Republic of the PhiliPPines

COMMISSION ON ELECTIONS
Intramuros, Manila

GENERAL GUIDELINES
AND OTHER RELATED
RULES AND
REGULATIONS FOR
THE OCTOBER 30, 2023
BARANGAY AND
SANGGUNIANG
KABATAAN ELECTIONS
(BSKE) AND ALL
SUCCEEDING BSKEs
THEREAFTER
RESOLUTION NO. 10924
Date of Promulgataon: lune7,2O23
 Table Of Contents
FOREWORD Chairtnan George Eruln M. Go,rcio.
FOREWORD Commissioner Rey E. Bulag, CIc, aSI<E
GLOSSARY OF TERMS

GENERAL GUIDELINES AND OTHER RELATED RI'LES AND REGULATIONS FOR THE
OCTOBER 2023 BARANGAY AND SANCTGUNIANG KABATAAN ELECTIONS (BSKE) AND
ALL SUCCEEDING
BSKES THEREAFTER 1

ARTICLE I
GENERAL PROVISIONS I
SEC. 1. IVature of the Barangay and Sangguniang Kabataan (SK) Elections 1
SEC. 2. Superuision and control of the Barangag and SK Elections 1

PART 1
PRF.ELESI ION ACrIVITIES

ARTICLE II
REGISTRATION ------------------t

SEC. 3. Declaration of policg I

SEC. 4. Gender Sensitiue Registration Sgstem/ Process -----------------------------------2

CIIAPTER I
FILING OF APPLICATION

SEC. 5. Schedule and conduct of registration of uoters

SEC. 6. Peiod of Filing, Posting, Hearing and Approual/ Disapproual of
Applicattons-----
SEC. 7. Last Day Registration Scenario ---------€
---------------.---------3
SEC. 8. Express lane for PWDs, SCs and Pregnant Applicants ------------------3
SEC.9. Satellite Registration ------_ ------"-----3
SEC. 10. Special Satellite Registration -_--_ ------4
SEC. 1 1 . Submission of report on daily re@stration output
SEC. 12. Procedure in case of defecttue VRM and/or its peipherals ----------6
SEC. 13. Who mag register ------- ------------6
SEC. 14. Who are disqualifr.ed to register
SEC 15. Forms
SEC 16. Procedure for filing of apptications for registration ------------------.-------------------------A
SEC 17 . Procedures for reception of Applicants 11
SEC . 18. Accomplishment of application forms for PWDs or illiterate person
or member of ICCs/ Ips L4
SEC. 19. Biometics capdring for uoters utho are illiterate,
uith amputated fingers or tlnse suffeing from paralysis --------------t4
SEC. 20. Procedure for filing of application for transkr of reEstration
records from another citg/ distict/ municipalitg and. from foreign
post to citg/ municipalitg other than oi@nal place of re@stration ----L4
SEC. 21. Procedure for filing of application for transfer of registration
records tuithin the same city/ district/ municipalitg due to change
of address 16
SEC. 22. Application for Reinstatement of records due to transfer from
foreign post to the same local citg/ municipalitg/ distict l7
SEC. 23. Procedure for filing of applications for reactiuation L7
SEC.24. Procedure for filing of applications for clnnge of name bg reason of marriage
or court order or order bA the Ciuil Registrar or Consul General 18
SEC. 25. Approued applications for Certifi.cation uith the OJfce for
Ouerseas Voting (OFOV) -----------L9
SEC. 26. Procedure for fling of applications for conection of entry/ enties
in the reqistration records
SEC. 27. Procedure for fling of multiple applications 1
SEC. 28. Procedure for fi.ling of applications for reinstatement of registered
uoter uhose name has been omitted in the list of uoters 1
SEC. 29. Procedure for filing of opplications for inclusion of registrotion
 record not included in the precinct book of uoters 1
SEC. 30. Procedure for the updating and. Recapturtng of cortupted
biometics data in the VRS

SEC. 3 1. Reconstitution of lost or damaged VRRs in case of calamitg

andforce majeure
SEC. 32. Applicants' Datafi76s --------- -------------------24
SEC. 33. Challenges to the right to register------ --------24
SEC. 34. Authority of EO to administer oath and issue sumtrnons-------------------------------24

CHAPTER II
VERIFICATION OF APPLICAIITS' I{AMES IN THE NATIONAL LIST OF REIGISTERED
VOTERS (NLRVsl

SEC. 35. Submission o;f-Lists of Applicants

SEC. 36. Verification of Applicants' Names -in the NLRV ---------25 6

CHAPTER III
ELECTION RBGISTRATION BOAR"D ACTION

SEC. 37 . ELection Registration Board (ERB)

SEC. 38. Substirurion 7
SEC. 39. Disqnlification
--------
qFa- 40. Sctrcdule of Heaing ---------------27
and Compensation ----- ----------27
SEC. 4 I . Notice of heaing of applications
SEC. 42. List of Appticants %
SEC.
SEC. 44. Procedures for Processing Applications 2A
SEC. 45. Implementation of court inclusion order 1
SEC. 46. Abatement of double/ multiple registration records 1
SEC. 47 . Deactiuation of Re@stration 1
SEC. 48. Cancellation of registration record.s 2
SEC, 49. Publication of action on the application 2

CHAPTER IV
UPDATING OF R.ECORDS OF SKs, FWDg, SCs AND IIEIIBERS ICCs/lPs

SEC. 50. lJpdating the records of PWD; and SCs and members of ICCs/ Ips ---------------""""'--33
SEC. 51 . Extraction of records of PWDs, SCs and ICC/ IP in the database 3
SEC. 52. Withdrau.tal of intent to uote in APP ------- --------'---"'---------33
CIIAPTIR V
SEGREGATIOII, CUSTODY AND BACK-UP OF DATABASE

SEC. 53. Segregation, custodA and back-up of database in compact discs

CIIAPTER VI
POST-R.EGISTRATION PROCEDURES

SEC. 54. Asstgnment of Precinct Number 5

SEC. 55. Submission of Quarterlg Progress Report (QPR) and POPs ------------"'-----35
SEC. 56. Compilation of I/RRs 35
SEC. 57. Petition for Inclusion of Voters in the List ---'-------" 5
SEC. 58. Petition for Exclusion of Voters from tle List --""'*-35
SEC. 59. ERB Certification of the Lists ofvoters 36
SEC. 60. Posting of the certified and final list of uote 36
SEC.61. Mobilization/ transportation allotuance --""'------ "-"--------""'-----36
SEC. 62. Role of tlrc Re@onal Election Drectors /REDs,| and Assistant Regional'--'----------"-36
SEC. 63. Oeneration and pinting of tte EDCVLs and PCWs 6
SEC. 64. Accredited citizens'arms, Ciutc Organization and Non-Gouemmental
Organizations-- ------'---------'3 77
SEC. 65. Verification procedure
SEC. 66. Certifcation procedure 8
SEC. 67. Posting of PCW' ---- 8
SEC. 68. Procedure on the conduct of manual cross-out of names 8
SEC. 69. Manual inclusion of uoters
ARTICLE III
REQUEST FOR TRANSFER, CHANGE OF NAME OR ADDRESS OF
A VOTING CENTER FOR THE CONDUCT OF BARANGAY AND
SANC'GUNIANG KABATAAN ELECTIONS -.---------.-----......-.--4O

CHAPTER I
SEC 70 Mandatory ocular inspection of uoting centers -------- -------------------4O
SEC 71, Modes and requirements for traftsfer of uoting center -----------------------------------------4O
SEC 72 Approual or deniat of a request for transfer of uoting
center upon resolution of the commission -------- ----------------------------4L
SEC 73 Request for transfer of uoting center uith administratiue
transkr of uoters ----------------------42
SEC Request for change or correction of nome of a uoting center ------------------------------------42
SEC 75 Request for chnnge or correction of address of a uottng center ----------------------------42
SEC 76 Requirements of a reErcst for change of name or address of
a uoting center - ----------------------------42
SEC 77 Requirements of a request for correction of name or address
of uoting center -------------- ------------43
SEC 78 Discrepancg betueen the signage and the recorded name of
the uoting center ---------------------43
SEC 79 Where to fle a request for transfer, chonge or correction of
name or address of uoting center and deadline for submission -----.------.---.-.-.--.---".---43
5LL 80 Automatic denial, exception -------.-44
81 When is a request considered submitted uithin the deadline? -----------------------------44
SEC a2 Exceptional cases ------------------ ----------------------------44
SEC 83 Cases no, considered as exceptional in character -
SEC 84 Voting centers transkfted temporarily ------.--
----------------44
-----------------.-.---------..45
SEC 85 Reuiual or re-submission of reqtes, ------------- ----------------------------45
SEC 86 Eualuation of the request and its supporting documents ----------------46
SEC a7 Posting requirements before approual of the reqtest -- -----------------46
SEC 88. Procedure after compliance uith posting requirements -*---------46
SEC 89. Implementation of the approued or denied request ------- -------------46
SEC 90. Posting of notice of approued or denied request ------- -----------------46
SEC 91. Submission of upd.ated BarangoA Precinct Map (BPM) ---------------------------------------46
SEC 92. Proper source of tlLe reEtest ---- -----------------------46

CIIAPTER II
ACCESSIBLE POLLING PLACE, SEPARATE POLLING PLACE
AND ACCESSIBLE VOTING CENTER

SEC. 93. Request for transfer of a uottng ceftter of uoters assigned in APP ----------------------47
SEC. 94. Request for creation of a Separate Polling Ptace (SPP)
and Accessible Voting Center (AVC) ----------------------47
SEC. 95. Exclusiue authoritg ------------- --------------47
CHAPTER III
TRANSFER OF A VOTING CENTER IN THE BARMM WITH OR WITHOUT OPPOSITION
AND IN NOT{.BARMM LOCALITIES WITH OPPOSITION

SEC. 96. SpeciaL panel of lau.tgers -------------47

------
SEC. 97. Secretariat of the panel and its functions ------- --------------------------47
SEC. 98. Peiod of submission of reqtests ----------------------48
SEC. 99. Whento set heaing
SEC.
SEC. lOI. Comments oJ the PES and RED - -- _ _ - _ __ ___ - _ _- - _ _ _ _ - __ - -- _ _ _ _ -48
SEC. to2
SEC. 103
SEC. 104
SEC. 105
SEC. 106
 CHAPTER IV
ACCI'RACY OF VOTING CENTERS IN THE POPS

Exctusiueauthoits
:P9 191 Accuracg *_________61
:P9 199 of the names or addresses of uoting centers tn the pOps ___-_________S l
SEC. 109. Responsibilitres o;f pES and. RED ------:---------:---------- _____________S 1

ARTICLE IV
CLUSTERING OF ESTABLISHED PRECINSTS ---------5I
SEC 110 Submission of merged Pt)Ps onlg ---------. ------_____________-__€ 1
SEC 111 Guidelines in the clusteing of established precincts --------.-____-__________S t
SEC lt2 AuthoitA of tlrc Commission on Elections _-_____S3
SEC 113 Deadline of submission of POPs by the OEO;
--_--___________.54
SEC 114 Purpose of POP ueifcation ------------
--____54
SEC 115 Deadline of submlssion ofPOPs 1o the Commission En Banc -----------------------54
SEC 116 Responsibrlities o/ the EOs -------- -________-__S4
SEC 177 Responsibilitres of the REDs and PESs --------84
ARTICLE V
CAIENDAR OF ACTTVITIES

SEC. 1 18. Calendar of Actiutties --------- 54

ARTICLE VI
CONSTITUTION, COMPOSITION, AND APPOINTMENT
OF ELECTORAL BOARDS, DESO, AND SUPPORT STAFF ---------.---- -------.---4I

StrC I 19. Scope --------- --------.---------------61

SEC 120. Electoral board - -------------$L
SEC L21 . Authoitg to constitute and appoint the members of the electoral board ---------6L
SEC 122. Composition of the electoral board ------------41
SEC Right oJ preference -------------- -------------41
SEC 124 QualiJications of members of the electoral board --
. -------------------------42
SEC 125. Dtsqualification of members of the electoral board.-- -.--------------62
SEC 126. Notice of disqualification ------------42
SEC 127 . Posting of the list of the constituted members of the electoral boards *----------62
SEC 12A. Opposition to the constituted members of the electoral boards ----------.-----------62
SEC 129. Appointment of public-school teachers as sabstitLtes -------------------------------------63
SEC 130. Appointment of qualified substitutes ---------------- ----------------------43
SEC 131. Order of preference ---------------------- -------------53
SEC 132. Posting of notice of date, time, and ptace of filing of application
of qnlifed substitutes --------- ---------------------------SS
SEC. 133. Posting of the List of applicants and Jiting of opposition -------------------------------------65
SEC. 134. Authoritg to administer oath -----------
SEC. 135. Oath of tlLe chairperson and members of the electoral board --------------------------65
SEC. 136. Pou.ters and functions of the electoral board -----------------------------65
SEC. t37 . Voting piuilege of the members of the electoral board -------------------------------------66
SEC. 138. Meettngs of the electoral board -------- -------------46
SEC. 139. Prohibition on polittcal actiuttg ---------------66
SEC. 140. Temporary uacancies in the electoral board --------- '-'----------'---'66
SEC. 141,. Anest of absent member --------- -------"""-"----'----66
SEC. t42. Relief and substitution of the members of the electoral board --------''--------S?
SEC. 143. Support staff of tLrc etectoral board
SEC. t44. Department of Education/ Ministry of Basic, Higher and
Technical Educatton Superuisor Olficiat and support stalf; composition,
quatification and functions ----""""-----------------67
SEC. 145. DESO EAPP support staff ------- -------------54
SEC. L46. Reportorial requirements ------64
SEC. 147 . Deputation of members of the PNP "--"-"--'-'--'---"-69
SEC. 148. Entitlement of honoraia, allou.tances, serutce credits and other benefits --------7O
SEC. t49. Peiod of payment ------------ --------------'-----7o
SEC. 150. DelaA in the payment of honoraia and allou.tances; effect ------------'---------"""-----7O
SEC. 151. Other benefits
SEC. 152. Legal indemnification package -- --""-"--------------"---7 |
SEC. 153. Funds for legal indemnificatton package ------- --------"-----------'-"'7 |
SEC 154 Committee on Claims and Assessment ----.---- ----------------------------7 |
SEC 155 Legal assistance ---------------------7 L
SEC 156 l,anager's fees -- -----------------J7 L
SEC 157 Legal costs and other reasonable expenses - ----------------------.71
SEC 158 Other forms of legal protection --- ---------------------!72
SEC 159 Entitlement to legal indemnification package ---------------------------------:12

ARTICLE VII
CHAPTER I
FILING OF CERTIFICATE OF CANDIDACY

SEC. 160. Olficials to be elected ----------------72

SEC. 161Qualifications for punong barangag and member, SB ---------------------- -------------72
.

SEC.162. Qualifications for chairperson and member, SK 72

SEC.163. Voter registration requirement --- -----------------------73
SEC.t64. Age requirement of chairperson and member, Sl( ---.---.-.--.--------- -------------------------------73
SEC.165. Remedg for non-acceptance bg tlrc Receiuing Olficer of the
Certif.cate of Candidacg in case of apparent non-compliance
utith uoter registration and age requirements 73
SEC 166. Certificate ofCandidacg ------- ------.-------73
SEC 167 . Effect of filing a Certifi.cate of Candidacg for more than one off.ce --------------73
SEC 168. Contents and fonn of Statement of Cancellation; Statement of
CanceLlationifnotpersonalLgfi.led---------- ------*-*--------74
eE /- 169 Contents and
forms of Certtficate of Candid.acg ---- ----------------------74
SEC. \70 Contents of Certificate of Candidacy applicable to SI(positions ----------------------------76
SEC. 177 Wlere to file Certificate of Candidacg
SEC. t72 Peiod for filing Certificate of Candidacg --------- ------------.76
SEC. 173 Report of non-receipt of Certificate of Candidacg -------------------------77
SEC. 174 Effects of filing Certifcate of Candidacg 77
SEC. I /5 MinisteiaL duty of receiving and acknou,tledging receipt of
Certificate of Candidacg -------- *.----------------7a
sEC. 176. Recording bg the Receiuing Offi.cer of the Certificate of Candidacg cts fited-------78
sEC. 177. Log Sheets of the Certificate of Candidacg as Filed --.----- ----------.18
sEC. 178. Submission of the number of aspirants u-tho filed their
C ertifi cat e of C andidacg -- -_ _- --
_- __7 9
--- _ __ _ - --

SEC. t79. Reports of the Certificates of Candidacg receiued -----------------------.-79

SEC. 180. Preparation of the Certified Consolidated List of Candidates .-----.--------.--.."---------------7 9
StrC. 181. Distibution of Certtfi.cates of Candidacy -------------AO
SEC. 142. Deliuery of Certifi.cates of Candidacg and other documents ------------.--------------aO
SEC. 183. Posting of the Certified Consolidated List of Candidates --------.AO
SEC. 184. Withdraual of Certificate of CandidacA --------- -------------------------€O
SEC. 185. Filing of Statement of Withdrautal bg the dulg authorized
representatiue of the aspirant ---- -----------------------aL
SEC 186. Subsrrtution of aspirants/ candidates in case of death -- -------€ 1
SEC r87 . Inclusion of the substitute in the list of official candidates ------------a 1
SEC 188. Appreciation of ballots in case of substitution - ---------------81
SEC 189. Fonns --------- --------------------------€ 1
SEC 190. Compliance tuith the Data Prtuacg Act of 2012 dnd its ImpLementing
Rules and Regulations -------- ------------------------42

CHAPTER II
REQUEST FOR AUTHORITY TO TRANSFER VENUE FOR THE T'ILING OF CERTIFICATE
OF CANDIDACY

SEC. 191 AuthoitA to transfer uenue for the filing of COC ----- -----------------42
SEC. r92 Where to File --- ---------------------------42
511L. 193 Requirements for the transfer of uenue for the filing of COC -------------------------------42
SEC. 194 Notice -------- -------------------€3
SEC. 195 Opposition to tle Transfer of Venue for the FiLtng of COC €3
SEC. 196 Responsibilitg of the receiuing offices -------------- ---------------""'--"€3
SEC, t97 COVIDL9 Marshal, functions --------------------"-----------€3
SEC. 198 DeptoAment of AFP/ PNP, seatity and assistance - -------------------a3
SEC. 199 Changes in procedures and protocols -------------'€3
ARTICLE VIII
DEPUTIZATION ---------A3
SEC.2OO The Department of the Interior and l,ocal Couernment (DILG) and
the National Police Commission (NAPOLCOM), duties and functions -----------83
sEC. 20 1. Other la ut enforcement agencies, duties, and functions --------- --------------------a4
sEC.202. Departments and offi.ces under the executiue branch ----- -----.as
sEC.203. The Philippine Postal Corporation (PHILPost) and the National
Telecommunications Commission (NTC), duties and functions ------------------------€8
sEC.204. Gouernment financial institutions, other gouernment agencies
and other gouernment-ouned or controlled corporations, to prouide
means of transportation in connection with the conduct of elections ---------------------€9
sEC.205. Prouision of sufficient etectical pouer supplg in connection uith
the conduct of elections -------. -------------------------.A9
sEC.206. The Ciuil Seruice Commission (CSC) --------- -----------------------------9O
sEC.207. The Commission on Audit (COA) and the Department of Budget and
Management (DBM) ----------9L
sEC.208. Precedence of Commission orders -----."----------------gl
sEC.209. Deputizing the Armed Forces of the Philippines, the Philippine
National Police and the Philippine Coast Guard --- -------------91
SEC. 2 1O Precedence of Commission orders ------------------------93

CHAPTER I
MASS MEDIA

SEC 2tl.
General requirements for accreditation ---------- ------------------93
SEC 212. Specific requirements for accreditation of uisiting foreign media -------------------------------94
SEC 2t3. Peiod for filing application for accreditation -------- ------------94
SEC 2l_4. Venue of filing of applications for accreditation 4
SEC 2t5. Approual of applications for accreditation -------- --------------------------95
SEC 216. Report on actions taken on applications for accreditation --------------------------"-"-------95
SEC 217. Media card ----
SEC 218. Access
SEC 2t9.

CHAPTER II
OBSERVERS

SEC ccn Qualifications for accreditation ---------------96

SEC 221. Application for accreditation ---- ----------------------------96
SEC 222. Documentary requirements --- -----------------------------96
SEC 223. Period for filing application for accreditation ------- ----------------------97
SEC 224. Postingofapplicationsforaccreditation-------- --------------97
SEC 225. Opposition to the application for accreditation - ----------------97
SEC. 226. Ground.sfor opposition ----- 7
SEC. 227 . Approual of applications for accreditatton -*---* --------------9?
SEC. 228. Accredited obseruerpasses ------- -----------------------98
SEC.229. Priuileges ------ -------------94
SEC. 230. Code of conduct - --------------------------94
SEC. 231. Summary reuocation of accreditation ------ ----------98
SEC. 232. Period of ualidity of accreditation - ----"----'--------------99
SEC. 233. Prohibited acts ---------- '---------99
SEC. 234. Penalty for violation
SEC. 235. Reportoial requirements ------ *--------------------'99

SEC, 236. Campaign peiod --------- -""--'-------------------""--1OO

SEC. 237 . Prohibited campaigning ---- ---------------""-------------1OO
SEC. 238.ProhibitionagainstForeignlnteruention---.* ---------.."--------1OO
SEC. 239. Lawful election propaganda --"'--"'-------------"'fOO
SEC. 24O. Prohibited forms of election propaganda ---- ----------------""-----------lol
 authoitg to use other electton propaganda -'----------------------"'-"-----lO2
SEC. 241 Request for
sDc.242 Requirements and/ or limitations on the use of election
propaganda through 'r.ass media -------- ------'LO2
SEC.243 Witten acceptance of election propaganda and/ or poLitical
aduertisements -------------1o5
SEC.244 Reporting requirements to be submitted by mass media
enttties, contractors and business finns -----------"--""-1Os
SEC. 245. Foir and acatrate reporting -------
SEC. 246. Right to replg -- ---------------.----.-.106
SEC. 247 . Rates for political propaganda --- ---------------------lO7
SEC. 248. Regulation of election propaganda through mass media ---------------------LO7
SEC. 249. Posting of campaign mateials --------------LO7
SEC. 250. Common poster areas ------------- -----------------------f 08
SEC. 25 1 . Prohibition on the remoual, destruction or defacement of lauful
el ection propaqo nda ---------------- --""-------------1 10
SEC. 252. Remoual, confscation, or destru.ction of prohibited propaganda
moteials -------------------------l 10
SEC. 253. Creation of tosk force to tear doun and remoue unlauful election
materiats .-.-...11O
SEC. 254 . Modes of remouat or dismantling of prohibited forms
campaign mateials ------------ -----.----------------1 10
SEC. 255. RemovaL of prohibited propaganda mateials before the
start of the campaign peiod ---- ------------------Ll2
SEC. 256. Remoual of propaganda mateials afier the elections ---------------- -.------------lL2
SEC. Application for permit to hold public meetings, rallies or other
politicol actiuities ------------------ ------------------------LL2
SEC. 258. Action on application for permit ---*------- -*----LL2
SEC. 259. Affidavit of ampliance Luith health protocols ---------- -------113
SEC. 260. Prohibited acts duing public meetings ---------------113
SEC. 261 . E-raLlies and liuestreams alloued -----------.113
SEC. 262. Mass media columnist, announcer or personalitg running
for pubtic olfice or is a campaign uolunteer ---.-- -------------------113
SEC. 263. Deputizotion --- -----------------Ll4
SEC. 264. Prohibition against interuention bg political partA, coatition
of political parties, or ang other organization ---- ------------.L14
SEC. 265. Election olfense - ------------lL4
ARTICLE XI
RI'LES ON GUN BAN ----_-_- ------114

SEC 2
SEC 2 67 . Suspension oJ Permit to Carry Fireann Attside of Residence (PTCFORs)
And Letter Order (LO) / Mission Ord-er (MO) ------ -------------.----1 15

CHAPTER I
THE COMMITTEE ON THE BAN ON FIREARMS AND SECURITY CONCERNS

SEC. 268. The CBFSC 115

SEC. 269. Pouers of the CBFSC 115

CHAPTER II
THE REGIONAL, PROVINCIAL, CITY AND MUNICIPAI JOINT SECURITY CONTROL
CENTERS (R/P/C/MJSCCI

SEC 27O. The RJSCC ------116

SEC 271. The PJSCC ----116
SEC
SEC

CHAPTER III
TIIE EVALUATION UNITS, AND THE REGIONAL EVALUATION UNITS
SEC. 274. The Eualuation Unit (EU) or Regtonal Euqluation Unit (REU) --------ll7
 CHAPTER IV
CERTIFICATE OF AUTHORITY AND THEIR CATEGORIES

SEC 2 75. Certifcate of Authoritg (CA) _______-Lt7

2 7 6. Categoies of CA
----------
.------------------- ---------------.---_____-___--1ta
SEC 2 77 . Validitg of CA --------------- -_------.___-l1E
SEC 2 78. Effects of Expiration or Reuocation of Ang of the Applicable Licenses
Registrations and Permits _______119

CHAPTER V
FULL EXEMPTION GRANTED TO CERTAIN GOVERNMENT OFFICIALS AND
PERSONNEL

SEC. 2
SEC.2

CIIAPTER VI
CERTIFICATE OF AUTHORITY. LAW ENFORCEMENT AGENCIES

SEC 281. Preferential Dispositron Of Atl CA-LEA Applications ----------------------l2L

SEC 282. Who Mag Bear, Carry or Transport Firearrns ------------ -----.----.---L2l
SEC 283. Conditions for the Issuance of CA-LEA .----.----------122
SEC 284. Application Form and Documentary Requirements
for the Issuance of CA-LEA -------L23

CHAPTER VII
CERTIFICATE OF AUTHORITY - DIPLOMATIC MISSIONS

SEC. 285. Who May Bear, Carry or Transport Firearms ----- -------------------------L24
SEC. 286. Retention of Seruices of Securitg Personnel or Bodyguards ----------------------------124
SEC. 287. Application Form and Documentary Requirements for the
Issuance of CA-DM ------------- ----------------------124
SEC. 288. Concerned LDAs and Gouernment or Foreign Securitg Personnel
Agencies as Atsbdian of their Infoflnation -----------------------------L24

CHAPTER VIII
CERTIFICATE OF AUTHORITY - SECURJTY AGET{CIES

SEC. 289. Who Mag Bear, Carry or Transport Firearms ------------------ --------L26
SEC. 290. Application Form and Documentary Requirements for
the Issuance ofCA-SA ------------------- --------------------L25
SEC. 291. Additional Guidelines for PSSPs -------------- -------126

CHAPTER D(
CERTIFICATE OF AUTHORJTY - CASHIERS/DISBI'RSING OFFICERS

SE c.2 92. Who Mag Bear, Carry or Transport Firearrns -------------"----------- --------L27
5L c.2 93. Application Form and Documentary Requirements for the
lssucnce of CA-CDO ------ ---------L27

CIIAPTER X
CERTIFICATE OF AUTHORITY HIGH.RIST INDIVIDUAIS

SEC. 294. Who Mag Bear, Carry or Transport Fireams ---------------------""------L2A

S EC. 295. Application Form and Documentary Requirements for the
Issuance of CA-HRI under Section 294 (a) ---------- """---------L29
SEC. 296. Application Fonn and Documentary Requirements for the Issuance
of CA-HRI under Section 294 (b) -----""""'-""'---L29

CIIAPTER XI
CERTIFICATE OF AUTHORITY. SECURTTY DETAILS

SEC. 297. Reuocation of Authoitg Granting SecuritA Personnel --'--------------"----------------13O

SEC. 298. Who MaA Emplog, Auail or Engage the Seruices of Sealitg
Personnel or Bodgguards ------ 130
SEC. 299. Augmentation of Seanitg Personnel or Bodgguards 130
SEC.3OO Application Fonn and Documentary Requirements for the
Issuance of CA-SD ""-"'--------l3O
SEC. 301 Temporary AuthoritA to Emplog, Auail or Engage the Seruices of
SecuityDetoils,PersonnelorBodyguards------ ""'-'-"'---------"-131
SEC.3O2 Guidelines and Procedures for the Processing of Applications for
the Issuance of TA-SD --------------- -*----------------131
SEC.3O3 Terms and Conditions Relating to the EmploAment, Auailment or
Engagement of Serutces of Secuity Personnel or Bodgguards ------------------------------L32

CHAPTER XII
CERTIFICATE OF AUTHORITY . TRANSPIORT

SEC 3O4. Who Mag be Allowed to Transport or Deliuer Firearm and/ or its
Parts, Ammunition and/ or its Components, or Explosiue and/ or its
Components --- -----------------------133
SEC 3O5. Application Forrn and Documentary Requirements for the
Issuance of CA-TT ---------------133
SEC 306. Administratiue Processing Fees Relattue to the Application for
the Issuance of an CA-TT ------- .---------------------133
SEC 3O7 . Conditions for the Issuance of a CA-TT
----- ----------------------------134

CHAPTER XIII
CERTIFICA?E OF AUTHORITY. SPORTS SHOOTERS

SEC. 308. Who Mag Bear, Carry or Transport Firearms ----------------135

SEC. 309. Condittons for the Isszance of an CA-SS ------------135
SEC. 310. Application Form and Documentary Requirements for the Issuance
o/CA-SS ---------- -------.-------------135

CHAPTER XTV
ELEC.TRONIC FILING OF APPLICATIONS FOR THE ISSUANCE OF CERTIFICATES OF
AUTHORITY

SEC. 3 i 1. Electronic Filing of Applications for the lssuance of CA -----------------136

CHAPTER :(V
PRE.EVALUATION, EVALUATION, RESOLUTION OF THE APPLICATION, AND REQUEST
FOR R"ECONSIDERATION

SEC. 312. Pre-Eualuation, Eualuation, and Resolution of Applications for

the lssuance ofCA ----------138
SEC. 313. Request for Reconsideration ---------- ,- --,-- 139

CHAPTER XVI
BLADED INSTRUMENTS AS SOUVENIR ITEMS

CHAPTER ,rVII
REPORTORTAL REQUIREMENTS

SEC. 316. Repofts of the AFP and PNP ------- 140

SEC. 317. Reports of the RJSCC, PJSCC and C/ MJSCC 140

CHAPTER XVIII
MISCELLANEOUS PROVISIONS

SEC. 3 18. Signa'tones in *.e CA and Other Documents ----.------------ --------L4l

SEC. 319. Composition of the CBFSC Secretaiat, RJSCC, and RJSCC
Secretaial ------------------------------l4L
SEC.320. Meetings ------.141
SEC. 32 1. PaAment of Administratiue ProcessingFees ----------------------------------L4L
SEC. 322. Certified True Copy of CAs and Related Documents --------------------142
SEC. 323. Gun Ban Certifi.cation
SEC. 324. Records Keeping
 CHAPTER XX'(
PROHIBITIONS AND PENALTIES

SEC. 325. Electton Offense Liability --_______L42

SEC. 326. Penaltg for Election Offenses __-_________-_------__L42
SEC. 327. Reuocation, Cancellation or Szspension of Fireanns
Licenses, Permits, and Registration ------ -______-142
SEC. 328. Liability oJ Juidicat Person ----------------- _----_r42

CI1APTER XX
COMPLIANCE WITH THE LAW ON DATA PRTVACY

29. Processing of Personal Data - ---------..-------------------L4g

SE L. J 30. Secuitg Measures ----------- ----------------l4g
SE 31. Disclosure - ----.--.------------------------l4g
SE L. J 32. Accountabilitg for Violation of tlle Lau and Regulations on
Data Priuacy --------------------------L43

ARTICLE XII
DEICLARATION OF CERTAIN AREAS IN THE COUNTRY UI{DER COMELEC CONTROL,
ELECTION AREAS OF. CONCERN, AND ESTABLISHIIENT OF COMELEC COMMAND
CENTER -.-.-.-----------..r43
SEC. Pouer to declare COMELEC Control -------------------L43
SEC. 334. Defnition of COMELEC Control ----- ---.---------------L43
Ground-s for declaration o.f COMELEC Control ------ -----.---.----------L43
SEC. 336. Modes of decloration of COMELEC Control ------- -------------------L44
SEC. Effects of declaration of COMELEC Control -------* ----------L+4
SEC. 338. Duration of COMELEC Control -- ------------------145
SEC. 339. Role of CBFSC - -----------------------145
SEC. 340. RoLe of the PNP and AFP --*--- - -----146
SEC. 341. Election Areas of Concern ----------- ----------------------147
SEC. 342. Implementation of COMELEC Control ----------------------- -----------------148
SEC. 343. Establishment of COMELEC Comrnqnd Center ------- -------------------148
SEC. 344. Task of the COMELEC Command Center ---- ---------------------------144

ARTICLE XIII
GUIDELINES ON THE ESTABLISHMENT AND OPERATION OF COMELEC CHECTPOINTS;
AND INSTRUCTIONS FOR THE CONDUCT OF PRELIMINARY EX]\MINATION OF
VIOLATIONS OF THE BAN OF FIRIARMS, OTHER DEADLY WEAPONS AND SECURITY
PERSONNEL -----------------t4a

SEC 345 Authoitg to Dstabtish COMELEC Checkpoints ------ ---------------148

SEC 346 Notice of Lacation of COMELEC Checkpoints ---------------------------L4A
SEC 347 Spot Checkpoint --------------------------149
SEC 348 Personnel to Man Checkpoint ---- ---------------'-'-'-149
SEC 349 Biefing bg the Commanding Officer/ Team Leader -------------------------------------------149
SEC 350 Guidetines on the EstabLishment of COMELEC Checkpoints -------------- '---------149
SEC 351 Searctrcs of COMELEC Checkpoint ------ 150
SEC 352 Procedure in case a Checkpoint is lgnored 150
SEC Procedure in Cases uhere there is an Apparent Violation of the Ban
On Nrearms or Other Deadtg Weapons ------ ----------------15 1
SEC 354 Rights of Person Alrested ----- --------- -------------151
SEC Record of Anest -----------------------152
SEC 356 Report on Turn-ouer of Arrested Person ----- "-----152
SEC Doalmentation of the Conduct of the Checkpotnt -- -- -- -----------------LS2
SEC 358 Prohibition on Dxtortion/ Solicitation Acceptance of Voluntary Offers of Cash
Or Gifts ------------------------ 152
SEC. 359. Preliminary Examination ------- ---------------------- -152
SEC. 360. Procedure
SEC. 361. Rights of Arrested Person
SEC. 362. Disposition of Doa)ments dnd Euidence -------------- ------------- - --153
SEC. 363. Report of the Lanu DeparTment ---- ---------------------------153
SEC. 364. Compliance uith the Data Piuacg Act of 2012 ond its
Implementing Rules and Regulations ------------------ ---------------------153
SEC.365 Auaitabilitg of Fund ----------- ----------------------153
ARTICLE XIV
PROHOBITION AGNNST APPOINTMENT OR HIRING OF NEW EMPLOYEES' CREATION
OF NEW POSITIONS, PROMOTION OR GTVING OF SALARY INCREASES, RENUMERATION
OR PRTVILEGES; TRANSFER OR DETAIL OF CtvIL SERVICE EMPLOYEES; SUSPENSION
OF ELEC'TIVE LOCAL OFFICIALS; AND FTLING OF LEAVE OF ABSENCE OF LOCAL
TREASTTRERS ---------------153

sEC.366. Prohibited Acts and Peiod of Prohibition -------- "'---------------"-----153

sEC.367. Designation not Included --------------- -154
sEC.368. Req)est for Authoritg of the Commission to Appoint or Hire
Neu EmploAees; Hotu to File ---- ------------L54
SEC. 369. Request for Authoritg of the Commission to Create and
Fill Neu-t Positions: Wlrcre and Hou to F[te ------ -----------------------154
SEC. 370. When Request for Authoitg is Not Necessary --- -----------------155
SEC. 37 1. Urgent Need to Appoint or Hire Netu Emplogees --------------------------155
SEC. 372. Totql Ban on Promotion, Salary Increases, Grant of Priuiteges ----------------------------156
SEC. 373. Injunction ------ -----------------------LS6

CHAPTER I
TOTAL BAN ON APPOINTMENT OR HIRING OF NEW EIIPLOYEES, CREATION OF NEW
PC'SITION, PROMOTION, OR GTVING OF SALARY II{CR.EASES, REMUNERATION OR
PRTVILEIGES IN THE BARAI{GAY

SEC. 374. Total Ban on Appointment, Hiing of Neut Emplogees, Creation

of Neut Position, Promotion or Giuing of Salary Increases,
Renruneration or Priuileges in the BarangaA -------- -----------------156
SEC.375. Prohibitton -----------.------156
CHAPTER II
TRANSFER OF OFFICERS AND EMPLOYEES IN THE CTWL SERVICE

SEC 3 7 6 . Prohibited Act and Peiod of Prohibition --------------L57

SEC 3 77. Fiting of Reqttests tuith the Law Department --- ---------------------------L57
SEC 3 78. Filing of Requests utith the Office of the Regi.onal Election Director ------------157
S EC 3 79. Request for Authoritg of the Commission on Transfer or Detail;
Hou..t to File

CHAPTER III
SUSPENSION OF ELECTIVE PROVINCIAL, CITY, MUNICIPAL OR BARANGAY OFFICER

SEC. 381. Request for AuthoitA of tlle Commission to Suspend ang Electiue
Prouincia\ Citg, Municipal or Barangag Olfi.cer, unless Suspension
will be for Purposes of Applging the Anti-Grafi and Corrupt Practices Act
Where and How to File --------- -------.------------158
SEC 382- When Request for Authoitg is lyot Necessary ------------------159
SEC 383. Effect of the Onset of the Election Peiod --------159

CHAPTER TV
LEAVE OF ABSENCE OR PROVINCIAL, CITY OR MUNICIPAL TREASURER

SEC. 384. Leaue of Absence of Provincial, City or Municipal Treasurer ---------------------------------159

SEC. 385. Request for Approual of Leaue of Absence of Prouincial, Citg
or Municipal Treasurer ------ -----------------------------159
sEC. 386. Where to File ----------- ---------159

CHAPTER V
AUTHORITY OF THE CIIAIRMAN TO APPROVE/ DISAPPROVE REQUESTS AND THE
PROCEDURE ON THE REQT'EST

SEC. 387. AuthoitA of the Chairman to Approue/ Disapproue

Recommendations from the Law Department -------------------------------160
SEC. 388- Requests for AuthoitA Submitted to the Olfice of the Reglonal Election
Director - - -- ---- - ----- ---
---- - --- | 60
SEC.389. Reconsideration of the Disapproual of the Requests ---------------------L6O
SEC. 390. Appeal on the Deniat of the Request for Reansideration ----------------------------------L6L
SEC. 39 1 . Report of the Olfice of Regtonal Election Directors on All Actions
on Requests for Authoitg to the LauJ Department -----------------_----_____L6L

CHAPTER VI
GRANT OF CONTINIIING AUTIIORITY

SEC. 392. Grant of Continuing Authoitg --- -------------t6t

SEC. 393. Conditions for tLLe Grant of Continuing AuthoitA --- ---------------t6L
SEC. 394. Continuing Authoitg to Appoint and Transfer Gouerrlment Officers or
Employees Granted to Cerlain Gouemment Agencies --- -------162
CIIAPTER VII
AUTHORITY OF ?HE COMMISSION ON ELECTIONS TO TRANSFER OR REASSIGN ITS
PERSONNEL

CHAPTER VIII
COMMON PROVISIONS

SEC. 397. Manner of Filing of Requests for Authoitq under these Guidelines ------------------------162
SEC. 398. Reqtest for Authoritg Filed In-Person or u.tith the Inconect Olfice ---------------------163
SEC. 399. When to File Request for Authoity of the Commission ---------------------------------------------L63

CHAPTER IX
AUTHORITY OF THE AFP AND PNP TO USE ANY ARMORED LAND, WATER OR AIR
CRAFT

SEC. 400. Grant of Authoita to the Amed Forces of the Philippines and
Philippine National Police to Use Ang Armored Land, Water or Air Crafi --------L64

ARTICLE )(l/
RULES ON THE PROHIBITION AGNNST RELEASE, DISBURSEMENT
OR E:I(PENDITIIRE OF PIIBLIC FUNDS ON SOCIAL SERVICES AND DEVELOPMENT ..-164

ARTICLEI(VI
LTQUOR BAN ------------ 165

SEC. 404. Prohibited Acts --------------165

SEC 405.
SEC 406.
SEC 407 .

SEC 408.
SEC 409.
SEC 410.
SEC 41 1.

PART II
ELECTION DAY

ARTICLE XVII
GENERAL INSTRUCTIONS ON VOTING, COUNTING OF VOTES
AND CANVASSTNG ---------- -----------------166

CHAPTER I
WATCHERS

SEC. 412. Olficiat utatchers of candidates and other groups ------------------------166

SE c.4
SE c.4

CHAPTER U
FORMS, DOCUMENTS AND SUPPLIES

SEC . 4 1 5 . Fonns, documents and supplies ---- -- - -- ---- - -- - - - -- - - -- - - - - L 6 A

SEC.416. Forlms to be reproduced uthen needed ----------' ""-------------""--l7O
SEC. 417. Minutes of Votirlg and Counting of Votes ---------- ------"""---------17o
SEC. 418. Verification of form-s, doanments and supplies before the
Citg/ Municipal Treasurer ----- -------'"--'-----------l7O
SEC. 419. Request for earlg deliuery ------- -------------------L7l

CHAPTER III
CASTING OF VOTES

QE' c.4
SE c.4
SD
SE c.4
SE C,4
SE c.4
SE c.4
Str c.4
SE c.4
SE c.4
SE
sEC.432. Order ofuoting - -----------------------175
sEC.433. Manner of obtaininq the battotl'-------:----:-::--:-----:---:---::-----------------.-----------t7s
sEC.434. Mannerofuoting -------------L76
sEC.435. Accomplisfunent oJ ballots for illiterate, PWD or Senior
Citizens (SC) -------------------L76
sEC. 436. Accessible polling places (APPs) . -------------L77
sEC.437. Express lane for PWD, SC and heauitg pregnant and
EBs exercising uoting priuilege - ------------------------L77
sEC.438. Spoited ballots - -------------------------L77
sEC.439. Procedures afier uoting ---------- -----------------------L77
sEC.440. ChalLenge against illegdl uoters - -------------------------L7A
SEC. 44 l. Challenge based on cerlain illegal acts 179
SE.C. 442. Record of challenges, oaths and resolutions L79
SEC. 443. Disposition of unused ballots at end of uoting hours ----------------------------------------L79
SEC. 444. Prohibition against premdtttre onnouncement of uoting --------179
CHAPTER IV
COUNTING OF VOTES

SEC. 445. Counting of uotes to be public and uithout interruption ----------------------18O

SEC. 446. Transfer of counting of uotes
--------------------.1aO
SEC. 447 . Preliminaies to the aunting of uotes ---------- ---------------------------18O
SEC, 448. Ballots deposited in the compartment for spoited battots ---------------------------------181
SEC. 449 . Manner of counting of uotes ------------------------------181
SEC. 450. Appreciation of ballots --------- ------------------------182

CHAPTER V
EMERGENCY ACCESSIBLE POLLING PLI\CE (EAPP} r.OR PERSONS WITH
DISABILITITS, SEI{IOR CITIZENS AND HEAVILY PREGNANT VOTERS

SEC. 451 General Pinciptes --------------LA4

SEC.452 Scope

CIIAPTER VI
EMERGENCY ACCESSIBLE POLLING PLACE (E,APPI
QE'c.4 53. Tgpes of EAPP dnd th.eir Establishments .---------------185
SE c.4
SEC. 455 EAPP minimum requirement ________________1a6
SEC. 456 Accessibilitg features ---------------
-___________-Ia6
SEC. 457 . Exercise of choice .-----------------
------______. t a6
SEC. 458. S-EAPP for the October 2023 BSKE _----__--._ta6
SEC. 459. First Come, ji.rst serue bosis
SEC. 460. Voting hours ---
-------------_--La7
------------La?
SEC. 46t. Earlg Distibution of Autflorization Fonns ------- ----------------lgz
SEC, 462. Waiting area---
--------------Lg7
SEC. 463, Assistor ------- -------------19?
)t1L- 464. Otherassistance ------------lgz
SEC. 465. Number of EAPP SS to be appointed "----------------------- --------.-----188
SEC. 466. S-EAPP Support Stalf 6-EAPP SS) ------------1a8
SEC. 467 . Qualifications of EAPP/ S-EAPP SS ---.-.--------------- ----------------------------189
SEC. 468. Preference in the appointment of EAPP/ S-EAPP SS - -------------------la9
SEC. 469. Remuneration and other benefits ------------189
SEC. 470. Dtsabilitg au.rareness and sensifiuitg training --- -------------1a9
SEC. 47 t. EAPP Election Dag Computerized Voter's List (EDCVL) -----------------------------------la9
SEC. 472. S-EAPPs EDVCL -.---.------ -----lA9
SEC. 473. Persons Allowed Inside the EAPP and S-EAPP .--.------. ----------------189

CIIAPTER VII
VOTING AND CLOSING PROCEDURES

SEC 474. Voting Procedures inthe EAPP -- --------------19O

SEC 475. Voting Procedures in the S-EAPP - ----------------------L91
SEC 476. Procedures before closing of EAPP and S-EAPP ---------- ----------------L92
SEC 477 . Procedures ajter closing of EA ---------------------------L92
SEC 478. Earlll close of uoting in S-EAPP -- ----------------------L92
SEC 479 . Memorandum of Understanding (MOU) uith other concented
Agencies
SEC. 480 EAPP data repository ----------------193
SEC. 481 Post election assessment and submission of finaL report to the En Banc --------------193
SEC.482 Forms and Supplies -----------------------l 93

CHAPTER VIII
ISOLATION POLLING PLACE

SEC. 483. Establishment oJ an lsolation Polling Place (IPP) --------------194

SE c.484. Who mag uote at the IPP - ---------L94
SE c.485. Voting Procedures in the IPP ---- ----------------------L94
SE c.486. Submission of IPP record sheets ------------ --------------------------------196
SE c. 487 . IPP Forms and Suppties -----------196
SE c.488. Procedure afier ctosing of the IPP - ------------------------L96

CHAPTER IX
GUIDELINES ON PERSONS DEPRTVED OF LIBERTY (PDL) VOTING

SEC.489. Couerage ----L97

SEC. 490. PDL Voting ---- -----------------------197

CHAPTER X
SPECIAL POLLIT{G PLACES INSIDE JAILS

)LL 49t.
PDL-SPP .----------------L97
SEC 492. Who are aLlouLed to uote in the PDL-SPP --------- -------------L97
SEC 493. Location of the PDL-SPP ---------197
SEC 494.
SEC 495.
SEC 496.
SEC 497 .
SEC 498.
eE /- 499 . Released PDL Voters
 CIIAPTER XI
SPECIAL ELECTORAL BOARD (SEB) FOR PDL VOTERS, SEB.PDL SI'PPOR" STAFT,
WATCHERS, SECURITY ESCORTS A D MONITORING GROUPS

SEC. 500. Appointment, constitution, composition and qualifications of SEB-PDL

members ------------------------------199
S EC 501 Appointment of SEB-PDL supporT stoff (SEB-PDL SS/ -----------------------------------L99
S EC 502 Pouers and functions of SEB-PDL -------------------L99
S !rC 503. Futtctions af SEB-PDL SS ---------- -----''-----------199
S EC 504. Functions of the untfurmed securitA escort - ---------------------------------2OO
S EC s05. Budgetary reE)irement for the transportation of SEB-PDL SS and secunly
escort ---------- -----------------------2OO
SEC. 506. Proceedings of the SEB-PDL -----------------------------2OO
SEC. 507. Votirry prtuilege of the SEB-PDL members ---------2OO
SEC. 508. Prohibition against political actiuity ------- -----------------------------2OO
SEC. 509. Honoraia of the SEB-PDL and its support staJf
SEC. 510. Official uatchers of candidates, political parties -------------------------------.-----2OO
and other groups -------------2Ol
SEC. 511. Monitoing groups, obseruers and media representatiues -------2OL
SEC. 512. Documentation and communication deuices alloued in SEB-PDL ---------------------------2Ol

CHAPTER XII
ELECTION FORMS AND SUPPLIES

SEC. 513. Election forms, documents and supplies ------- ----------..-------------2Ol

SEC. 514. Forms to be reproduced tohen needed ---------2O4
CHAPTER XIII
PROCEDUR"ES OF VOTING

SEC. Date and time of PDL uoting ---- -------------2O4

SEC. 516. Preliminaies to the uoting .-.--..2O4
SEC. 517. Manner of obtaining ballots ----- ...-----.----..---.---..2Os
SEC. 518. Manner of uoting ----------------------2Oo
SEC. 519. Challenge against illegal uoters --------- -----206
SEC. 520. Challenge based on certain illegal a.cts ------------- -------------2O7
SEC. 521. Rules to be obserued duiftg the uoting -------2O7
SEC. 522. Prohibition on uottng --------- 07
SEC. 523. Preparation of ballot for a PDL uoter uho is illiterate or u.tith disabilitll------------20$
SEC. 524. Seoling of the enuelopes per clustered precinct -------------"--------------2Oa
SEC. 525. Dtsposition of election documents o9

CHAPTER XIV
ESCORTED PDL VOTING

SEC. 526. Escorted PDL uoters --------- --------------------------2O9

SEC. 527. Express Lane for escorted PDL uoters ---------.--------2O9
SEC. 528. Authoritg to bing a fl.rearm ------------.----.--------------2O9

CHAPTER )(V
FOR"MS, DOCUMENTS AND SI'PPLIES

SEC. 529. Forms, documents and supplies for SBE-C ------- -----------------------2O9

CHAPTER ,rVI
CAMPAIGN

SEC. 530. Campaign - ------2LO

CHAPTER )rVII
PREPARATION AND SAFEKTEPING OF ELECTION RETURNS AND OTHER ELECTION
FORMS AND PARAPHERNALIA

SE c.5 31. Preparation and distibution of eledion returns ------------------2LO

SE c.5 32. Certificate of uotes ---------------2Ll
------
SE C,5 33. Alterations and corrections in the election returns -------- ------2lL
SEC,534 Disposition of ballot boxes, kegs, election retums and. other
doanments --------------------.-------2ll
SEC. 5 Preseruation of the list of uoters -----------------212
SEC. 5 36 Omission of documents to be placed inside the ballot box ------------2L2
SEC. 5 37 Retieual of inaduertentlg placed election documents inside the
ballot box ----- -------------2L2
CHAPTER XVIII
DELTVERY AND TRANSMITTAL OF ELECTION RETURNS

SEC. 538. Manner of deliuery and transmittal of etection returrls ------------------------------------.213

CHAPTER XD(
CAI\TVASS AND PROCLAMATION

sEC.539. Board of canuassers/ Sub-Canuassing Unit ----- 13

sEC.540. &tperuision and control ouer tfe Barangag Board of Canuassers -------------2L4
sEC. 541 . Relationship u-tith candidates and other members
----------- l4
SEC 542 Prohibition against leautng official station ------- -------------214
SEC 543 Feigned illness - ------------214
SEC 544 Notice of meeting of the Barangag Board of Canuassers ------------- ------------2L4
SEC 545 Voterequired-- -------------214
SEC 546 Persons not allouled inside the canuassing room -------------2L4
SEC 547 Canuass by the Barangay Board of Canuassers --------------...-------------------------2L4
SEC 548 Wh.en the election returrls are delaged, lost or destroged 16
SEC 549 Mateial defeds in the election reh)r7.s .--------
--------
--------------216
SEC 550 When election returns appear to be tampered uith or falsifed ---------.------217
SEC. 551 Discrepancies in Election Returns ------------.---- -------------217
SEC. Manifest efior -------- t7
SEC. 553 Quesfrons affecting the election retums; f.nalttg of deciston thereon --------------2LA
SEC. 554 Dlections resulting in a tie ---------- ---------------2lA
SEC. Certlficate of Canuass and Proclamation (COCP) and Proclamation of
Winning Candidates ---------------2LA
SE \-. ) 56 Dstributton of Certificate of Canuass and Proclamation ---------------------------------219
SE c.5 Safekeeping of canvassed election retunls ---------2L9

CHAPTER XX
CONTINGENCY PLAN

SEC. 558. Problems that maV be encountered .-------.--------"2L9

SEC. 559. Contingencg measures ------------- ------------------------22O

CHAPTER XXI
ELECTION RELATED INCIDENTS AND CATASTROPHE

SEC. 560. The follouing shall be obserued in case of election-related violent incidents,
acts of God and other emergencies ------------------- ----------.-.-.-.---.225

CHAPIER XXII
CONTINGENCY PROCEDURES FOR THE AUTOMATED BSI(E

SEC. 561. Authoitg of the Commission to Adopt Cunent and Additional ContingencA
Procedures ----------------226
CHAPTER XXIU
OPERATIOI{AI. PLAN FOR THE COMMAND CENTER

SEC. 562. Establishment of a Command Center -------- -------------------------------226

SEC. 563. Monitoing of Pre - Election Actiuities ----------- .-----------------------226
aE /- 564. Monitoing of Election DaA Actiuities
----------- -------------------------226
SEC, 565. Monitoring of Post - Election Actiuities ------------ ------------227
SEC. 566. Composition ofthe Command Center ------------ -------------227
SEC. 567 . Total Number of Personnel Assigned at the Command Center ----------------------227
SEC. 568. Peiod of Operation ----------- --------------------------22A
SEC. 569. Budgetary Requirement qnd designation of Dtsbursing Offi.cer -----------------------22A
 PART III
POST.ELEC?ION ACTTVITIES

CHAPTER I
CONTRIBUTIONS AND EXPENDITURES

SEC. 570. True name of contributor required 2a

SEC. 57 7. Report of contibutiotts; When ond Where to file ----_229
SEC. 572. Prohibited contibutions ------- ------- -----------'-229
SEC. 573. Soliciting or receiuing contibutions from foreign sources ----------------------229
SEC. 574. Prohibited raising offunds ------ ------------229
SEC. 575. Prohibited donations by candidates ---------------- -------------23O
SEC. 576. Limitation upon expenses ------------- ------------23O
577 . Couerage of Eryenses ------- ----------------------23O
SEC. 578. Persons authorized to incur election expendifi-ffes -------------23O
SEC. 579. Lauful expenditures ------------------ ------------------------23O
SEC. 580. Public Rally; Statement of Expenses ---------- --------------23L
CHAP{TER II
NOTICE TO CANDIDATE

SEC. 581. Dutg of Electton Olficers to send notice to candidates ------------23L

CIIAPTER III
FILING OF SOCE

SEC. 582. Forms and contents of SOCE --- -------------23L

SEC. 583. When and where to file SOCE 31
SEC. 584. Issuance of Certificate of Compliance --------------- ------------23L
SEC. 585. Effect offatlure to jiLe ----------

CIIAPTER tV
ADMINISTRATION OF OATH

SEC. 586. Officers of the Commission u.tho are authorized to administer ooth ---------------------.-232
SEC. 587. Record ReEtirement for Administration of OattLs --------------------------232

CHAPTERV
R"ECEPTION OF SOCE AND SI'BMISSION TO CFO

SEC. 588. Procedure on receiuing SOCE ----".----.-------------------232

SEC.589. Compliance CLreck and production of its Certiftcate -----------------232
SEC. 590. Collatton at the Olfrce of the Prouincial Election Superuisor and
submission to CFO ---------233

ARTICLE Xf,X
PROCEDURE ON THE FILING OF: (11 PETITION TO DEIIr DIIE COURSE TO oR
CANCEL CERTIFICATE OF CANDIDACY; (2f PE"ITION TO DECLARE A NUISANCE
CANDIDATE; AND (31 PETITIO FOR DISQUALIFICATION ----------233
SEC. 59 1. Grounds ---------------------------------233
SEC. 592. When to File Petition ----------- --------------234
SEC. 593. Where to File Petition and Manner of Filing ------ -------------234
SEC. 594. Procedures to be Obserued ----
SEC. 595. Receplion of Euidence ----------- ---...----235
c 36
SEC. 596.
SEC, 597 .
SEC. 598.
SEC. s99.
SEC. 600.
SEC. 60 1.
SEC. 602.
ARTICLE xK
MINIMUM HEAITH AND SAFETY STANDARD AND OTHER TRANSITORY
PROVISION 38

SEC. 603 . COVID- 1 9 Safetg Stand.ard Compliance 38

SEC. 604. Changes in Procedure and Protocols 38
SEC.
SEC.
SEC.
 FOREWORD
General Guidelines for the 2023 Barangay and Sangguniang Krbataan Elections (BSKE)
and All Other Succccding BSKEs Thereafter

The Commission on Elections continues to make great

strides in improving the elections through easier voter registration,
convcnient voting process, and accessible information on election
laws, rules, and regulations for thc benefit of our voters.
]
Pursuant to the powers vested in it, the Commission, l
through the able stewardship of Commissioner Rey E. Bulay and I
Executive Director Teopisto E. Elnas, Jr., has seen fit to put
tt Ya
together and harmonize the usual rules and regulations for the
I
.r
A 7"
conduct of thc Barangay and Sangguniang Kabataan Elcctions
(BSKE), into a codificd Gcneral Guidclines. I
This General Cuidelines is intended to provide an easy reference for those aspiring to run
for Barangay and Sangguniang Kabataan positions, and an accessible guide for our election
officers and most especially our voting public, for an orderly, transparent, and smooth BSKE this
October 2023. and all other succeeding BSKEs.

It is the thrust of your Commission En Banc to institutionalize, through codification, the

past rules and regulations it has promulgated so that our electoral board, and the electorate, can
have a staple document that they may easily refer to during manual elections in the Barangay and
Sangguniang Kabataan, and so also, that the Commission will save on costs of printing and
publication of relatively the same promulgations each time we conduct a BSKE.

Ang palagi ko pong hiling sa ating mga kababayan ay ang inyong patuloy na suporta at
pakikipagtulungan sa Komisyon para mas mapabuti at mas maisaayos ang ating halaldn at mgd
kaakibat na proseso nito.

Nawa, itong Pangkalahatang Alintunin na binuo para sa Halalan ng Barangqv at

Sangguniang Kabataan ay maging gabay para sa mas maayos at malinis na daloy hindi lamang
ng halalan sa darating na Oktubre ng taong ito, ngunit maging ng mga susunod pang taon.

Binabati ko ang lahat ng naging bahagi upang mabuo ang dokumentong ito. At sa ating
mga kababal,an, pagdamutan po ninyo ilong aming hanclog,

Mabuhay po kayo !

GEO ERWIN M. GARCIA

Chairman
 FOREWORD
General Guidelines and other Related Laws for the 2023 Barangay and sangguniang Kabataan
Elections (BSKE) and All Other Succeeding BSKEs Thereafter

As we prepare for the upcoming Barangay and Sangguniang Kabataan

Elections on 30 October 2023, it is my honor to present to you the codified
general instructions that will serve as our guide in conducting a fair,
transparent, and efficient electoral process this year and in succeeding years.
wvll
The Commission on Elections is bound by its constitutional mandate to uphold
the integrity ofour democratic system by ensuring that every Filipino has the
opponunity to exercise their righl to vote ard choose their |eaders. We
recognize that the Barangay and Sangguniang Kabataan Elections play a
crucial role in our country's governance, as these are the grassroots level ofour
local govemment. The barangay, though apolitical, is vested with public
+
\5- rr
interest. Its credibility plays a major role in conducting public service at the
gras$oots level of society. The cornerstone of our democracy. Hence, the importance of electing to omce the
people's choice ofservant leaders.

As we prepare for the 2023 Barangay and Sangguniang Kabataan Elections, Iet us remember the importance ofthe
barangay as the basic unit of society. The aspirations and dreams ofour country are nurtured within these small but
powerful communities. Let us celebrate and treasure the vital role that the barangay plays in shaping our collective
destiny.

A barangay is more than just a subdivision of land or a division of govemment. It's a thriving and active
neighborhood that exemplifies bayanihaq the Filipino value of working together for the common good. Inside its
walls, strangers become neighbors and friends become family

In addition, the barangay is the people's first point of contict with govemment and public services, bringing these
vital resources to their doorsteps. Here, local officials and volunteers fiom the barangay work together to address the
issues facing the local community. The barangay is essential lo the progress and well-being of its citizens, as it is
responsible for a wide range of services including law enforcement, emergency medical care, schools, and social
services.

These codified general instructions aim to provide a comprehensive framework for the conduct ofthe Barangay and
Sangguniang Kabataan Elections. It contains the rules and regulations that must be followed by all candidates,
election officers, and volers to ensure a peaceful, ordedy, and credible electoral process. By consolidating all these
rules and regulations into a single document, we can ensure that everyone involved in the process has a clear
understanding of their roles and responsibilities. Furthermore, the codihcation of the rules promotes consistency in
the implementation of the electoral process. It ensures that every candidate, political pany, and election officer is
held to the same standards and that there is no room for arbitrary interpretation ofthe rules.

We have laken into accrunt the lessons learned from the previous elections, as well as the changing times that we
must adapt to. We have taken careful aJtention on the best practices that must be maintained and listened to the
feedback and concrrns of key ofticers in the Commission to make these instructions as responsive and inclusive as
possible.

As we implement these guidelines, we call on all Filipinos to participate actively and responsibly in the electoral
process. We must all work together to uphold the sanctity of our elections and promote a culture of honesty,
accountability, and good govemance.

May these codified guidelines serve as a beacon of hope and inspiration as we embark on this electoral joumey
Henceforth, the riDle for all Barangay and Sangguniang Kabataan Eleclions to come.

Let us all uphold the spirit of democracy and ensure that the will of the people is heard ar,d respecled.l'ox Populi,
Vox Dei! Let us work together to ensure that the 2023 Barangay and Sangguniang Kabataan Eloctions (BSKE), and
succeeding BSKEs, are conducted with integrity, transparency, and respect for the will ofthe people.

Mabuhay tayong lahat!

Btl Y
Commissione , BSKE 2023
 GLOSSARY OF TERMS

The terms used in thls Instructions and General Guidelines shall have the meanings and definitions
identified In this Glossary of Terms.

a) Accessability shall refer to a

pre-condition for persons with disabilities to live
independently and participate fully and equally in society. Without access to physical
environment, to transpoftation, to information and communication, including
information and communication technologies and systems, and to other facilities and
services open or provided to the public, persons with disabilities would not have equal
opportunities for participation in their respective societies.
b) Accessible Polling Place (APP) shall refer to the venue where the Electoral Board
(EB) conducts election-related proceedings and where Persons with Disability (PWD),
Senior Citizens (SCs) and Indigenous People (IP) voters cast their votes. The APP
shall be located at the ground floor, preferably near the entrance of the building, and
is free of any physical barriers, and provided with necessary services including
assistive devices.
c) Accessories shall refer to parts of a firearm which may enhance or increase the
operational efficiency or accuracy of a firearm but will not constitute any of the major
or minor internal parts thereof such as, but not limited to, laser scope, telescopic
sight, and sound suppressor or silencer.
d) Ammunition shall refer to the material fired, scattered, dropped or detonated from
any weapon, as bombs or rockets, and especially shot, shrapnel, bullets or shells fired
by guns, including the components thereof referring to the means of igniting or
exploding such material, as primers, fuzes, and gunpowder, as defined under R.A.
No. 10591 or the Comprehensive Firearms and Ammunition Regulation Act, as a
complete unfixed/unfiredl unit consisting of a bullet, gunpowder, cartridge case, and
primer or loaded shell for use in any firearm.
e) Antique Firearms shall refer to any: (i) firearm which was manufactured at least
seventy-five (75) years prior to the current date but not including replicas; (ii) firearm
which was certified by the National Museum of the Philippines to be curio or relic of
museum interest; and (iii) other firearms which derive a substantial part of its
monetary value from the fact that it is novel, rare, bizarre or because of its association
with some historical figure, period or event.
0 Appointment shall refer to the selection, by the authority vested with the power, of
an individual who is to exercise the functions of a glven office. When completed,
usually with its confirmation, the appointment results in security of tenure on the
person chosen unless the person is replaceable at pleasure because of the nature of
office held.
s) Assistor shall refer to a person assisting a person with disability or senior citizen,
who in the Election Day Computerized Voters'List (EDCVL) requires assistance or
manifestly needed such assistance on Election Day.
h) Aspirant shall refer to a person who has filed a certificate of candidacy during the
election period but before the start of the campaign period.
i) Authorizataon Form shall refer to the document to be accomplished by a person
with disability, senior citizen, or heavily pregnant voter availing of the Emergency
Accessible Polling Place (EAPP). The filled - out form shall give consent to the EAPP
Support Staff to: a) obtain the ballot from the designated polling place; b) bring such
ballot to the EAPP where it will be accomplished; and c) return the same to the pollinq
place.

I
The adiective "unfir€d" is found in Section 3.2 of the Implementing Rules and Regularions on Controlled Chemicals Pursuanl toSectio'r
4-C kr 4-F o{ I'D No. 1866 as Amended by RA No.9516.

I
i) Beneficiaries shall refer to the qualified compulsory heirs of the deceased person
rendering election service. Qualified compulsory heirs shall refer to persons defined
under the Civil Code of the Philippines and other pertinent laws
k) Blog and collective blog shall refer to websites on which an individual or group of
users, respectively, record news, opinions, and information, in varying degrees of
regularity. A micro-blog refers to a blogging format which allows users to exchange
small elements of content - referred to variously as posts, entries, or status updates
- such as short sentences, individual images, or links to video material uploaded to
the Internet. A vlog refers to a personal website or social media account where a
person regularly posts videos.
l) Candidate shall refer to any person seeking an elective public office, who has filed
his or her certificate of candidary, and who has not died, withdrawn his or her
certificate of candidacy, had his or her certificate of candidacy denied due course or
cancelled, or has been otherwise disqualified before the start of the campaign period
for which he or she filed his certiflcate of candidacy. Provided, that, unlawful acts or
omissions applicable to a candidate shall take effect only upon the start of the
aforesaid campaign period.
m) Clustered Precinct shall refer to the group of established precincts located within
the same barangay and voting center.
n) CEMAC shall refer to the COIv'IELEC Election Monitoring Action Center.
o) Certificate of Compliance shall refer to a certificate issued by the Election Officer
or by the Campaign Finance Office (CFO) to a candidate who submitted Statement of
Contributions and Expenditures (SOCE).
p) Certificate of Firearm Registration (CFR) shall refer to the certificate issued by
the Philippine National Police, particularly its Firearms and Explosives Offtce (FEO), as
proof that the firearm is lawfully registered and duly recorded.
q) COMELEC Control. When the peace and order situation in the area will affect the
conduct of elections, the COMELEC En Banc may place any political division,
subdivision, unit or area affected under its immediate and direct control and
supervision. COMELEC Control includes:
1. Immediate and direct control and supervision over national and local officials and
employees. - The COMELEC shall take immediate and direct control and
supervision over all national and local offtcials and employees required by law to
perform duties and/or to comply with certain prohibitions relative to the conduct of
the elections ln the political division, subdivision, unit or area concerned.
2. Full control and supervision over all national and local law enforcement agencies. -
The COMELEC shall exercise full control and supervision over all national and local
law enforcement agencies as well as military officers and men assigned in the
political division, subdivision, unit or area concerned.
r) Contractors and business firms shall refer to any person, natural or juridical, or
firm, including but not Ilmited to media entities, media outlets, internet and social
media platforms, advertising agencies, public relations firms and other intermediaries,
event organizers, talent endorsers and their managers, digital influencers, and
printing press for the purpose of entering into political advertisement contracts to
whom any electoral expenditure is made in accordance with Section 112 of the
Omnibus Election Code (OEC).
s) Contribution shall refer to any gift, donation, subscription. loan, advance or deposit
of money or anything of value, or a contract, promise or agreement to contribute.
whether or not legally enforceable, made for the purpose of influencing the results of
the elections but shall not include services rendered without compensation by
Individuals volunteering a portion or all of their time in behalf of a candidate. It shall
also include the use of facilities voluntarily donated by other persons, the money value
of which can be assessed based on the rates prevailing in the area.
t) Controlled Chemicals shall refer to chlorates, nitrates, nitric acid, and such other
chemicals categorized under Section 3.1 of the Implementing Rules and Regulations

ll
 on Controlled Chemicals2 that can be used for the manufacture of explosives and
explosive ingredients, where the explosive is capable or is intended to be made
capable of producing destructive effect on contiguous objects or causing injury or
death to any person.
u) Commission shall refer to the Commission on Elections.
v) Compensation shall refer to per diem, honoraria, or allowances granted to the
Members of the Electoral Board (EB). Department of Education and Ministry of Basic,
Hlgher and Technical Education of the Bangsamoro Autonomous Region in Muslim
Mindanao Supervisor Official, and support staff.
w) Deadly Weapon includes bladed instruments, hand grenades or other explosives,
except pyrotechnics: Provided, that a bladed instrument is not covered by the
prohibition when possession of the bladed instrument is necessary to the occupation
of the possessor or when it is used as a tool for legitimate activity, like gaffs used in
laMul cockfighting: Provided, fufther, that a souvenir bladed instrument is not
covered by the prohibition in accordance with the strict guidelines herein set forth.
x) Designation shall refer to the imposition by law of additional duties of an incumbent
official. It is considered only an acting or temporary appointment, which does not
confer security of tenure on the person named.
v) DESO shall refer to the Department of Education and Ministry of Basic, Higher and
Technical Education of the Bangsamoro Autonomous Region in Muslim Mindanao
Supervisor Official designated to manage a voting center.

z) Disabilaty shall refer to the resuits from the interaction between persons with
impairments and attitudinal and environmental barriers that hinder their full and
effective participation in society on an equal basis with others.
aa) Domestic group, organization, committee or association shall refer to any
group of individuals organized under the laws of the Philippines.
bb) Domestic observer or monitor shall refer to any Philippine national, whether or
not a resident of the Philippines, formally observing or monitoring the conduct of the
elections.
cc) Duty Detail Order (DDO) and Special Duty Detail Order (SDDO) for security
guards and protection agents, respectively refer to documents issued to a
person by the juridical entity or employer wherein the details of the disposition of
firearm are spelled out, thus indicating the name of the employee, firearm
information, specific duration and location of posting or assignment, and authorized
bonded firearm custodian for the juridical entity to whom such firearm is turned over
after the lapse of the order.

dd) Election campaign or partisan politica! activity shall refer to an act designed to
promote the election or defeat of a particular candidate or candidates to a public
office, and shall Include any of the following:
1. Forming organizations, associations, clubs, commlttees or other groups of persons for
the purpose of soliciting votes and/or undertaking any campaign for or against a
candidate;
2. Holding political caucuses, conferences, meetlngs, rallies, parades or other similar
assemblies for the purpose of soliciting votes and/or undertaking any campaign or
propaganda for or against a candidate;
3. Making speeches, announcements or commentaries, or holding interviews for or
against the election of any candidate for public office;
4. Publishing, displaying or distributing campaign literature or materials designed to
support or oppose the election of any candidate; or
5. Directly or indirectly soliciting votes, pledges or support for or against any candidate.

2 punsueNt to srcroN 4 (c) To (D or p-D. No.1886, As AMENDED By R.A. No.9516

ilt
 Personal opinions, views, and preferences for candidates, contained in blogs, micro-
blogs, or vlogs shall not be considered as acts of election campaigning or partisan
political activity, unless expressed by government officials in the Executive
Department, the Legislative Department, the ludiciary, the Constitutional
Commissions, and members of the Civil Service, personnel and officers of the Armed
Forces of the Philippines and other para-military units.

ee) Election Day Computerized Voters List for PDL (EDCVL-PDL) - refers to the
final Iist (containing the voters' photographs, signatures, and thumb prints) of PDL
voters assigned in the PDL - Special Polling Place (PDL-SPP). The EDCVL-PDL, duly
cetified by the EB, is where the PDL voters shall affix their signatures or imprint their
thumb marks before casting their votes;
f0 Election survey shall refer to the measurement of opinions and perceptions of the
voters as regards to a candidate's popularity, qualifications, platforms or matters of
public discussion in relation to the election, including voters' preference for candidates
or publicly discussed issues during the campaign period.
ss) Escofted Voting - refers to a voting mechanism for PDL voters who are a) registered
voters of districts, cities or municipalities other than the district, city or municipality of
incarceration; or b) incarcerated in jail facilities or detention centers where no PDL-
SPPs are established for purposes of voting;
hh) Exit polls shall refer to a species of election survey conducted by a qualifled individual
or a group of individuals for the purpose of determlning the probable result of an
election by confidentially asking randomly selected voters for the names of candidates
they have voted for, immediately after they have officially cast their ballots.
ii) Expenditure shall include the payment or delivery of money or anything of value, or
a contract, promise or agreement to make an expenditure. for the purpose of
influencing the results of the election. It shall also include the use of facilities
personally owned by the candidate, the money value of the use of which can be
assessed based on the rates prevailing in the area
ji) Explosive shall refer to an exploding substance or agent, including the components
and raw materials thereof, as defined under petinent laws.
kk) Election OfficerlActing Election Officer (EO/AEO) shall refer to the highest
official of the Commission in a district, cib/ or municipality.
il) Electoral Boards (EB) shall refer to the Board of Election Inspectors (BEI) and
Special Board of Election Inspectors (SBEI) who will conduct the voting and counting
of election results.
mm) Emergency Accessible Polling Place (EAPPS) shall refer to rooms or
makeshift/temporary polling place established at the ground floor of a voting center
or outside of it but in close proximity thereto, where Persons with Disabilities (PWDs),
Senior Citizens (SCs) and heavily pregnant women voters may vote on election day,
specifically:

1 PWD/SC who did not avail of APPs;

2 PWDs who failed to update their registration record;
3 Persons who become disabled/incapacitated temporarily or permanently after
the continuing registration of voters ended; and
4 Heavily pregnant voters.

nn) EAPP Support Staff shall refer to the person appointed to supervise the voting in
thE EAPP.
oo) Election-related risk shall refer to any death or injury sustained by reason of or on
the occasion of the performance of election service or duties.
pp) Firearm refers to any handheld or portable weapon, whether a small arm or light
weapon, that expels or is designed to expel a bullet, shot, slug. missile or any
projectile, which is discharged by means of expansive force of gases from burning

1\'
 gunpowder or other form of combustion or any similar instrument or implement,
wherein the barrel, frame or receiver is considered a firearm.
The term shall include air guns, airsoft guns, antique firearms, and replicas or
imitations of firearms in whatever form that can cause an ordinary person to believe
that they are real, including the parts thereof, as defined herein and/or under
pertinent laws.
qq) Freelancer shall refer to those who do not work full time for a media company but
is hired by different media companies for certain assignments.
rr) Foreign Media shall refer to those who are engaged in news reporting for and on
behalf of a foreign media corporation or entity, regardless of their individual
nationality.
ss) Foreigner or Foreign national shall refer to any person whose nationality is other
than Filipino, whether or not a resident of the Philippines.
tt) Foreign gnoup, organization, committee or association shall refer to any group
of individuals duly organized and existing under national laws other than that of the
Philippines.
uu) Giving of remuneration or privilege shall refer to the giving of bonuses, other
than the mandated 13th month pay and cash gift for government employees,
incentives, Representation and Transportation Allowance (RATA) or other form of
allowances regularly received, on top of their usual benefits and privileges.
w) Heavily Pregnant shall refer to those who are, at least, six (6) months on the family
way.
ww) IATF-MEID shall refer to the Inter-agency Task Force for the Management of
Emerging Infectious Diseases created by vitue of Executive Order No. 168, s. 2014.

rx) Illiterate person refers to one who cannot by himself/herself prepare an application
for registration because of his/her inability to read and write.

)ry) Indigenous Cultural Communities (ICCs) or Indigenous Peoptes (IPs) shall

refer to a group of people or homogenous societies identified by self-ascription and
ascription by others, who have continuously lived as organized community on
communally bounded and defined territory, and who have, under claims of ownership
since time immemorial, occupied, possessed and utilized such territories, sharing
common bonds of language, customs, traditions and other distinctive cultural traits,
or who have, through resistance to political, social and cultural inroads of colonization,
non-indigenous religions and cultures, became historically differentiated from the
majority of Filipinos.
zz) Imitation Firearm3 refers to a replica of a firearm or other device that is so
substantially similar in coloration and overall appearance to an existing firearm as to
lead a reasonable person to believe that such imitation firearm is a real firearm
aaa) Increase of salary shall refer to adjustments in salaries as a result of increase in
pay levels or upgrading of positions which do not involve a change in qualification
requirements and do not require the issuance of a new appointment.

bbb) Isolation Polling Place shall refer to rooms or makeshift tents established in every
voting center where voters evaluated to be suffering from a fever of 37.5 degrees
Celsius or higher, or any of the COVID-19 symptoms, may cast their vote.
ccc) Letter Order (L0) or Mission Order (MO) refers to a wrltten directive or order
issued by the authorized representatives of the Armed Forces of the Philippines (AFP),
Philippine National Police (PNP), and other law enforcement agencies allowing their
respective members occupying regular plantilla positions and performing actual law

t.it \ L,t.,i ! Ir \N r\( 1,, ir\t)n.t( )\1lltr 1 rli :u \'1,\\ 2(rl 1i.
 enforcement functions to carry their government-issued firearms in furtherance of
official duties and functions within and outside thelr areas of responsibility, in lieu of
a Permit to Carry Firearms Outside Residence (PTCFOR).
ddd) License to Own and Possess Firearms (LTOPF) refers to the written authority
granted by the PNP Chiel through Firearms and Explosives Office (FEO), to a qualified
individual for him/her to own and possess a firearm.
eee) Light Weapons are (i) Class-A light weapons which refer to self-loading pistols, rifles
and carbines, submachine guns, assault rifles, and light machine guns not exceeding
caliber 7.62 mm which have fully automatic mode; and (ii) Class-B light weapons
designed for use by two (2) or more persons serving as a crew, or rifles and machine
guns exceeding caliber 7.62 mm such as heavy machine guns, handheld under barrel
and mounted grenade launchers, portable anti-aircraft guns, portable anti-tank guns,
recoilless rifles. portable launchers of anti-tank missile and rocket systems, portable
launchers of anti-aircraft missile system, and mortars of a caliber of less than 100
mm,
fff,) Local Medaa shall refer to those who are engaged in news reporting for and on
behalf of a local media corporation or entity, regardless of their corporate or
investment structure including correspondents of, and freelancers on assignment for/
regional, provincial, city or municipal publications or broadcast entities; except that
local media who operate in the National Capital Region (NCR) shall be considered as
National Media as defined below.
SSS) Long Ce*ificate of Registration (LCR) shall refer to licenses issued to
government agencies or offices, government-owned or -controlled corporations for
firearms to be used by their officials and employees who are qualified to possess
firearms as provided under the Comprehensive Firearms and Ammunition Regulation
Act, excluding security guards.
hhh) Major parts or components of a firearm shall refer to the barrel, slide,
frame, receiver, rylinder or bolt assembly. The term also includes any part or kit
designed and intended for use in converting a semi-automatic burst to a fully
automatic firearm.
iii) Mass Media shall refer to diversified technologies, operating on various platforms,
that have for their primary purpose the transmission of information and
communication to a large audience. These platforms include broadcast, internet and
mobile social media and print.
jjj) Mass Media Entities shall refer to individuals and organizations that exercise control
over mass media and determine, whether directly or indirectly, using these
technologies.
kkk) Minor parts of a firearm shall refer to the parts of the firearm other than the major
parts which are necessary to effect and complete the action of expelling a projectile
by way of combustion, except those classified as accessories.
lll) MBHTE shall refer to Ministry Basic, Higher, and Technical Education of the
of
Bangsamoro Autonomous Region in Muslim Mindanao.
mmm) Media Practitioner shall refer to a person or group of persons actively engage in
the pursuit of information gathering and reporting or distribution, in any manner or
form, including, but not limited to, the following:
1. Bloggers/Vloggers
2. Community Journalists
3. Feature Filml Documentary Makers
4. Feature Film Makers
5. Novelists
6. Online Journalists
7. Photo Journalists
B. Playwrights
9. Print lournalists
10. Professional Photographer

\l
 11. Professional Videographer
12. Public Relations Practitioners
13. Radio Journalist
14. Screenwriters/Creative Writers
15. Television Journalists
16. Television Productions
17. Opinion Writers
18. Social Media Practitioner

nnn) Merged POPs shall refer to the Barangay and SK POPS combined together to form
one (1) POP.
ooo) Minutes shall refer to the Minutes ofthe Final Testing and Sealing, Voting, Counting,
and Transmission of Election Results (C.E. Form No. All).
ppp) National Government Agencies shall refer to the government agencies, other than
the DepEd and MBHTE, which have endorsed to the Commission, the list of their
respective personnel who are qualified, willing, and available to render election-
related service.
qqq) National Government Employee shall refer to any person in the service of the
entire machinery of the central government, its agencies, divisions, subdivisions or
instrumentalities as distinguished from the different forms of local governments,
through which the functions of the government are exercised throughout the
Philippines.
rrr) National Media shall refer to those who are engaged in news reporting for and on
behalf of a local media corporation or entity with online or print publications, or which
engages in radio/television broadcasting, with national circulation or viewership,
including provincial correspondents of, and freelancers on assignment for national
publications or broadcast entities.
sss) -
Non Manifest Disability shall refer to a type of disability which is not apparent
from the physical appearance of a person.
ttt) Original established precinct shall refer to the basic unit of territory established by
the Commission for the purpose of votinga.
uuu) Other Benefits shall refer to death and/or hospitalization benefits granted to persons
rendering election service or to their beneficiaries under Republic Act No. 10756,
including the provision of legal assistance and legal indemnification.
VW) Other Media shall refer to those engaged in other forms of journalism, including,
but not limited to, opinion writers, public relations practitioners, creative writers,
bloggers, feature film and documentary film makers, and the like.
PDL - Special Polling Place (PDL - SPP) - refers to a speclal polling place
established in a jail facility or detention center where PDL voters may cast their votes
on election day;
rco() Permit to Carry Firearm Outside of Residence (PTCFOR) shall refer to the
written authority issued to a licensed citizen by the PNP Chief through the PTCFOR
Secretariat, which entitles such person to carry the registered or lawfully issued
firearm outside of the residence for the duration and purpose specified in the
authority.
vvv) Persons rendering election service shall refer to persons appointed by the
Commission to render election-related service as Chairperson or Members of the
Electoral Boards, DESO, and their respective support staff.
zzz) Person Deprived of Liberty - refers to any person:

i. confined in jail, who has been formally charged for an offense and is
awaiting or undergoing trial; or

4<L.tt,,tl..1lr,ttt,t'.,\('l N()lJlSgiTllll\'()ll.R'SRt,(llsll(.\ll()NA(lTa)1:l'rt)h)

\,1I
 ii. serving a sentence of imprisonment for less than one (1) year; or

iii. whose conviction of a crime involving disloyalty to the duly constituted

government such as rebellion, sedition, violation of the firearms laws
or any crime against national security or of any other crime is on
appeal.

aaaa) Person with Disability (PWD) shall refer to a voter who have long term physical,
mental, intellectual or sensory impairments which in interaction with various barriers
may hinder their full and effective participation in the electoral processes on an equal
basis with others.
bbbb) PJSCC shall refers to the Provincial loint Security Control Center under the Committee
on Ban on Firearms and Security Concerns (CBFSC).
cccc) Political advertisementr" or "election propaganda" shall refer to any matter
broadcasted, published, printed, displayed or exhibited, in any medium, which
contains the name. image, logo, brand, insignia, color motit initials, and other symbol
or graphic representation that is capable of being associated with a candidate, and is
exclusively intended to draw the attention of the public or a segment thereof to
promote or oppose, directly or indirectly, the election of the said candidate or
candidates to a public office.
In broadcast media, political advertisements may take the form of spots, appearances
on television shows and radio programs, live or taped announcements, teasers, and
other forms of advertising messages or announcements used by commercial
advertisers.

Political advertising includes endorsements, statements, declarations, or information

graphics, appearing on any internet website, social network, blogging site, and micro-
- -
blogging site, which when taken as a whole has for its principal object the
endorsement of a candidate only, or which were posted in return for consideration or
are otherwise capable of pecuniary estimation.
dddd) Polling Place shall refer to the place where the Electoral Board conducts its
proceeding and where the voters cast their votes.
eeee) Posted Computerized Voters'List (PCVI) shall refer to the computerized list of
voters posted outside each polling place.

ffffl Posted Computerized Voter's List for PDL (PCVL-PDL) -refers to the
computerized votert list posted inside the jail facility or detention center where an
SPP is established but not within the area where the PDL-SPP is located;

gggg) PPCRV shall refer to the Parish Pastoral Council for Responsible Voting

hhhh) Precinct shall refer to the basic unit of territory established by the Commission for
the purpose of voting.

iiii) Private Security Service Provider (PSSP) refers to a Private Security Agency
(PSA), Private Detective Agency (PDA), Company Security Unlt (CSU), or Government
Guard Unit (GGU).
jjjj) Project of Precinct (POP) shall refer to a public document prepared by the
EO/AEO. which contains the total number of barangays, established precincts,
clustered precincts, voters and voting centers of a district, city or municipality.

kkkk) Promotion shall refer to the advancement of an employee from one position to
another with an increase in duties and responsibilities as authorized by law, and
usually accompanied by an increase in salary. Promotion may be from one depatment
or agency to another or from one organizational unit to another in the same agency.

\jlll
llll) Provincial Election Supervisor (PES) shall refer to the highest official of the
Commission in a province.

mmmm) Public School Teacher shall refer to all persons engaged in classroom teaching,
in any level of instruction, on full-time basis, including guidance counselors, school
librarians, industrial arts or vocational instructors, and all other persons performing
supervisory and/or administrative functions in all schools, colleges and universities
operated by the government or its political subdivisions; but shall not include school
nurses, school physicians, school dentists, and other school employees.

nnnn) Reasonable acrommodation shall refer to necessary and appropriate

modifications and adjustments not imposing a disproportionate or undue burden,
where needed in a particular case, to ensure that PWDS and SCs enjoy the exercise
of their human rights and fundamental freedom on an equal basis with others.

oooo) Reassignment shall refer to the movement of an employee from one organizational
unit to another in the same department or agency which does not involve a reduction
in rank, status or salary and does not require the issuance of an appointment.

pppp) Regional Election Director (RED) shall refer to the highest official of the
Commission in a region.

qqqq) Registered Voter shall refer to a voter whose name is included in the Election Day
Computerized Voters' List (EDCVL) and Posted Computerized Voters' List (PCVL).

rrrr) RJSCC refers to the Regional Joint Security Control Center under the CBFSC.

ssss) Residence or Place of business refers to the residence of the registered owner of
the firearm/s, which shall be the location were the firearm/s shall be kept and as
indicated in the firearm registration card

tttt) Satellite -EAPP (S-EAPP) shall refer to an EAPP temporarily established in a

building used as a home or residence of PWDs and/or SCs, including rehabilitation
centers and sheltered workshops were said PWDs and/or SCs are living or outside
thereof but in close proximity thereto, whether administered by the government or a
private institution.

uuuu) S-EAPP Support Staff (S-EAPP SS) shall refer to the person appointed to
supervise the voting in the S-EAPP.

vwv) SEB-PDL Support Staff (SEB PDt SS) - refers to a person appointed to assist
-
the SEB-PDL Members in the performance of their duties;

wwww) Security Escort - refers to uniformed personnel of the Philippine National Police
(PNP), Bureau of Jail Management (BJMP) or Bureau of Corrections (BuCor), who are
deputized to escort the SEB-PDL SS on election day.

xxxx) Senior Citizen shall refer to a qualified voter who is sixfy (60) years or older.

vvvv) Separate POPs shall refer to the Barangay POP and SK POP. Barangay POP is
composed of voters who are 18 years old and above while SK POP is composed of
voters who are 15 to 30 years olds.

zzzz) Smal! Arms shall refer to firearms intended to be primarily designed for individual
use or that which is generally considered to mean a weapon intended to be fired from
the hand or shoulder, which are not capable of fully automatic bursts of discharge,
such as:

5i rArrtln rr, src-rr('rN RErtjLlr.r(: ACT No. r07.12

"],

IX
 1. Handgun is a firearm intended to be fired from the hand, which includes:

a. Pistol is a hand-operated firearm having a chamber integral or permanently

aligned with the bore which may be self-loading; and
b. Revolver is a hand-operated firearm with a revolving rylinder containing
chambers for individual cartridges.

2. Rifle is a shoulder flrearm or designed to be fired from the shoulder that can
discharge a bullet through a rifled barrel by different actions of loading, which may
be classified as lever, bolt, or self-loading; and

3. Shotgun is a firearm designed, made, and intended to fire a number of ball shots
or a single projectile through a smooth bore by the action or energy from burning
gunpowder.

aaaaa) Special Electoral Board for PDL (SEB-PDL) - refers to the body which conducts
and supervises the voting in the PDL-SPP,
bbbbb)Spin - off or daughter shall refer to an established precinct shall refer to established
precinct created to accommodate additional voters residing within the territorial
jurisdiction of the original or mother established precincts6.
ccccc) Statement of Contributions and Expenditures (SOCE) shall refer to such
documents and its attachments, containing campaign finance disclosure statements
on electoral contributions and expenditures required to be submitted in the form
provided by these Rules
ddddd)Support Staff shall refer to persons appointed to assist the Members of the Electoral
Boards and the DESO in the performance of their duties.

eeeee) Suspension is the temporary forced removal from the exercise of the office. It shall
include both suspension as a penalty and preventive suspension.
fffi) Temporary Authority-Security Detail (TA-SD) shall refers to the temporary
certificate of authority to employ, avail or engage the services of security personnel
or bodyguards issued by the Regional Joint Security Control Center (RJSCC) to
qualified public officials and private individuals. it is valid for a non-extendible period
of thirty (30) days only.
ggggg)Transfer shall refer to as a movement from one position to another which is of
equivalent rank, level or salary without break in service involving the issuance of an
appointment. The transfer may be from one department or agency to another or from
one organizational unit to another in the same department or agency. This shall also
include movement consequent to
an order for the return/recall theof
detailed/assigned/reassigned personnel the original or
to previous place of
assignment within the period of prohibition.
hhhhh)VAD shall refer to Voters' Assistance Desk.
iiiii) Visiting Foreign Media shall refer to foreign media who are not based or who does
not have a bureau/offtce in the Philippines and will only come to the Philippines for
the purpose of covering elections.
jjjjj) Voting Center shall refer to the building or place where the polling place is located.

sf(.TI()N 5 ltf|. A(-t N( ) 8139

x
 GENERAL GUIDELINES AND OTHER RELATED RULES
AND REGULATTONS FOR THE OCTOBER 30,2023
BARANGAY AND SANGGUNIANG KABATAAN
ELECTIONS (BSKE) AND ALL SUCCEEDING BSKEs
THEREAFTER

Pursuant to the powers vested in it by the Constitution of the Republic of the

Philippines, BP Blg. 881 (Omnibus Election Code), Republic Acts No. 81891, 9164'?, 93403,
106324, 107425, 109526, 107561, 119358 and other election laws, the Commlssion on
Elections (Commisslon) hereby promulgates this General Guidelines and other related laws
for the October 30, 2023 and succeeding Barangay and Sangguniang Kabataan Elections
(BSKE) thereafter.

Afticle I
GENERAL PROVISIONS

SEC 1. Nature of the Barangay and Sangguniang Kabataan (5K)

Elections. - The Barangay and SK Elections (BSKE) shall be non-partisan and conducted
in an expeditious and inexpensive manner.

SEC.2. Superuision and control of the Barangay and SK Elections. -The

Commission shall have supervision and control over the conduct of the Barangay and
Sangguniang Kabataan Elections (BSKE).

PART I
PRE- E LECTION ACTIVITI ES
AfticIe II
REGISTRATION

SEC.3. Declaration of policy. - It is the policy of the Commission to:

1. Establish a clean, complete, permanent and updated list of voters through the
mandatory taking of biometrics, which include photograph, fingerprints and
signature, in the registration process; and

'"THE VOTERS RECISTRATION ACT OF 19 ,"

, "AN ACI PROVIDINC FORSYNCHRONIZED BARANGAY AND SANCCUNIANG KABATAAN ELECIIONS, AMENDINC
I{EPUBLIC ACI NO, 7160, AS AMENDED OTHERWISE KNOWN AS THE "TOCAL COVERNMENT CODE O[ 1991", AND
F(lR OTHIiR PU RPCISF-S."
r "AN ACT AMENDING REPUBLIC ACI NO, 9164, RESETTINC THE BARANGAY AND SANCGUN]ANG KABA'I AAN
ELECTION' AND FOR OT}IER PURPOSES."
{ "AN ACT TO POSTIJONE THESANGGUNIANG KABATAAN ELECTIONSON OCTOBER 2& 2013, AMENDING IOII THE
PURPOSE REPUBLIC ACT NO. 9340 AND FOR OTHER PURPOsEs."
J (]THERWSE KNOWN AS, 'AN ACT ESTABLTSHING REFORMS IN THE SANCGUNIANC KABATAAN CREATINC
ENABLINC MECHANISMS FOR MEANINCFUL YOU'TH PARTICIPATION IN NATION.AUILDINC, AND IC)R OTIIER
PURI{6ES."
d,AN ACI POSTPONINC THE OCTOBER 2017 BARANCAY ANDSANCCUNIANG KABATAAN ELECIIONS, AMENDING
FOR T}IE PURPOSE REPUBLIC ACT NO.9164, AS AMENDED BY REPUBLIC ACI NO,9340, REPUBLIC ACT NO, 10631
REPUBLIC ACT NO, 10651', AND REPUBLIC ACT NO, 1093, AND FOR OTHER PURPOGES"
7 OTIIERWISE KNOWN AS, "AN ACT RENDERING ELECIION SERVICE NON{OMPULSORY FOR IJUBLIC SC}I@L
TEACHERS, AUTHORIZING THE APPOINTMENT OF OTHER QUALIFIEDCITIZENS, PROVIDING COMPENSATION ANt)
OTHER BENEFITS"
3 AN ACI POsTPONINC THE DECEMBER2022 BARANCAY AND SANCCUNIANG KAEATAAN ELEC-TIONS,

AMENDINC FOR T}IE PURPOSE REPUBLIC ACI NO, 9164, AS AMENDED APPROPRIATING FUNDS THEREFO& ANL)
FOR OTHER PURPOsES,

Page ! of 239
 2. Enhance voters' registration experience, promote gender equality, and provide a
gender sensitive, convenient, credible and well managed registration
system/process which is inclusive, participatory and non-discriminatory.

SEC. 4, Gender Sensitive Rqistration Sysbm/prcess- The Election

officers (Eos) shall ensure full access to registration processes of women who care for
small children and encourage the local government units through the local Gender and
Development Focal Point system (GFps) office, to open their Day care centers during
registration days, at no cost to the Commission,

In the encoding of demographics and taking of biometrics data, cultural practices

and ethnic traditions in certain areas must be respected and taken into consideration.
especially involving women registrants.

CHAPTER I
FILING OF APPLICATION

SEC.5. Schdule and onduct of tqistration of vohts - Applications for:

1. Registration, transfer of registration records within the philippines,

change/corrections of entries in the registration records, reactivation of
registration records, inclusion of registration records and relnstatement of
name in the list of voters, and transfer of registration records from foreign
post to local; and,

2. Updating of records of Persons with Disabilities (PWDs), Senior Citizens (SC)

and members of Indigenous Peoples' (IPs) or
Indigenous Cultural
Communities (ICCs) and other members of vulnerable sectors

shall be personally filed at the Office of the Election Officer (OEO) of the city/m unicipality
where the applicant resides, from B:00 AM to 5:00 PM from Mondays to Saturdays
including Holidays. exceptwhen declared otheruise by the Commission.

The period for the conduct of the system of continuing registration of voters shall
be fixed by the Commission E Banq through the Chairperson, provided, that no
registration shall be conducted starting one hundred twenty (120) days prior to the date
before a regular electlon and ninety (90) days before a special election.

Onllne filing of application for reactivatlon; reactivation with transfer of registration

within or with correction of entries; reactivation with transfer within and correction of
entries; and reactlvation with updating of records of SC's and PWDt pursuant to
Resolution No. 10715 shall be continuously received by the OEO, through its official email
address, until the deadline set by the Commission for the purpose.

When necessary, the Commission may adopt a modified registration work week
schedule, adjust or suspend the registration period.

The EO, subject to the approval of the Provincial Election Supervisor (PES) and
confirmation of the Regional Election Director (RED), may transfer the venue of
registration to a more spacious venue, without cost to the Commission, to accommodate
a significant number of applicants and to ensure compliance with standard health and
safety protocols. The RED shall notify the Election and Barangay Affairs Department
(EBAD) of the said transfer of registration venue within two (2) days from confirmation of
the same. For NCR, Davao City, and Zamboanga City, the RED shall approve such transfer
of registration venue, subject to the confirmation of the Executive Director (ED). Upon
confirmation. the RED shall notify EBAD in writing of the same. Notice of transfer of
registration venue shall be posted at the bulletin boards of the OEO and city/municipal

Page 2 of 239
 SEC.6, Period of Filing Posting, Hearing and Approval/Disapproval of
applications, - All applications for registration shall be heard and processed on a
quarterly basis. For this purpose, the Election Registration Board (ERB) shall meet and
convene on the third Monday of April, July, October, and January of every calendar year,
or on the next following working day if the designated days fall on a non-working holiday,
except in an election year to conform with the one hundred twenty (120) days prohibitive
period before election day, ,r/ess otherwise declared by the Commission.

The last day to post notice of hearing with list of applicants, last day to file
opposition to applications, and specific date for the ERB hearing shall be indicated in the
Minute Resolution or Memorandum to be issued by the Commission En Banc, through the
Chairman. If the last day falls on a holiday or a non-working day, the same shall be done
on the next working day.

SEC, 7. Last Day Registration Scenario - During the last of day of registration.
the following procedures shall be observed:

a. If at 3:00 p.m., there are still persons waiting in line to file their
applications for registration within a thirty-meter (30m) radius from
the OEO, the Election Assistant (EA) shall, without delay, list down
their names consecutively numbered;

b, These applicants shall be called by announcing each name

repeatedly three (3) times in the order In which they were listed.
Any applicant who is not present when his/her name is called shall
no longer be allowed to file his/her application for
reg istration/transfer/reactivation ;

C If the applicant is present when his/her name is called his/her

application shall be processed and his/her biometrics data captured.
The same shall continue, until all those listed shall have been
processed. This procedure, shall be followed whether the EO has
issued queuing numbers or any other similar systems; and

d. Any application filed where the applicanfs biometrics data has not
been captured as provided herein, shall be considered deemed not
filed and should not be submitted to the ERB for hearing.

SEC. 8. Exptess Lane for PWD', SCs and Pregnant APplicants. -The EO
shall adopt a systematic procedure to speed up the registration process to minimize
queuing and avoid inconvenience in the processing of applications.

During the registration, the EO shall provide an express lane for the exclusive use
of the PWDs, SCs and Pregnant Applicants.

SEC.9, Satellite Registration, - To ensure wider voter participation, the OEO

shall conduct satellite registration of voters in each barangay within the city/municipality
subject to the approval of the PES, or the RED, in case of NCR, Davao City, and
Zamboanga City, in the following venues:

1. Barangay hall/center;
2. Public and private schools and universities;
3. Mall and commercial establishmen! and
4. Other public and convenient places.
For this purpose, the OEO shall have the authority to facilitate and coordinate with
the concerned barangay officials, university and school heads, establishment or mall
owners/administrators, citizens arms and other election stakeholders for the

Page 3 of 239
establishment of satellite registration of voters or the transfer of registration to a bigger
venue to accommodate the influx of registrants.

In addition to the mandatory establishment of satellite registratlon, any interested

party may request for the conduct of satellite registration, subject to the approval of the
officials named herein. Accordingly, EOs shall assess, evaluate and recommend action on
the said request subject to the following conditions:

a. The number of prospective applicants in the proposed venue shall not

be less than Two Hundred (200);

b. Public or private buildings where satellite registration will be conducted

shall not be owned, leased or occupied as residence by any incumbent
city/municipal/barangay officials or of any person who is related to any
city/municipal/barangay officials within the fourth civil degree of
consanguinity or affinity, or leader of any political party, nor in any
building or surrounding premises under the actual control of a political
party or religious organization;

c. Written notices of the schedule and venue of satellite registration shall

in
be posted the bulletin boards of
the OEO and the
city/municipal/barangay halls;

d. Arrange with the local government unit through the DILG or with the
requesting party for the transportation of Voter Registration Machines
(VRMs), forms and supplies, and COMELEC personnel;

e Ensure that the database is backed-up before conducting the satellite

registration; and

f. There shall be no extra/additional cost to the Commission in the

conduct of satellite registration.

SEC. 10. Speial Satellite Registration - There shall be exclusive special

satellite registration for:

1. Youth (Katipunan ng Kabataan);

2. Senior Citizens (SCs) or illiterate person;
3. Women;
4. Persons Deprived of Liberty (PDL);
5. Persons with Disability (PWDs); and
6. Members of Indigenous Peoples'(IPs), Indigenous Cultural Communities
(ICCs) and other vulnerable sectors.

The EOs shall showcase the events of special satellite registration and conduct
extensive and massive campaign to ensure wider voters' participation.

a. Upon approval of the PES, or the RED in case of NCR, Davao City, and
Zamboanga City, of the special satellite registration for SCs, PWDs, Women,
IPs/ICCs, and other vulnerable sectors, the EO shall coordinate with the
concerned non-government organization/network empowering said sectors
such as Organizations of Persons with Disabilities [OPDs], Persons with
Dlsabllities Affairs Office [PDAO], Senior Citizens Affairs Offices, Organizations
of Senior Citizens, Women, and Indigenous People Sector, or with the
Indigenous Peoples Mandatory Representative [IPMR]) existing in their locality
for the said activity.

b. For PDL, the special satellite registration in detention centers/jails shall be

conducted in accordance with the following guidelines:

Page 4 of 239
 Number of Qualified
Number of Days
Applicants

I to 249 1

250 to 499 2

500 to 749 J

750 to 999 4

1,000 and above 5

For cities wlth two or more districts and the detention/jail/correctional

facility is located in one (1) of the districts, all EOs in the said city may conduct
satellite registration in the facility for PDL who are residents under their
jurisdiction, subject to the conditions above-cited.

PDL who shall be elghteen years of age on election day and/or are
committed inside the detention centers for at least six (6) months immediately
preceding the election day may register as a voter.

For those who are already registered voters, they may apply for transfer of
registration records as warranted by the circumstances.
In the conduct of the PDL satellite registration, the EO shall:

1. Before the scheduled PDL satellate registration:

a Coordinate with the Jail Warden in the Provincial/City/Municipal Jail or

other Correctional/Rehabilitation/Detention Centers to determine the
approximate number of qualified PDL applicants and ensure maximum
security of COMELEC personnel the VRMs and its peripherals;

b. Conduct ocular inspection on the proposed registration site within the

premises of the Provincial/City/M unicipal Jail or other
Correctional/Rehabilitation/Detention Centers, taking into consideration
the number of COMELEC personnel and the VRM to be installed; and,

c Post written notice of the schedule of the satellite registration in the

detention premises where said registration shall be conducted and in the
bulletin board of the OEO.

2. During the satellate registration:

a Adopt a system of processing the application to minimize queuing and

speed up the registration process.
Procedures in the reception of application and capturing of biometrics
enumerated in these guidelines shall apply;

b. In case the satellite registration is more than one (1) day, the EO concerned
shall not leave the VRM and its peripherals in the reglstration site/jail
premises; and,

c Subiect to existing BJMP / BuCor, Provincial Jails policies, rules and

regulations, watchers/representatives from political parties, citizens' arms
and other civil societies shall be allowed to witness/ observe the
proceedings.

Page 5 of 239
 In Sections 9 and 10 of this Article, the EO shall submit to the EBAD, through the
Offices of the Provincial Election Supervisor (OPESs) and Offices of the Regional Election
Director (OREDs), a monthly repoft on the approved satellite and/or special satellite
registrations indicating the city/municipality, date of registration, venue, and number of
applicants per application type, not later than the 5th day of the succeeding month. In
case of special satellite registration, the report shall indicate the different vulnerable
sectors covered by such special satellite registration.

Notice ofschedule and venue of satellite registration shall be posted at the bulletin
boards of the OEO and city/municipal hall, copy furnished the local representatives of
citizens' arms and reglstered political parties.

The Vulnerable Sectors Office (VSO) of the Commission shall coordinate with the
stakeholders for PWDS, SCs and IPs for the conduct of synchronized special registration
day.

SEC. 11. Submission of report on ,egistration output - The OEOs shall

submit to the EBAD, through their respective OPES and the ORED, a report on the
registration output covering all types of applications received and processed during the
day. If the registration is for a longer period, the report may be submitted on a monthly
basis. If the period of registration is shorter, the submission of report may be done on a
weekly or daily basis, or as may be required by the Commission, through the EBAD. The
said daily report shall be submitted to EBAD not later than 8!O0 a.m. of the next day
using a standard format to be provided by the said Department for purposes of
comprehensiveness and uniformity.

SEC. 12. Procedure in case of defective VRM and/or its peripherals,- In

case the VRM and/or its peripherals become defective during the registration period,
application for reqistration, transfer of reqistration records, chanqe/correction of entries

records/reinstatement of name in the list of voters , and transfer from foreiqn Dost to local
shall be received but shall not be orocessed

The EO through the PES, upon certlfication by the Computer Maintenance

Technologist(CMT), shall inform immediately the Information Technology Department
(ITD) and EBAD that the VRM and/or its peripherals are defective. Pending the repair of
the VRM and/or iG peripheral, the ITD shall issue a replacement.

Once the VRM and/or its peripherals are functional/replaced, the EO shall
immediately notify in writing the concerned applicants for the taking/capturing of their
biometrics data. If the applicant fails to return despite notice in writino, his/her
aoolication shall be considered incomolete and deemed not filed and shall not
be submitted to the Board for ERB hearino. The list of applicants who failed to
return for biometrics data capturing shall beposted five (5) days after the ERB hearing in
the bulletin boards of the OEO and city/municipa lity hall.

SEC. 13, Who may register. - Any Filipino citizen who is not yet a registered
voter may apply for registration provided he/she possesses the following qualifications:

A. For Earangay and Sangguniang Kabataan Elections:

A, 1. Barangay Eiections:

1. At least eighteen (18) years of age on or before the day of the Barangay
Elections;
2. A resident of the Philippines for at least one (1) year, and in the place
wherein he/ she proposes to vote, for at least six (6) months immediately
preceding the Barangay Elections; and,
3. Not otherwise disqualified by law.

Page 6 of 239
 A. 2. Sangguniang Kabataan Elections:

1. At least fifteen (15) but not more than thirty (30) years of age on the day
of the SK Elections and residing in the barangay for at least six (6) months
immediately preceding the SK Elections;
2. Not otherwise disqualified by law.

First time registrants who will register during the resumption of the system
of registration of voters and who are eighteen (18) but not more than thirty (30)
years old, shall be automatically included in the list of voters for the Katipunan ng
Kabataan (KK).

SEC. 14. Who are disqualified to register. - The following are disqualified to
register as a voter:

a. Any person who has been sentenced by final judgment to suffer

imprisonment for not less than one (1) year, such disability not
having been removed by plenary pardon or amnesty;

b. Any person who has been adjudged by final judgment by a

competent court or tribunal of having committed any crime involving
disloyalty to the duly-constituted government, such as, rebellion,
sedition, violation of the firearms laws, or any crime against national
security unless restored to his/her full civil and political rights in
accordance with law; and

c Insane or incompetent person as declared by competent authority

unless subsequently declared by proper authority that such person
is no longer insane or incompetent.

Any person disqualified to register under paragraphs (a) and (b) above shall
automatically reacquire the right to vote upon expiration of five (5) years after service of
sentence.

SEC. 15. Forms. - The following forms shall be available at the OEO, FREE OF
CHARGE:

a. Annex "A" - Revised CEF-1-A - Application form;

b. Annex "8" - Supplementary Data Form;
c. Annex "C" - Certification for Registration of Applicant whose name
is not found in the Local Voter's Registration Database (LVRD), Printed Lists of
Voters (PLVs), Printed Lists of Deactivated Voters (PLDVs);
d. Annex "D" - Affidavit under Oath of the Voter's Identification; and
e. Annex "E" - Application for transfer from Post to local (OVF 1 - B).

These application forms may also be downloaded from the COMELEC Website,
www,comelec.aov.oh, to be printed in a long bond paper (preferably substance 20/7O
gsm), afler which the applicant shall manually fill-out the same in three (3) copies.

For overseas voters applying for transfer of registration record from abroad to the
Philippines, one (1) copy of OVF 1-B shall be accomplished.

The applicant may also access the Online Application Form (OAF) from the
CON4ELEC Website, electronically fill-out the appropriate form. Such form shall be printed
in a long bond paper (preferably substance 20/70 gsm), in three (3) copies for submission
to the EO.

Page 7 of 239
 SEC. 16. - Procedure for filing of applications for registration -fhe
applicant shall:

A. Personally appear before the EO, state his/her name and exact address, specirying
the house number, name of the streel area, district, purok or sitio, and barangay
where he/she resides, or a brief description of his/her residence, email address, if
any, and present any of the following identification documents that bear applicant's
photograph and signature:

1 National ID under the Philippine Identification System (Philsys);

2 Employee's identification card (ID), with the signature of the employer or
authorized representative;
3. Postal ID;
4. National PWD ID Card;
5. Student's ID or library card, signed by the school authority;
6. Senior Citizent ID;
7. Driver's license;
a NBI clearance;
9. Passport;
10. SSS/GSIS ID;
11. Integrated Bar of the Philippine (IBP) ID;
t2. License issued by the Professional Regulatory Commission (PRC);
13. Certificate of Confirmation issued by the National Commission on
Indigenous Peoples (NCIP) in case of members of ICCs or IPs;
14. Barangay ldentification/Certification with photo and signature of the voter
and the Barangay Chairman or his/her duly authorized signatory and
15 Any other valid ID.

In the absence of any of the above-mentioned identification documents, the

applicant may be identified under oathby any registered voter of the precinct where
he/she intends to be registered, or by any of his/her relatives within the fourth civil
degree of consanguinity or affinity. No reoistered voter or relative shall be allowed
to identifv more than three (3) apolicants.

Community Tax Certificates (cedula) and PNP clearance shall not be

honored as valld identification documents for purposes of registration.

If
the applicant fails to establish his/her identity by any of the
aforementioned methods/documents, he/she shall not be issued an application
form, nor shall his/her pre-accomplished application form be accepted.

B. Conduct brief interview or searching inquiries to the applicant/s as to the following

information:

1. Name, age, address, period of residence;

2. Previous registration, if any; and
3. Voting in previous elections, what year and where.
C Upon establishing the identity of the applicant, the EO shall veriry the name of
the applicant from the LVRD, in the PLVs, PLDVS, or in the National Registry of
Overseas Voters (NROV) in case the applicant is a registered overseas voter.

If found in the form shall be issued or the pre-

LVRD/PLVS, no application
accomplished application form shall not be accepted and the applicant shall be
advised that he/she is already a registered voter in the said
city/district/municipality.

If the applicant intends to transfer his/her registration records to another

barangay within the city/district/municipality, the applicant shall be issued

Page 8 of 239
 application form or his/her pre-accomplished form shall be accepted and the EO
shall ensure that the applicant shall check the correct text box (appllcation for
transfer of registration records within the same city/districflnunicipality) in the
accomplished application form.

In case the applicant is found to have deactivated registration records in

the LVRD/ PLDVS, he/she shall be advised to apply for reactivation of registration
records.

Ifthe applicant's record is found in the NROV, the applicant shall be required
to fill-out OVF 1-B in addition to the Revised CEF 1-a and the EO shall ensure that
the applicant check the correct text box (application for transfer from another
city/d istrict/m unici pal ity).

D If the name of the applicant is not found in the LVRD/PLVs/PLDVs/NROV, the EO

shall perform the following:

1. Determine the applicant's type of application;

2. lf for registration, determine from the applicant if he/she is already a

registered voter in another city/district/municipality;

3. If registered in another city/district/municipality, advice the applicant to

apply for transfer of registration records in accordance with Section 21 of
these guidelines;

4. If not registered in another city/district/municipality,the applicant shall be

issued an application form or his/her pre-accomplished application form
shall be accepted and the EO shall ensure that the applicant check the
approprfate telt box (type of application) in the accomplished application
form,

In all cases, the EO shall make public announcement of the legal

consequences and effects in cases of voters found to have double/multiple
registration records.

5. Using a baranaav prccind mao. verifr/ whether or not the address given
by the applicant is located within the city/municipality. If the applicant is
not a resident the EO shall advise the applicant to proceed to the OEO of
the city/municipality where he/she resides.

6. If the address given is within the city/municipality, the EO shall:

a. Inform the applicant of the qualifications and

disqualifications prescribed by law for a voter;

b. Determine the precinct where the applicant belongs by

referring to th,e barangay precinct map. The applicant shall
be assigned temporarily to the mother precinct comprising
his/her residence;

c Indicate the temporary precinct assignment ofthe

applicant at the upper right-hand portion of the application
form;

d. The precinct assignment shall be finalized after the

approval of the application. Daughter precinct(s) shall be
created to accommodate approved applications in excess
of the 200-voter per precinct limlt; and

Page 9 of 239
 e. In case of boundary dispute, the EO shall maintain the
status quo.

7. Issue the prescribed application form to the applicant in three (3) copies,
unless the applicant has brought his/her printed and duly accomplished
application form downloaded from the COMELEC Website.

8. Upon receipt of the application form, the applicant shall personally

accomplish the same separately in his/her own handwriting and submit the
accomplished application form to the EO. TITTES SUCH AS DATU/
SULTAN, HADJI, BAI AND OTHER TITLES SHALT NOT 8E ALLOWED
TO BE INCLUDED AS PART OF THE NAME OF THE APPLICANT

For an illegitimate person whose certificate of live birth does not

include a middle name, the character "_" (underscore) shall be used for
the middle name during the encoding of the data of the applicant.

In case the applicant does not know his/her birth date with
certainty, and the EO can reasonably ascertain that the applicant is of
voting age through his/her physical features, and other relevant indicators
such as year in college and number of children, the EO shall ask the
applicant to supply a date of birth to the best of his/her knowledge. The
EO shall then write the words "Section 16 (D) (8) case" on top of the date
of birth or anylvhere on the form. In addition, the EO shall record in his/her
logbook the list of names of applicants who supplied their date of birth, in
accordance with this provision.

However, if the EO cannot ascertain the aoolicant's aoe and the aDDlicant
dnec nnt sr rnnlv his/hc I h rih d hi her a lica tinn fnrm <hall hc
deemed incomplete and shall not be acceoted.

9. Once the application form has been accomplished, the applicant shall
return the same to the EO.

If the aoolicant has a dulv accomDlish ed aoolication form, it shall be siqned

an In case the applicant has
already affixed his/her signature and imprinted his/her thumbmark in the
accomplished application form, the aDolicant shall confirm th e sa m ebv
affixino his/her siqnature and thumbmark at the back oortion of the
apolication form in the presence of the EO

10. After ensuring that the application form has been filled-out correctly,
completely and legibly, the EO shall write down the Application Form
Number, return the form to the applicant and direct him/her to the VRM
Operator.

The Application Form Number shall consist of four parts, as follows:

First Part Two (2) digit province code

Second Part Two (2) digit
district/city/municipal code
Third Part Two (2) digit VRM Number
which is 30 (default)
Fourth Part Seven (7) digit control code
which shall start with the
number following the last
application form number
assigned during the

Page 10 of 239
 lmmediately preceding
registration period.

11. The VRM Operator, using the Voter Registratlon System (VRS) shall:

c. Select Applicants Registry -> Register Applicants,

d. Type the Applicatlon Number and press Enter button;
e. Select Registration in the Registration Type drop-down menu;
f. Encode demographics information and capture the biometrics
data of the applicant;
g. Show the encoded demographics to the applicant and confirm
from him/her if all the details therein are complete and accurate;
and
h. Save the record.

Thereafter, the VRM Operator shall affix his/her initial below

the space provided for the EO's name and direct the applicant
to submit his/her application to the EO.

12. Upon receipt of the application, the EO shall:

a Administer the oath;

If applicant refuses to take the oath the application

shall not be acceoted and deemed notfiled,

b. Affix his/her signature in the appropriate space ofthe form;

c. Retain the three (3) copies; and,

d. Cut the bottom portion of one copy of the application form,

indicate the date of ERB hearing and give it to the applicant
to serve as Acknowledgment Receipt and proof of filing.

Nothing from these guidelines or other existing laws shall prevent the
Commission En Banc to issue separate guidelines, adopting a different manner of
registration and transfer of registration records, as it may deem proper, such as
the conduct of the Register Anywhere Project or other analogous mode of
registration.

SEC, 17, Procedures for reception of Appliants. -The EO shall observe the
pertinent provisions and procedures, as follows:

"SEC. 3. Reception and verification of applications

in the Regular Database and National Lists of SK
Voters- During the reception of the applications of registrants
turning 18 years old on election day, the OEO shall perform the
following procedures:

3,7 Conduct brief interview or searching

inguiries as to the following information:
3.1.1. Name, age, address, period of
residence;
3.1.2. Previous application for
registration as SK voter; and
3.1.3. Voting in the previous elections.

Page 11 of 239
3.2 Verification in the Regular Database Before
Accepta nce of Appl ica tion :

3.2.1. If name of the applicant is found in

the regular database, the application
shall not be accepted and processed.
The applicant shall be advised that he/
she need not apply anew and that his/her
SK registration record is already extracted
to the regular data base.

3.2.1.1. If the application was

inadvertently accepted and
processed, as when the
applicantb demographic data
were encoded and biometrics
data were capture4 the EO shall
submit the application to the
ERB for approval/disapproval
and perform the procedure
provided under Section 4.2,
hereof,

3.2.2. If the name of the applicant is not found in the

regular data base, accept and process the
application, subject to the procedures
provided in Sedion3.3 and4. t hereof,

3.3. Verification in the National LisB of SK

Voters NLSr<v 75 to 77 years old" before
ERB hearing.

J.J.1. The EO shall generate the list of

applicants turning 18 years old in the
VRS and submit on a weekly
basisl either by perconal
delivery or electronic mail
(officia//alternate email addresses),
to the concerned Office of the
Provincial Election Supervisor (OPES)
and concerned Office of the
Regional Election Director (ORED)for
the conduct of verification in the NLSKV
using the Automated Verification
System (AVS).

For this purposel the Information

Technology Department shall
provide all OPESs and a// ORED; with
the Voters 'NLSKV', database
subject tothe policy of the
Commission implementing the
Data Privacy Law;

3.2.2. All AVS verification resulty'

findings
shall be communicated immediately
by the OPES/ORED to the concerned
OEO, by personal delivery or

Page 12 of 239
 electronic mai/ (official/alternate
email addresses) not later than
seven (7)days from receipt of
the lisB; and
3.2.3. AVS resulty'findings shall be
annotated in the duly accomplished
application form and submitted to
the ERB for consideration.

SEC. 4, Procedures to be Obsetyed During

ERB Hearing. shall be observed
The following procedures
for accepted applications of applicants turning lSyears olQ
during ERB hearing:

4.1 ff the name of the applicant is not found in the

regular database and NLSKV the application shall
be treated as lllEW and shall be submitted to the
ER B for a pp rova l/disa pp rova l;

4.2. For inadvertently accepted application under 3.2.1.1

hereot it shall be submitted to the ERB for
approval;/disapproval. Once disapproved, the
newly stored demographics and biometrics data
shall be deleted from the applicants' database in
the VRS;

4.3 If the AVS verification revealed that:

4.3.1. The applicant is

a registered SK
voter in another
district/city/municipaliU, the
application shall be treated as
TRANSFER and will undergo the
procedures of ERB
a pp rova l/d isa p p rova I;

4.3.2. The applicant used her "maried or

maiden surname" and found
out later in her previous
registration record that she used
her "maiden or maried
surname" vice versa, the
application shall be treated as
follows:

TRANSFER WITH
CORRECTION OF
ENTRY if the record is
registered in another
district/ciU/
municipality or in the
same
distri ct/ci ty/m u n i cipa I it
y but in a different
barangay;

4.3.2,3, CORRECTION OF
ENTRIES if the
previous record is

Page 13 of 239
 in
registered same
barangay of the
ci ty/ m u n i c ipa I ity/d istr i
ct.

4.3.3. In case of approval of aPPlication,

NOTICE of APPROVAL shall be sent to
the OEO of the voter's old residence
within five (5)days from approval, either
by registered mail or electronic
mail(using OEOs official email
address),with the instruction to
permanently delete the record as
transfer to another
district/city/municipality in the SKS
database. If the record is not yet
extracted or if already ertracted to the
regular database, delete the record in
the VRS as transfer to another
d ist ri ct/city/ m u n i c ipa Iity. "

SEC. 18. Accomplishment of application forms for PWDs and SCs or

illiterate person or member of ICCs,/IPs. -Any PWD and SC or illiterate person or
member of ICCs/IPs may be assisted by the EO in the preparation of his/her application
form or by any member of an accredited citizen's arm or a relative within the fourth civil
degree of consanguinity or affinity, or if he/she has none, by any person of his/her
confidence who belongs to the same household.

The EO shall place the PWD and SC or illiterate person or member of ICCS/IPS
under oath, after which the assistor shall ask relevant questions and record the answers
given in order to properly accomplish the appllcation form.

Once the application form is accomplished, it shall be given to the EO who shall
read the accomplished form aloud to the PWD and SC or illiterate person or member of
ICCS/IPS and ask him/her if the information given is true and correct.

The applicant shall, in the presence of the EO affix his/her thumbmark or some
other customary mark on the duly accomplished form. If already signed or contained
his/her thumbmark, the rule in Section 16(DX9) shall apply.

The Assistor shallthen accomplish in three (3) copies the Supplementary Data Form
which shall be attached to the accomplished application form.

SEC. 19. Biometria capturing for voters who are illiterate, with
amputated fingers or those suffering from paralysis - An illiterate applicant who
is unable to sign shall be required to affix on the signature pad any mark such as, but not
limited to: circle, line or star. This fact shall be indicated by the EO in the application form.

In case the applicant's thumb and/or forefinger is amputated or paralyzed and

he/she is unable to stretch the thumb and forefinger, any finger can be used for fingerprint
scanning.

If one or both hands are totally amputated, the VRM Operator shall check the box
for amputated in the VRS.

sEC. 20. Procedure for filing of application for transfer of registration

reards from another city/district/ municipality and from forcign post to
city/municipality other than original place of registration. -
Any registered voter
who has transferred residence to another city/district/m unicipality, at least six (6) months
immediately preceding the elections may apply for transfer of his/her registration record

Page 14 of 239
by personally appearing before the Eo of his/her new residence and by accomplishing
the
prescribed application form. The Eo shall ensure that the applicint
chdk the"b;x
corresponding to the appropriate type of application (Application ior Trande).

A. The EO shall verify the applicant,s name from the LVRD/PLV/PLDV/NROV,

1. If applicantt name is found in the LVRD/pIV/pLDV/NROV:

The EO shall inform the applicant that he/she is already a

registered voter in the said city/district/municipality. In case of
deactivated registration records, the applicant shall be advised to
apply for reactivation of his/her registration records. The EO shall
ensure that the applicant shall check the box corresponding to the
appropriate type of application.

2. If applicant's name is not found in LVRD/PLV/pLDV/NROV:

a. The EO shall require the applicant to show proof of his/her

registration. He/she may present his/her Voter ID, or a Certiflcation
from the EO of his/her former place of registration, or a Certification
from the National Central File/OFOV. Upon presentation of any
document herein mentioned, the EO shall issue the application form.
A facsimile/photocopy of said proof shall be attached to the
application.

b. In the absence of proof that the applicant is a registered

voter, the EO shall advise the applicant to file an application for
registration. The EO shall thereafter issue the prescribed application
form to the applicant, who shall accomplish said form in accordance
with Section 17 hereof. In addition, the applicant shall be issued one
(1) copy of a Certification stating that he/she intended to apply for
transfer but instead, was advised to apply for new registration.

c. A registered voter who applies for transfer of registration

record shall surrender his/her Voter ID if one has been issued to
him/her, to the EO of the clty/municipality where he/she presently
resides.

B. The EO and VRM Operator shall then perform the applicable procedures
in the processing of applications stated in Section 17 hereof.

Using the VRS, the VRM Operator shall:

1. Select Applicants Registry -> Register Applicants,

2. Type the Application Number and press Enter
button;
3. Sefect Transfer from other
city/district/nunicipality from Registration Type
drop-down menu;
4. Encode demographics information and capture the
biometrics data of the applicant;
5. Show the encoded demographics to the applicant
and confirm from him/her if all the details therein
are complete and accurate; and
6. Save the record.

He/she shall then afflx his/her initial below the space provided for the
EOt signatures in Part 2 of the application form.

Page 15 of 239
 Application for transfer of registration records from another
city/iistrict/municipality/foreign post shall be subject to notice, hearing and
action of the ERB.

C. Once the application is approved, NOTICE OF APPROVAT shall be sent

within five (5) days thereof, without need of a copy of the approved
application ior transfer, to the EO of origin, bv reaistered mail or
throuoh the official e-mail account of the OEO.

Notice of Approval shall bearthe e-signature or original specimen signature

by the Chairperson of the ERB and shall indicate the following:

r. Full-name;
2. Birth date;
3. Place of birth;
+. Old and current address;
5. Precinct assignment; and
o. City/district/municipality/barangay.

D. For application for transfer from post to local city/m unicipality/district

other than the orioinal olace of reoistration, the EO shall, after
approval of the ERB, submit a Notice of Approval of all approved transfer
to the OFOV and to the OEO of the Dlace of oriqinal reqistration not later
than five (5) days from the conclusion of the ERB Hearing either through
official email or registered mail.

The EO shall verify with the OFOV or the EO of original place of registration
on the receipt of such email or mail transmittal. The OFOV and EO of the
place of original registration shall issue and send conflrmation receipt of
notice of approval.

E. The EO of the place of original registration or OFOV shall within five (5)
days upon receipt of the said Notice:

1. Delete the name of the voter from the database; and

2. Remove the voter's registration records (VRRs) from the
corresponding precinct book of voters and send to the OEO
of the applicant's new residence.

THE DELETION FROM THE DATABASE AND REMOVAL OF THE VRR FROM
THE BOOK OF VOTERS BY THE EO OF ORTGTN SHALL NOT REQUIRE ERB
APPROVAL.

SEC. 21. Prccedure for filing of application for transfer of registration

records within the same city/district/municipality due to change of address. -
Any registered voter who has changed his/her address in the same
city/district/municipality may apply for transfer of his/her registration record to the
precinct book of voters of his/her new precinct by accomplishing the prescribed application
form. The EO shall ensure that the applicant check the box corresponding to the
appropriate type of application (Application for Transfer).

A. The EO shall verifu from the LVRD the record of the applicant. If the name is
included in the database, the voter shall be directed to proceed to the VRM
Operator.

1. If the record has complete biometrics data, the VRM operator shall,
using the old application form number:

a. Select Voter Registry -> Search Voter

Page 16 of 239
 b. Type the last name, or first name and/or maternal name
in the space provided and then click SEARCH bulton;
c. Select the record of the applicant in the list and tick ihe
checkbox for TRANSFER from the displayed application
type then click Process button;
d. Edit the address and precinct number; and
e. Save the record.

2 e no ncs with i ete cs da

th e VRM operator shall, using the old application form number:

a. Select Voter Registty -> Search Voter

b. Type the last name, or first name and/or maternal name
in the space provided and click SEARCH bufton;
c. Select the record of the applicant in the list and tick the
checkbox for TRANSFER from the displayed application
type then click Proress button;
d. Edit the address and precinct number;
e. Show the edited address and precinct number to the applicant
and confirm from him/her if all the details therein are complete
and accurate;
f. Capture the biometrics data of the applicant; and
g. Save the record.
Once the process is completed, the EO and VRM Operator
shall then perform the applicable procedures in the processing of
applications stated in Section 17 hereof.

3. After the ERB approval, the EO shall consolidate/merge the

updated/corrected data. Correspondingly, the ERB. through the EO, shall
detach the VRR from the former precinct book of voters and place the same
in the precinct book of voters of his/her new precinct assignment. This
provision shall not apply for book of voters covered by a pending case or
under precautionary protection order issued by Presidential Electoral
Tribunal/ Senate Electoral Tribunal/House of Representative Electoral
Tribunal.

SEC. 22. Application for Reinstatement of records due to transfer from

foreign post to the same local city/municipaliU/district. -The applicant shall file
an Application for Reinstatement of registration records in the prescribed form in the
city/municipality/district of his/her original place of registration.

Once approved by the ERB, the OEO shall reinstate the VRR from the ARCHIVE
FILES and restore the same in the Voter Registration Database following the technical
procedure below:

The VRM Operator shall, using the old application form number:

1. Select Voter Registry -> Search Voter,

2. Put check mark in the Show Inactive Records check box.
3. Type the last name and/or first name and/or maternal
name in the space provided and click SEARCH button;
4. Select the record of the applicant and tick the checkbox
for REINSTATEMENT-OV from the displayed application
type then click Process button; and
5, Save the record.

SEC, 23. Prccedure for liling of applications for reactivation - Any

registered voter whose registration has been deactivated pursuant to the grounds

Page L7 of 239
 reactivation of his/her
enumerated in section 27 of Republic Act No. 8189e may apply for
registration records either through:

1. Online flllng, reception and processing of applications for -reactivation'

reactivat|onWithcorrectionolentries,reactivationwithtransferWithinthe
samecity/municipality/districtandreactivationwithtransferwithinand
correction of entries pursuant to the procedures in Resolution No. 1071510;

2. Personal filing by accomplishing in three (3) copies of the prescribed

appllcation form. The EO shall ensure that the applicant check the box
coiresponding to the appropriate type of application (Appllcation for
Reactivation).

A. The EO shall verifo if the name of the applicant is in the LVRD/PLDVs. If his/her
name is in the said LVRD/PLDVs with a deactivated status, he/she shall be
instructed to proceed to the VRM Operator.

1. If the record has co Dlete biometrics data. the VRM operator shall,
using the old application form number:

a Select Voter Registry -> Search Voteri

b Put check mark in the Show Inactive Records check box.
c Type the last name and/or first name and/or maternal name in
the space provided and click SEARCH button;
d Select the record of the applicant and tick the checkbox for
REACIVATION from the displayed application type then click
Process bulton; and
e Save the record.

2. If the record has no biomqtrles data or with incomplete biometrics data,

the VRM operator shall, using the old application form number:

a. Select Voter Registry -> Search Vote4

b. Put check mark in the Show Inactive Records check box.
c. Type the last name and/or first name and/or maternal name in
the space provided and click SEARCH button;
d. Select the record of the applicant and tick the checkbox for
REACIVATION from the displayed application type then click
Process button;
e Proceed to the Biometric window, capture the biometrics
information; and
f. Save the record.

Once the process is completed, the EO and VRl"'l Operator shall then
perform the applicable procedures in the processing of application stated
in Section 17 hereof.

After the ERB approval, the EO shall consolidate/merge the updated data.

SEC. 24, Procedure for filing of applications for change of name by

reason of marriage, or court order or order by the Civil Registrar or Consul
General.- [A] Any registered voter whose name has been changed by reason of marriage
or court order or by order of the Civil Registrar or Consul General may file an application
for change of name by personally accomplishing three (3) copies of the prescribed

17 "AN AL-I IROVIDING FOR A GENERAI- REGISTRATION OF VOTERS, ADOMINC A SYSTEI!{ O}- CON'TINUING REGISTRATION,
PRESCRTBING THE PROCEDURES 'I'TiEREOF AND AUTT1ORIZING TTI[ AP}'ROPRIATION OF FUNDS THEREOF.'
D "RULESON
O]ONLINE FILING, RECEPTION, AND PROCLSSING OF API'LICATIONS FOR REACTIVA ION, REACTIVATION wl H
CORREC-T]ON OF I]NTRIES, REAC-I'IVATION WITH TRANSFER WI]'HIN THI] SAME CII'Y/MUNICIPALiTY/DISIRIC-I, AND
RIiACTIVATION WITIITRANSFER WITI]IN ANT) CORREC]IION OF ENTRIL5, AND VIRTUAL VERIFICATION OFTHE IDEN'I'ITY OF
TIIE APPLICANTS, ANI) [2] ALTERNAII!'E PROCIEDURIS ON TrIE FII-ING O[ SAID APPLICATIONS BY SENIOR CrllZENS,
PI]RSONS WI'I'H DISABIII'TIFS AND PERSONS DEPRIVED OIJ LIBERTY,"

Page 18 of 239
application form. The Eo shall ensure that the applicant check the box corresponding to
the appropriate type of application (Application for Correction of Entries).

In support of the application, the applicant shall submit any original/certified true
copy of the following:

a. Certification by the solemnizing officer;

b. Marriage contract or court order with certificate of finality;

c. Order by the Civil Registrar or Consul General, as the case may be.

[B] This may also be availed of in cases where:

1. The marriage of a female registered voter has been annulled or declared void
by competent court. The applicant shall attach a certified true copy of the
Court's final ORDER/DECISION, annulling the marriage or declaring the
marriage a nullity; OR

2. A female registered voter requests for reversion to her maiden name in lieu of
husband's surname without changing the civil status pursuant to Article 370 of
the Civil Code of the Philippines. Presentation of original and submission of
photocopy of court order or marriage contract with annotation is not required.
In this case, presentation of original copy and submission of photocopy of
Certificate of Live Bidh will suf11ce.

In both instances, the female registered voter may also request for change of
signature as provided herein.

The EO shall verln/ the record of the applicant in the database. If his/her name is
in the database, he/she shall be instructed to proceed to the VRM Operator.

The VRM Operator shall, using the old application form number:

1. Select Voter Registry -> Search Voter,

2. Type the last name and/or first name and/or maternal name in the
space provided and then click SEARCH button;
3. Select the record of the appllcant, tick the checkbox for
CORRECTION OF ENTRIES from the displayed application type then
click Process button;
4. Edit the entries for correction;
5. Show the edlted entries to the applicant and confirm from
him/her if all the details therein are complete and accurate;
6. Capture the biometrics data of the applicant if there is no or
incomplete biometrics; and,
7. Save the record.

Once the process is completed, the EO and VRM Operator shall then
perform the applicable procedures in the processing of application stated
in Section 17 hereof.

After the ERB approval, the EO shall consolidate/merge the updated data.

SEC. 25, Approved applications for Certification with the Office for
Ovetseas Voting (OFOV). -The OFOV shall provide the OEOS, through their respective
ORED and OPES, with a copy of Notice/s and lists of approved applications for Certification
as overseas voters within five (5) days every after the conclusion of every Resident
Election Registration Board (RERB) hearing,

Page 19 of 239
 Once the notice is received, the OEO shall place the voter/s in the INACTIVE
FILES in the VRS, without the need of ERB approval.

The EO shall perform the following technical procedure to place the approved
overseas voters in the ARCHIVE FILES in the VRS, as follows.

The VRM Operator shall. using the old application form number:

1. Select Voter Registry -> Search Voten

2. Type the last name and/or first name and/or maternal name in the
space provided and then click SEARCH button;
3. Select the record of the applicant, click the Edit Record button to
display the registration record,
4. Scroll down the registration page, and from the bottom portion of
the screen, select APPLIED FOR CERTIFICATION AS OV from drop-
down menu then click Delete/Deactivafe button to display the
warning message;
5. Click DEACTIVATE button to proceed and input the password of the
current user for authorizatlon of the process then click OK to display
the confirmation message;

SEC. 26.Procedure for filing of applications for correction of

entry/entries in the registration records. - A registered voter whose registration
record in the precinct book of voters or certified list of voters contains erroneous entries,
including wrong or misspelled name, birth date, birth place or typographical errors/ may
request for its correction. In support thereof, he/she shall attach thereto the court order
or an order of the Civil Registrar, or any other evidence warranted under the
circumstances.

The registered voter shall file an application for correction of entry/entries in the
registration record by personally accomplishing three (3) copies of the prescribed
application form. The EO shall ensure that the applicant check the box corresponding to
the appropriate type of application.

The EO shall verifo in his/her LVRD the record of the applicant, using the VRS
program. The EO shall use the old application form number of the applicant and direct
the applicant to the VRM Operator.

Using the VRS, the VRl4 Operator shall:

1. Select Voter Registry -> Search Vote4

2. Type the last name and/or first name and/or maternal name in the
space provided and then click SEARCH button;
3. Select the record of the applicant, tick the checkbox for
CORRECTION OF ENTRIES from the displayed application type then
click Process button;
4. Edit the entries for correction;
5. Show the edited entries to the applicant and confirm from him/her
if all the details thereln are complete and accurate;
6. Capture the biometrics data of the applicant, if there is no or
incomplete biometrics; and
7. Save the record.

Once the process is completed, the EO and VRM Operator shall then
perform the applicable procedures in the processing of application stated
in Section 16 hereof.

After the ERB approval, the EO shall consolidate/merge the updated data.

Page 20 of 239
 sEc. 27. Procedure for firing of murtipte apprications.- Any appricant for
transfer of registration with reactivation and change oi itatus/correction of entry shall
accomplish the prescribed form. The Eo shall ensure that the applicant check the boxes
corresponding to the appropriate types of application.

SEC. 28. Procedure for filing of apptications for reinstatement of

registered voter whose name has been omined in the tist of voteE, _ Any
registered voter whose name has not been included or has been omitted in the precinct
certified list of voters in the immediately preceding elections, may file an application for
reinstatement. For this purpose, he/she shall personally accomplish in three (3) copies the
prescribed application form. The Eo shall ensure that the applicant cheik the box
co_rresponding to the appropriate type of application (Application for Change/coffection
of Entries/ and Inclusion/Reinstatement of Record in the List of voters/Book of voters).

The EO shall verify whether the name of the applicant is found in the LVRD. If the
result is in the affirmative, the Eo shall immediately report the incident to the EBAD and
ITD for technical assessment.

In the event that applicant's name is not found in the database, despite the fact
that he/she has a VRR in the precinct book of voters, he/she shall be directed to the VRM
operator who shall encode his/her demographics using the entries in his/her VRR and
thereafter capture his/her biometrics in accordance with Section 16 D [11] hereof.

After ERB approval, the EO shall consolidate/merge the data.

If it is denied or not acted upon, the applicant may file not later than the date
specified by the Commission E Banc with the proper Municipal Circuit, Municipal or
Metropolitan Trial Court a petition for an order directing that his/her name be entered in
the list. He/she shall attach to the petition, a certified copy of his/her registration record
or identification card or the entry of his/her name in the certified list of voters used in the
preceding election, together with proof that his/her application was denied or not acted
upon by the ERB and that he/she has served notice to the ERB.

SEC. 29. Procedure forftling of applications for inclusion of rcgistration

record not included in the precinct book of voterc. - Any registered voter whose
registration record has not been included in the precinct book of voters may file with the
Board an application for inclusion of his/her record. For this purpose, he/she shall
personally accomplish in three (3) copies the prescribed application form. The EO shall
ensure that the applicant check the box corresponding to the appropriate type of
application (Application for Change/Coredion of Entries/ and Inclusion/Reinstatement of
Record in the List of Voters/Book of Voter).

The EO shall verifli whether the applicant's name is found in the database. if the
result is in the affirmative, the EO shall coordinate and check with the OPES or the National
Central File-ERSD whether said voter has an existing VRR. If there is, the EO shall request
for a copy.

Upon approval
*RECONSTITUTED".
of the Board, the requested copy shall be marked as

If it is denied or not acted upon by the ERB the voter may file with the proper
Municipal or Metropolitan Trial Court, at any time except one hundred five (105) days
prior to a regular election or seventy-five (75) days prior to a special election, a petition
for an order dlrecting that the voter's registration record be included in the precinct book
of voters.

The voter shall attach to the petition a certified true copy of his/her registration
record or identification card or the entry of his/her name in the list of voters used in the
preceding election, together with proof that his/her application was denied or not acted
upon by the ERB and that he/she has served notice thereof to the ERB.

Page 21 of 239
 30, Procedure for the ltPdating and Recaptuing of corrupted
SEC.
biometrics data in the vRS - During the period of registration, the Eo shall veriiT
the completeness of the voters' demographics and biometrics data in the database.

For registration records with blank field/s, the EO shall:

a. Generate the list of registration record with blank field/s, i.e. appllcation
type, registration date, etc., in the VRS;

b. Request for access code from the ITD, through EBAD, to allow editing in the
VRS.

c. Access the voter demographics data in the VRS, edit and fill- out the
mandatory blank fields using as primary reference the approved VRRs.

In case of lost or destroyed VRRs, request for reconstitution of the copies

(printed or digital) of VRRs shall be made in the concerned OPES. In the
absence of such copy, request shall be made to the ERSD pursuant to the
procedures in Section 31 hereof.

For registration records with incomplete (photograph, fingerprint, and signature)

or no biometrics in the database, the EO shall observe the following procedures:

1. Generate the list of voters with incomplete and no biometrics data in the
database prior to the conduct of the resumption of the system of continuing
registration of voters;

For registration records with incomplete biometrics, indicate the lacking

biometrics information subject for recapturing;

2. Verif,7 with ITD if the corrupted biometrics data is available in the Central
Database. If available, the ITD shall provide the EO with the biometrics data
of the affected voter/s. If not available, proceed to the next step.

3. Serve notice, either by personal service or email to the concerned registered

voters to personally appear in the OEO on the date specified in the notice;

4. In case of non-appearance, serve FINAL NOTICE to the voter to appear with

warning that failure to appear on the said schedule, his/her registration
records will be submitted to the ERB for deactivation for failure to validate
pursuant to Section 7 of R.A. No. 1036711; and

5. In case the applicant personally appears at the OEO and found that the
photo in the voter's registration record belongs to a different person, the
EO shall make the necessary request with supporting documents to the ITD
through EBAD,l2. Upon approval, the affected voter shall be notified to
appear before the OEO to have his biometrics taken during registration
period. The VRM Operator, using the old application form number, shall
perform the procedure below:

1. Select Voter Registry -> Search Voteti

2. Type the last name and/or first name and/or
maternal name in the space provided and then click
SEARCH button;

U"AN AC-T PROVIDING FOR MANDATORY BIOMETRICS VOTER RECISTRATION."

to Minute Resoluhon No, l].Osg7dated Au8lst 19, 2OI4,,IN IHE MATTER OF TI{E UPDATINC OF BIOMEIRICS DATA IN
':PuTsumt
T}IE VOTER REGISTRATION SYSTEM (VRS)."

Page 22 of 239
 3. Select the record of the applicant, tick the checkbox
for CORRECTION OF BIOMETRICS from the
displayed application type then click Process button;
4. Capture the biometrics of the applicant; and
5. Save the record.

6. The updating or recapturing ofthe biometrics data shall be made during the
conduct of the resumption of the system of continuing registration of voters
in accordance with the requirements.

SEC. 31, Reconstitution of lost or damaged VRR, in case of calamity and

force majeure. - The EO shall immediately request for reconstitution of VRRS to the
Commission En qanc, through the ERSD for approval. In support of the request, the EO
shall submit a narrative report detailing the fact of loss/damage of the VRRS.

Once approved, the OEOs concerned shall observe the following procedure:

1. For Damaoed (partial/total) VRRS with serviceable VRMS

a) Coordinate with the OPES for the reproduction of the

available copies of VRRS. In the absence of OPES file,
request shall be made to the ERSD for the VRRs stored in
the central file;

b) In case ofthe unavailability of VRRs in the OPES and Central

File, generate and print Voters' Certifications (VCs) using the
Voter Registration System (VRS);

c) Print the word 'RECONSTITUTED" in the upper right top

portion of the reproduced VRRs or printed VCs indicating the
date of the reconstitution with the EO's signature;

d) Compile the reproduced VRRs or printed VCs in the precinct

book of voters, if available. In the absence of precinct book
of voters, the same shall be filed in a folder properly marked
as "Precinct Book of Voters"; and

e) Submit status reports to ERSD and EBAD.

2. For Damaoed (partial/total) VRRS with unserviceable VRMS

a) Coordinate with the OPES for the reproduction of available

copies of VRRS. In the absence of OPES file, request shall
be made to the ERSD for the VRRs stored in the central file;

b) In case of the unavailability of VRRs in the OPES and Central

File, request shall be made to the ITD for the back-up copy
of the database used in the immediately preceding
elections;

c) Coordinate with the nearest OEOs, with the assistance of

the CMT for the generation and printing of VCs in the VRS;

d) Print the word "RECONSTITUTED" in the upper right top

portion ofthe reproduced VRRs or printed VCs indicating the
date of the reconstitution and signed by the EO; and

e) Proceed with the procedures stated in No. 1, paragraphs (d)

and (e).

Page 23 of 239
 In order to guide the concerned OEOS in the performance of the aforementioned
procedures, EBAD will promptly provide them with a copy of Projects of Precincts (POPs)
as their reference.

SEC. Applicants' Database - The EO shall submit to ITD a

32.
Monthly,/Wekly Backup of the applicants' database (C:lCOMELEClNEWlcreated
backup for applicanfs) on or before the 3'd day of the succeeding month/week during the
registration period.

SEC. 33. Challenges to the right to register. - Any person applying for
registration may be challenged in writing and under oath during the reception of the
application or before the ERB by any voter or representative of a registered political pa rty
in accordance wlth the schedule provided in Section 6 hereof. The challenge shall be
attached to the application form together with the proof of notice of hearing to the
applicant.

SEC. 34. Authority of EO to administer oath and issue summons. - fhe

EO or in his/her absence, the EA acting as EO, shall administer oath, issue subpoena duces
tecum, summons and swear in witnesses for purposes of registration. No fees shall be
charged for the administration of the oath.

Fees and expenses incidental to the issuance and service of summons shall be
collected, subject to audit rules and regulations of the Commission, as follows:

Issuance of Summon/s P100.00 per respondent applicant

voter.

Service of Summon/s P50.00 (for first 4 kilometers)

P10.00 (for succeeding kilometers)

Service of summons shall be made as follows:

a. Personal service - By handing a copy of the opposition to the respondent

in person. If the respondent refused to receive and sign for it, by leaving
the summons within the view and in the presence of the respondent.

b. Substituted Service - If the respondent cannot be served personally after

at least three (3) attempts on two (2) different dates, service may be
affected:

i. By leaving copies of the summons at the challenged

applicant's/voter's residence to a person at least eighteen ( 18) years
of age and of sufficient discretion residing therein;

I. By leaving copies of the summons, at the applicanrs/voter's office

or regular place of business with some competent person in charge
thereof. A competent person includes, but not limited to, one who
customarily receives correspondences for the challenged
applicant/voter;

t. By leaving copies of the summons, if refused entry upon making

his/her authority and purpose known, with any of the officers of the
homeowners' association or condominium corporation, or its chief
security offlcer in charge of the community or the building where the
challenged applicant/voter may be found; and

iv By sending an electronic mail to the challenged applicant's/votert

electronic mail address, as reflected in the filled-out application
forms. (A.M. No. 19-10-20-SC 2019, entitled "The 2019 Proposed

Page 24 of 239
 Amendments to the 1997 Rules of Ovil Procedure, which took effect
on May 1, 2020)

CHAPTER II
VERIFICATION OF APPLTCANTS'NAMES IN THE NATIONAL
LIST OF REGISTERED VOTERS (NtRVs)

SEC, 35, Submission of Lisb of Appli@nts, - The EOs or in his/her absence,

the EAs shall:

1. Within three (3) days after the end of weekly reception of applications,
generate, download and submit to the OREDS in case of National Capital
Region, Zamboanga City and Davao City and the OPESs, the:

a) Lists of applicants using the following procedures:

i.From the VRS, click REPORTS module1,

ii.From the List of Applicants menu, select "Lst of Applicants -
Complete'l
iii. Input covered period for verification and click GENERATEbUfron
to continue;

b) Extract database containing names, dates of birth, places of

registration and types of applications using the following
procedures:

i.In the VRS, click UTIUTTES menu and select " Extract Applicants
VerificatiorT' ;
ii.Select "&LRll'database and input the date range of extraction
for verification of records;
iii.Click EXTRACT button to continue the process;
iv.Wait for the successful message to be displayed;
v. Extracted file will be in a comma-separated values (CSV)
format and automatically be saved into the default path. The
OEOS have an option to transfer into the external drive or save
into the CDs for submission to ORED/OPES for verification;
and

vi. Email the file using the Official COMELEC account to the OPES
email address for verification in the NLRV.

2. Facilitate the timely and secured submission of the lists of applicants and
extracted database (hard drive/CDs) to the OREDs/OPESs, thru:

a) Email using Official COMELEC account to the ORED/OPES email

address for verification in the NLRV in areas with internet capability;
and/or

b) Personal delivery of external drive or CDs in areas without internet

capability or in far flung municipalities.

3. After receipt of the verified list of applicants with annotation (erternal drive or
CDs or through email from the OREDs/OPES, the following procedures shall
be observed:

Page 25 of 239
 a) Print the verified list of applicants (PDF forma) and cause the
posting of the name of applicant/s with finding/s in the OEOS
bulletin boards;

b) Annotate in the affected application forms the finding/s;

c) Send, before the scheduled ERB hearing, individual notice/s to the

affected applicants and indicate the finding/s in the notice/s and
advise him/her to appear before the ERB for the purpose of
selecting the correct type of application; and

d) Submit all applications to the ERB for approval/disapproval.

SEC. 36. verifr@tion of Applicants' Names in the NLRU - The RED and/or
Assistant Regional Election Director (ARED) in NCR; REDs and AREDs exercising direct
supervision over Zamboanga City and Davao City, and the PESs shall:

1. Take custody of and access to the NLRV Database.

2. Upon receipt of the lists of applicants transmitted through File Transfer

Protocol (FTP) or stored in the hard drive / CDs / email from Official COMELEC
account, conduct matching verification of the applicants records in the NLRV
Database.

3. In the NLRV database matching verificatlon, the following procedures shall be

observed:

a Insert the medium device or emailed file submitted by the EOs;

b. Launch tie Applicants Verification Systen (AVS);

c Multi factor authentication screen will be displayed;

d. Input USERID and PASSWORD for initial validation and

subsequently place the registered fingerprint of the
REDS/AREDS/PESS/EAs into the fingerprint scanner for
authentication;

i. Applicants Verification System screen will be displayed, click

FILE menu to display SEARCH window;

ii. Locate the extracted file to be loaded and click IMPORT

button to display content of the uploaded file;

iii. After the successful importing of data, click the VERIFY

button, wait for the successful message to prompt;

iv. Click PRINTbulton to generate applicants matching results;

and

v. The RED (NCR, IX & XI) / PES has an option to print or

export the generated matching report.

4. Transmit the verified applicants' list to the OEOS either through their official
COMELEC email account or by personal delivery of the hard drive or CDs, and
ensure that the same will be received by the OEOs not later than five (5) days
before the scheduled ERB Hearing.

Page 26 of 239
 CHAPTER III
ELECTION REGISTRATION BOARD ACTION

SEC. 37. Election Registration Boad (ERB), - There shall be in each city
and municipality as many ERB as there are EOs therein. In densely populated
cities/municipalities, the Commission may appoint additional EOs for such duration as may
be necessary. The ERB shall be composed of the EO as Chairperson and as Members, the
public school official most senior in rank and the local civil registrar, or in his/her absence,
the city or municipal treasurer.

SEC. 38. Substitution. - In case of absence, disqualification or incapacity for

any cause ofthe Chairperson, the Commission, through the PES, shall designate an Acting
Election Officer (AEO) to serve as administering officer for registration purposes, and as
Chairman of the ER8, subject to confirmation by the RED. For NCR, Davao City and
Zamboanga City, the RED shall designate the as substitute, subject to the confirmation of
the Executive Director (ED).

In case of absence, disqualification or incapacity for any cause of the Local Civil
Registrar (LCR) or the Municipal Treasurer or public school officials most senior in rank
the Commlssion, through the PES, shall designate a substitute any appointive civil servicl
official from the same locality, or the next most senior in rank, as far as the public school
official ls concerned, subject to confirmation by the RED. For NCR and Zamboanga City,
the RED shall designate the substitute, subject to the confirmation of the ED.

SEC. 39. Disqualiftcation -

No member of the ERB shall be related to each
other or to any incumbent city or municipality elective official within the fourth civil degree
of consanguinity or affinity.

A verified petition for disquallfication may be filed against any member of the ERB
not later than ten (10) days from date of the first day of board hearing to the PES and in
case of NCR, Davao City and Zamboanga City to the RED. The petition must be
accompanied by proof of service to the challenged ERB member. Absence of proof of
service is a ground for outright dismissal.

The challenged member may file his/her answer within three (3) days from the
receipt of the copy of the petition. With or without the answer, the PES/RED must resolve
the petition not later than three (3) days from scheduled hearing of ER8.

No petltion for disqualification shall be entertained in the succeeding quafterly ERB

hearings, unless there is substitution of members or supervening event that would re-
open the issue on qualification. The same periods shall be observed for subsequent
petitions for disqualifi cation.

SEC, 40. Schedule of Hearing and Compensation. - All applications for

registration shall be heard and processed on the schedule provided under Section 6
hereof. Should one day be insufficient to act on all applications, the ERB shall meet until
all applications shall have been processed but in no case shall exceed five (5) days.

Unless the Commission provides otherwise, each member of the ERB shall be
entitled to an honorarium, to wit:

Number of Number of day(s) Honorarium

Applications of
ERB Hearing
Less than 1,000 One (1) P 1,000.00
1,000 up to 2,000 Two (2) P 1,500.00

Page 27 of 239
 2,001 up to 3,000 Three (3) P 2,000.00
3,001 to 4,000 Four (4) P 2,500.00
Above 4,000 Five (5) P 3,000.00

The Finance Services Department (FSD) shall ensure that all the non-Comelec
members of the ERB shall be paid their respective honoraria within five (5) working days
from receipt of the Minutes of the ERB Hearing and submission of pertinent bank details.
FSD shall notify in writing the concerned REDs and PESs of the downloaded honorarium
of all non-COMELEC ERB Members in their area of responsibility. The EO, in turn, shall
have the concomitant duty to inform his/her members that the honorarium was already
downloaded to their accounts.

SEC.41. Notice of hearing ofapplications. - Upon receiptof the applications,

the EO shall immediately set them for hearing. Notice of hearing with attached list of
applicants shall be posted in the bulletin boards of the OEO and in the city/municipality
hall in accordance with the schedule provided in Section 6 hereof, furnishing copies thereof
to the members of the ERB, heads or representatives of registered political parties and
other accredited groups or organization in the city/municipality.

Each applicant will be notified of the date of the ERB hearing of his/her application
by indicating the same in the Acknowledgement Receipt, with information that he/she
need not appear unless required by the ERB to do so. On the date of the hearing, the EO
shall receive such evidence for or against the applicant.

SEC. 42. List of Appli@nfs. - The EO, prior to the scheduled Board hearing,
shall prepare a list of applicants indicating therein the names, addresses of the applicants
and type of applications. The List of Applicants shall be posted in the bulletin board of the
OEO together with the Notice of Hearing. Non-compliance with the posting of notice
of hearing with list of applicants shall be considered as election offense,l3

SEC. 43. Watchers. - Every registered party and such organizations as may be
authorized by the Commission shall be entitled to a watcher during the reception of the
applications and in every ERB hearing.

SEC. 44. Procedurcs for Processing Applications -

a. Preliminaries. The ERB shall meet at the OEO at the date and time indicated
in the notice.

Before the hearing begins, the EO as Chairperson shall:

1. Let the members and others present log their names on the
attendance sheet;
2. Call the proceedings to order;
3. Request counsels, if any, to enter their appearances; and
4. Determine if there is a quorum. If there is none, the EO shall
adjourn and reset the hearing.

b. Rules to be observed during the hearing. The proceedings shall be

summary. No dilatory tactics or scheme that will delay the proceedings shall be
countenanced by the ERB. All arguments made by parties or counsels during the
proceedings shall be noted in the Minutes.

Rules to be observed:

13 Section 45 of Republic Act 8189

Page 28 of 239
 1. New Registration. The ERB shall ascertain if the applicant
possesses all the qualifications and none of the disqualifications
under the law.

2. Transfer of Registration Records. The ERB shall determine

if the applicant has actually transferred residence to the city,
municipality where he/she filed his/her application.

3. Change of Address in the Same City or Municipality. If

the change of address involves a change in precinct, the ERB
shall transfer his/her registration record to the precinct book of
voters of his/her new precinct and notiry the voter of his/her
new precinct.

4. Correction of Entry/Change of Status. The ERB shall

consider the affidavit and the attached document(s) in support
thereto.

5. Reactivation of Registration. The ERB shall determine the

grounds for which the voter's registration record was
deactivated and that said grounds no longer exist.

6. Reinstatement of records due to transfer from foreign

post to same local city/municipality/district. The ERB
shallascertain that the applicant's name is included in the NROV
and that he/she is transferring his/her registration record back
to the original place of registration.

c. Hearing proper - The hearing proper shall proceed as follows:

1. The Chairperson shall present to the other members ofthe ERB

all applications that are not seasonably objected or without
negative findings in the NLRV verification. The ERB shall
examine each application and if it finds the application in order,
by majority vote shall approve the applications. Otherwise. the
application shall be set aside for later consideration;

2. The Chairperson shall then submit to the other members the

findings of the ORED/OPES NLRV verification of the names of
applicants.

If the applicant is present, the Chairperson shall appraise the

applicant of the finding/s and advise him/her to select/choose
the correct type of application in the registration form, if he/she
desires.

If the applicant uniustlv refuses to select/choose the correct

tvoe of aoolication. such refusal shall be the basis for the
disapproval of the application.

In case the aDolicant failed to aDoear durinq the hearinq desDite

notice, the non-appearance of the applicant shall be construed
as waiver of his/her right and consider as oround for the
disaooroval of the aoolication.

In the event there is a need to change the tyoe of application/s

n fhc \/Rq fha ahairner<^n /FO qhall makc rpdr rp<f f.rr thp
chanoe of aoolication in the VRS to the ITD throu oh E BAD

Page 29 of 239
 3. The Chairperson shall next submit to the ERB all applications
that are objected/opposed, together with the evidence received
in connection therewith:

a. The Chairperson shall announcethe name ofthe first

applicant whose application forregistration ls
objected/opposed and verifo if the applicant is
physically present and request him/her to stand up
and approach the ERB;

b. The applicant shall be informed of his/her right to

rebut or refute the evidence presented and asked if
he/she intends to do so;

c.Allow said applicant to present his/her evidence unless

the same has already been filed;

d. Oppositors/counsel are not allowed to cross-

examine the applicants after presenting his/her
evidence. However, the ERB may propound
clarifi catory questions;

e Proceed to the next application following the same

procedure; and

f. The ERB shall continue processing the applications

previously set aside by taking into consideration the
material defects in the processing of the
applications.

d. Approval or Disapproval of Applications. After processing all the

applications with objections/oppositions, the ERB shall, by majority vote, approve or
disapprove the applications based on the documents/pleadings submitted.

Actions taken by the ERB need not be declared immediately during the hearing. In
case of disapproval, the applicant shall be furnished with a certlficate of disapproval
stating the ground(s) therefor.

After the termination of the proceedinos. the ERB shall put a corresoonding check
(./) on the appropriate box provided in Part 3 of the apolication form. indicate the date of
aooroval/disaooroval and affix their signatures in the space provided therein. If the ERB
disapproves the aoplication. the reason thereof shall be indicated in the application.

e. Preparation ofthe Minutes of Proceedings. After every meeting, the ERB

shall prepare the Minutes of the Proceedings which shall include, among others, the
following:

1. Number of all applications submitted to the ERB for

consideration;

2. Number of applications with objections/oppositions;

3. List of applicants whose applications for registration/transfer

(within and from outside)/deactivation/correction of entries/
change of name/reactivation/inclusion/reinstatement of record,
were approved or disapproved by the ERB indicating the
application number opposite their names; and

4. Brief narration of the proceedings of the ERB.

Page 30 of 239
 f. Distribution of the Minutes of proceedings. The EO shall, within five (5)
days from the last day of hearing of the ERB, distribute copies of the Minutes to the
following:

1. One (1) copy to the OPES;

2. One (1) copy each to the representatives of the Dominant Majority

Party and the Dominant Minority Party;

3. One (1) copy shall be posted In the bulletin board of his/her Office;

4. One (1) copy shall be submitted to Office of the Deputy Executive

Director for Operations (ODEDO) as basis for payment of
honorarium;

5. One (1) copy in CD form shall be submitted to the Registration

Division of EBAD with the required attachments; and

6. File copy for the EO.

Failure to comolv with the foreooino reouirements shall constitute a

oround for disciolinarv action/s and withholdino of benefits oranted bv the
Commission,

SEC, 45. fmpbmentation of couft inclusion odeh - The ERB, through the
EO, shall implement Court Inclusion/Exclusion Orders that have become flnal and
executory.

The EO shall immediately submit a report on the implementation of court inclusion

order/s by the ERB to EBAD for the issuance of access code by ITD for inclusion of the
name of the voter/s in the voter's registration database.

SEC. 46, Abatement of double/multiple registration records. - All

registration records found to be double/multiple based on the Automated Fingerprint
Identification System (AFIS) results, shall be submitted to the ERB for abatement in the
database and be manually crossed-out in the lists of voters.

SEC. 47. Deactivation of Registration, - a) The deactivation of voter

registration records shall be made based on the following grounds, to wit:

a) Those who have been sentenced by finaljudgment to suffer

imprisonment of not less than one (1) year, such disability
not having been removed by plenary pardon or amnesty.
Provided, that any such person shall automatically reacquire
the right to vote upon the expiration of five (5) years after
service of sentence as certified by the clerk of court of the
Municipal/Municipal Circuit /Metropolitan/ Regional Trial
Courts or the Sandiganbayan;

b) Those who have been adjudged by final judgment of a

competent court or tribunal of having committed any crime
involving disloyalty to the duly constituted government,
such as rebellion, sedition, violation of the firearms laws, or
any crime against national security unless restored to their
full civil and political rights in accordance with law;
Provided, that such person shall automatically regain his
right to vote upon the expiration of five (5) years after
service of sentence;

I'age 31 of 239
 c) Those declared by competent authority to be insane or
incompetent;

d) Those who failed to vote in the two (2) successive preceding

regular etections as shown in their voting records. For this
purpose, regular elections do not include the Sangguniang
Kabataan (SK) elections;

e) Those ordered excluded from the list of voters by the court;

f) Those who have lost their Filipino citizenship.

For this purpose, the clerk of court shall furnish the EO

concerned at the end of each month a certified list of
persons with their addresses, who have lost their Filipino
citizenship; were declared insane/incompetent; have been
sentenced by final judgment to suffer imprisonment of not
less than one (1) year, or have committed a crime involving
disloyalty to the duly constituted government; and

s) Failure to Validate or with incomplete biometrics data

pursuant to Republic Act No. 10367.

Deactivation of registration records based on paragraph (d) above shall not be

done during the last ERB Hearing. For this purpose, all OEOs are directed to ensure that
all registered voters who failed to vote in the two (2) successive preceding regular
elections shall be deactivated accordingly by the ERB prior the last ERB hearing to avoid
disenfranchisement.

After the voter's registration record has been deactivated, the ERB shall remove
the same from the corresponding precinct book of voters. Properly marked and dated in
indelible ink, place the same in the inactive file after entering therein the cause/s of
deactivation.

SEC. 48. Cancellation of registration records.- The ERB shall cancel the
registration records of those who have died based on the following documents:

a Certified list submifted by the LCR pursuant to Section 29, Republic Act
8189;

b. Sworn declaration of next of kin who have personal knowledge of the death
and identity of the deceased; and

c National List of Deceased Persons per Voting Age to be provided by the

Philippine Statistics Authority (PSA), duly verified by EBAD and ITD in the
central database.

Before the ERB hearing, the EO shall post in the bulletin boards of his/her Office
and in the city/municipal hall the aforementioned lists, furnishing copies thereof to the
local heads of registered political parties; the surviving spouse, if married; father or
mother, if single; or if he/she has none, the nearest kin.

SEC.49. Publication of action on the applicafrbr.- Within five (5) days from
approval or disapproval of applications, the ERB shall post notices in the bulletin boards
of the OEO and city/munlcipal hall, stating the names and addresses of the applicants,
the dates of the applications and the actions taken thereon. The EO shall serve a copy of
the notice either personally or by registered mail or special delivery, to the local heads or
representatives of registered political parties in the city/municipality.

Page 32 of 239
 CHAPTER IV
UPDATING OF REcoRDs oF SKs, PwDs, scs AND MEMBERS
ICCS/IPs

__, SEC. 50. Updating the records of pWDs and SCs and members of
rccs/rPs. - PWDs and scs who are already registered but have not indicated ih;t;"
of their disability, or who may have developed oi manifested such disability .rtui nu,iilg
been registered, may update their registration records.

Members of the indigenous communities who have previously registered but have
. .
not indicated the name of the Ip community to which he/she belongs shlll be allowed to
update his/her registration records.

The updating of the registration records shall be in accordance with the followinq
procedure:

a. The PWD/SC/member of ICC/IP voters shall personally appear

before the OEO/satellite registration office. PWD/ SC voters applying for
the updating of their records shall likewise be accommodated in the
express lane;

b. The EO shall conduct an interview on the personal circumstances in

order to establish the identity of the PWD/ SC/member of ICC/IP voters.
He/she shall be required to present any of the identification documents
enumerated in Section 16 hereof;

c. Once the identity is established, the PWD/ SC /member of ICC/IP

voters shall accomplish the Supplementary Data Form (Annex "B'). PWDS/
SCs shall indicate the type of disability, assistance needed during election
day and willingness to vote in the precincts assigned in accessible polling
places (APP), while the members of ICC/IP shall indicate his/her tribe or
community and submit the accomplished form to the EO.

d. The PWD/SC /member of ICC/IP voters shall be instructed to affix

his/her signature in the logbook.

SEC. 51. Extraction of records of PWD', SCs and ICCfiP in the database.
The records of reglstered PWDs, SCs and members of ICC/IP who have accomplished the
Supplementary Data Form (Annex "B") and manifested their intent to vote in the APP
shall be tagged in the VRS in a quarterly basis. Final extraction of their records from their
original precinct and assignment in the special precinct referred to in the preceding section
shall be made after the last Board hearing prior to the scheduled elections.

SEC. 52, Withdrawal of intent to vote in APP. - PWDS, SCs and ICC/IP who
have previously manifested their intent to vote in an APP and whose records have been
transferred to the special precincts, may revert to their regular precincts, unless the same
has reached the maximum number of voters. In such cases, he/she shall be included in
another precinct comprising/covering the same territorial jurisdiction, For this purpose,
he/she shall update again his/her registration record using the Supplementary Data Form
(Annex "B") during the period of filling of applications for registration.

CHAPTER V
SEGREGATION, CUSTODY AND BACK-UP OF DATABASE

SEC. 53. Segregation, custody and back-up of database in compact discs,

a. On a daily basis, the EO shall:

1. Gather all accomplished application forms;

Page 33 of 239
 2 Back-up the captured data in CDs through the VRM Operator'
Failure to perform the back-up procedure shal! be a ground
for administrative disciplinary action'

3. Arrange all accomplished forms alphabetically by surname per

barangay and by precinct;

4. Generate a list of those who applied for registration or transfer of

registration for the day, and other applications using the VRS
Program. Said list shall be posted in the bulletin boards of the OEO
and the city/municipality hall;

5. Record in the logbook any untoward incident and the action taken
as well as important occurrences and incidents during the
registration days; and

6. Store the application forms, CDs and supplies in a safe and secure
place. CDs that are not yet full or not have been finalized shall be
used in the succeeding registration days.

b. At the end of the registration period (quafterly), the EO shall

1. Generate Statistical Report on the number of applicants per

application type;

2. Submit to the ERB all applications received including the list of

applicants and Statistical Report for action;

3. Once approved by the Election Registration Board (ERB), the OEO

shall:

a. Scan the voter registration record (VRR) of the voter; and

b. Transmit simultaneously the scanned/electronic copy to their

respective Office of the Provincial Election Supervisor (OPES) and the
Election Records and Statistics Department (ERSD) Central File through
Safe File Transfer Protocol (SFTP) within ten (10) days after the
conclusion of the ERB Hearing.

All disapproved applications shall remain in the custody of the EO

4. Finalize CD and back-up file APPUANTS_COVERED_PERIOD.sqI

and delete the records of all disapproved applications. The back-up
of the APPLICANTS_COVERED_PERIOD.sqI shall contain only
records approved by the ERB;

5. Execute the CONSOLIDATION function in the VRM which will

extract records of all approved applications filed during the
registration period; and

6. Submit the CDs containing the extracted rccords (ITD-VOTERS-

COVERED_PERIOD.SQL SKS_BACKUP-DATE CREATED THE
BACKUP.SQL) to ITD, through the authorized courier service of the
Commission, within five (5) days after the ERB hearing.

7. On the last scheduled ERB Hearing submit the full or final backup for the
VOTERS, SK and POP databases.

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 CHAPTER VI
POST-REGISTRATION PROCEDURES

SEC. 54. Assignment of Precinct Number - In the assignment of precincts

the following guidelines shall be observed:

A. Katipunan ng Kabataan:

1. SK Precincts established in the immedlately preceding SK Elections shall

be malntained; and,

2. Newly approved SK applicants shall be assigned in the established SK

precincts of their place of registration. Spin-off precincts shall be
created if the numbers of SK voters exceed the maximum of two
hundred (200) voters per precinct.

B. Regular Voters:

1. PWDs, SCs, IPs established special precincts in APP during the l4ay
9, 2022 National and Local Elections shall be maintained.

2. For other regular voters, the assignment of precinct shall be in

accordance with Section 16 (D6) of these guidelines.

SEC. 55. Submission of Quarterly Progress Report (QPR) and POPI. -The
EO shall submit to EBAD soft copy of the Quarterly Progress Report (QPR) within ten (10)
days after the conclusion of the quarterly ERB hearing and POP (regular voter) after the
last quarter ERB hearing, through the fastest means available. Voters'Database shall be
submitted to the ITD within the same period of ten (10) days from the last quarter ERB
hearing prior to the scheduled elections.

SEC. 56, Compilation of VRR,. - The original copies of the newly approved
applications shall be compiled in the Book of Voters.

SEC. 57. Petition for fnclusion of Voters in the List Any person whose
-
application for registration has been disapproved by the ERB or whose name has been
stricken out from the list may file with the cout a petition to include his/her name in the
permanent list of voters in his/her precinct at any time but not later than one hundred
five (105) days prior to a regular electlon or seventy-five (75) days prior to a special
election. It shall be supported by a certificate of disapproval of his/her application and
proof of service of notice of his/her petition upon the ERB. The petition shall be decided
within fifteen (15) days after its filing.

If the decision is for the inclusion of the voters' name in the permanent list of
voters, the ERB shall place the application for registration previously disapproved in the
corresponding book of voters and indicate in the application for registration the date of
the order of inclusion and the court which issued the same.

SEC. 58. Petition for Exclusion of voters frcm the List - Any registered
voter, representative of a political party or the EO, may file with the court a sworn petition
for the exclusion of a voter from the permanent list of voters giving the name, address
and the precind of the challenged voter at any time but not later than one hundred (100)
days prior to a regular election or sixty-five (65) days before a special election. The petition
shall be accompanied by proof of notice to the ERB and to the challenged voter and shall
be decided within ten (10) days from its filing.

If the decision is for the exclusion of the voter's name from the list, the ERB shall
upon receipt of the final decision remove the voter's registration record from the
corresponding book of voters, enter the order of exclusion therein and place the record in
the inactive file.

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 SEC. 59, ERB Ceftification of the LisB of Vote6, -fhe ERB shall post notice
of its meeting for the Certification of the Lists of Voters, which shall be made five (5) days
prior to the scheduled posting referred to in Section 61 hereof, in the bulletin boards of
the OEO and in at least two (2) conspicuous places of the city/municipal hall.

For purposes of signing the Election Day Computerized Voters Lists (EDCVLS) and
Posted Computerized Voters Lists (PCVLS) in coordination with the Commission on
Elections accredited citizens arm, the ERB shall convene for the conduct of verification
and certification of the said lists of voters. Each member of the ERB shall be paid an
honorarium based on the number of pages.

The meeting/s of the ERBs shall be held in accordance with the following schedule:

Number of Pages (Combined EDCVL and PCVL) Number of Days

5,000 or less 1

5,001 to 10,000 2
10,001 to 15,000 3
15,001 and above 4

SEC. 60. Posting of the certifred and ftnal list of voters. -The ERB shall post
the certified and final list ofvoters in the bulletin board ofthe OEO ninety (90) days before
the election or on the date fixed by the Commission.

SEC. 61, Mobilization/transportation allowance. -The FSD shall facilitate

the immediate release of the OEOs registration/mobilization/transportation allowance
during the registration of voters including the conduct of mandatory satellite registration
of voters as provided in Section 9 (A) hereof, in accordance with the existing policy of the
Commission, subject to the auditing rules and regulation of the Commission on Audit.

SEC. 62. Role of the Regional Election Dircctots (REDs) and Assistant
Regional Election Directors (AREDS) and Provincial Election Supenlisors
(PES,), - The REDS, AREDS and PESs shall ensure timely compliance of the EOs
submission of all the required repofts and shall be held directly responsible and
accountable for non-compliance within the period herein provided.

SEC. 63, Generation and printing of the EDCVLS and PCVLs. -for purposes
of the conduct the BSKE,

a) The Information Technology Department shall:

1. Prepare and generate the soft copy (pdf format) of the nationwide PCVLS
by precinct stored in compact disk; and

2. Provide, FREE of CHARGE, copy of the PCVLS to accredited Citizens Arms,

Civic Organization and Non-Governmental Organizations.

b) The OEOs shall:

1. Generate and print the EDCVLs and PCVLs. Except for printing, EDCVL and
PCVL reports can be generated only ONCEin the VRS;

2. Provide, FREE OF CHARGE, soft copy of the PCVLs to the accredited

citizens' arm only;

3. Set the date and time for the ERB meeting and shall send Notices of the
same to the other Members of the ERB, Electoral Boards (EBs), accredited
citizens'arm, or such other organizations accredited by the Commission for

Page 36 of 239
 this purpose.

In the absence of local chapter of the accredited citizens, arm or

organizations accredited by the Commission, notice/s shall be served to the
representatives of civic organization and non-governmental organizations;
and

4. Post in the bulletin boards of the city/municipal hall and in the OEO the
notice of ERB meeting and printed copy of the pCVLs.

SEC. 64, Accreditd Citizens' Arms, Civic Otganization and Non-

Governmental organizations- The Accredited citizens' Armi, civic organization and
Non-Governmental organizations shall use exclusively the pCVLs for compirison with the
EDCVLs during the conduct of the verification and certification. They may reproduce and
cascade the PCVLS to their respective chapters or affiliates existing the in
cities/municipalities and districts.

SEC. 65, Verification proedure. - The following procedure shall be observed

during the verification of the EDCVLS and PCVLS:

1. The names of voters listed in the EDCVL and PCVL shall be verified, using
as reference, the VRS database and soft copy of PCVL in the custody of
local representative/s of the accredited citizens' arms or Civic Organization
and Non-governmental organizations;

2. In the event that discrepancy/ies is/are noted, the matter shall be reflected
in the ERB Minutes and a written report shall be submitted to the ODEDO,
through the EBAD. EBAD and ODEDO shall prepare the corresponding
recommendation/s to the Commission En Banq

3. Manual cross-outs and manual inclusions of names of voters in the EDCVLS

and PCVLs shall be affected pursuant to the policy adopted by the
Commission En Banc relative to the conduct of Manual Cross Out of Names
in the Lists of Voters.

4. Data Privacy Policies shall, at all times, be observed to protect the sensitive
personal information of voters contained in the list of voters. As such,
taking of photographs, video recordings, and other methods/means of
simllar import, which takes images or recordings of any part of the list of
voters, are strictly prohibited.

5. The suspension and resumption of the meeting for the purpose of EDCVL
verification and certification shall be recorded in the Minutes.

6. Representatives of civic organizations, non-governmental organizations,

political parties, and other stakeholders may be allowed to observe and
witness the proceedings. However, during the conduct of verification and
certification, the strict observance of basic health and safety protocols is a
must. Therefore, the EO may limit presence within the venue to necessary
parties to ensure that the minimum one (1) meter physical distancing will
be practiced. Other interested parties may be allowed viewing from outside
the venue.

For this purpose, the Commission authorizes the PES, subject to the
confirmation of the REDS, to approve requests by EOs to transfer to a
bigger venue for the ERB meeting to accommodate a significant number of
pafticipants and observers and to ensure strict compliance with basic health
and safety protocols.

For the National Capital Region (NCR), Davao City, and Zamboanga City,

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 theREDSexercisingdirectsupervisionshallapprovetherequest.All
requests for transfer shall be at no cost to the Commission'

sEc, 56. Certifiation procedure. - The following procedure shall be observed

during the certification of the EDCVLs and PCVLs:

1' After the conduct of Verification, the ERB members and representative/s of
the accredited citizens Arms or clvic organization and Non-governmental
organizations shall affix their initials at the bottom of every page and
signatures in the last page of the EDCVL and PCVL per established precinct;
and

2. In the absence of the representative/s of the accredited Citizens' Arms, any

representative/s from civic organization and non-governmental
organizations shall certift in the EDCVLS and PCVLS'

SEC. 67, Posting of PCVLs. The ERB Chairperson shall cause the posting ot
-
the certified PCVLs in the bulletin boards of the city/municlpal/district halls and OEOs not
later than the date specified in the Calendar of Activities for the conduct of the BSKE.

SEC. 68, Procedure on the conduct of manual ooss-out of names. - Th|e

following are the grounds for the conduct of manual cross-out of names of registered
voters in the EDCVLS and the PCVLs:

1 Approved transfer of registration records to another distrlct/city or municipality

as stated in the Notices of Approval. - 'TRANSFERRED TO
"shall be annotated above the crossed-out name and indicating
therein the district/city/municipality where the voter has transferred followed
by the date of annotation and signature of the EO;

2 Verified and confirmed double/multiple registration records based in the AFIS

-
matching. 'ABATED DUE TO DOUBLE/MULTIPLE REGTSTRAfiIT AS
PER AFIS" shall be annotated above the crossed-out name followed by the
date of the annotation and signature of the EO;

J Included in the Certified List of Deceased Registered Voters from the Local
Civil Registrar, or National List of Deceased Persons per Voting Age provided
by the PSA or based on the Sworn Affidavit of next of kin of the deceased
voters who have personal knowledge of the death of the voters. -
"DECEASED AS PER CERTIFIED LTST FROM LCR/SWORN AFFIDAVIT
OF NEXT OF KIN" shall be annotated above the crossed-out name, followed
by the date of annotation and signature of the EO;

4 Excluded by Court Orders with Certificate of Finality issued by the

Metropolitan/Municipal Trial/ Circuit Courts or by the Regional Trial Courts in
case of appeal pursuant to Sec. 35 of Republic Act No. 8189 and indicate on
the top of the crossed - out name the annotation " EXCLUDED PER COURT
oRDER ISSUED BY MTC/MCTC/RTC BRAATCH "
followed
by the date of annotation and signature of the EO.

5 Approved application for certification as overseas voter with name included in

the National Registry of Overseas Voters (NROV). 'APPROVED OVERSEAS
VOTER fN shall be annotated above the crossed-out name
followed by the date of the annotation and signature of the EO.

SEC. 69, Manual inclusion of voters- - The manual inclusion of the names of
voters in the EDCVLs and PCVLs shall be allowed in the following instances based on the
following grounds:

1. Final and executory decisions/ orders of courts In inclusion cases;

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 2. Registration records which were erroneously deleted due to death; and

3. Abated as double/multiple registration records based on AFIS due to wrong

encoding of the type of application in the VRS.

I. OEOS requests for inclusion of voters:

A. The identification of the names of voters not included in the lists of

voters shall be made before and during the conduct of verification and
certification of the EDCVLs and PCVLs in accordance with the Calendar
of Activities.

B. Requests for inclusion in the lists of voters shall be received by EBAD

one (1) week prior to the last day of posting of PCVLs in accordance
with the Calendar of Activities and to be submitted for consideration
of the Commission En 9anc, exceDt in cases of final and executory
court inclusion orders;

C. All requests duly approved by the Commission En Banc, either through

Resolution or Minute Resolutlon, shall be applicable only to the
registered voters included in the requests. The Resolution/Minute
Resolution shall not be made applicable by analogy to other similar
situations under the legal maxim "expressio unius est exclusio
alterius";

D. Approved names of voter for inclusion through a Resolution/Minute

Resolution shall undergo the following process:

1. Posting of the copy of the Resolution/Minute Resolution with

attached names of votes in the OEOs bulletin boards, copy
furnished the representatives of the citizens arm and other
election stakeholders.

2. Manual insertion of the names in the EDCVLS and PCVLs shall be

undeftaken by the EO authenticated by his/her signature and by
the signature of the representative/ s of the citizens arms or
election stakeholder, if available.

il. Court Inclusion Order during election day:

A. In case of court inclusion order received by the EBs on election day,

the same shall be coordinated with the concerned EO before the
same is implemented. The EO shall secure from the concerned voters
a certified copy of the Court inclusion order. Thereafter, the EO shall
endorse the same to the proper EBs through the Department of
Education Supervisor Official (DESO).

The manual inclusion of the names of voters in the ECVLS and PCVLs
shall be authenticated by the signatures of the EBs attested by
representatives of citizens arms and/ or election stakeholders
present. Such fact shall also be recorded in the Minutes of Voting and
Counting and certified copy of the Court Order be attached to the
Minutes;

B. OEO shall submit a report of Court inclusion order/s received on

election day stating the court branch and names of voters to be
included in list to the ERB for confirmation during the first ERB
hearing upon the resumption of the system of continuing registration

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 of voter after the elections, copy furnished EBAD and Law
Department.

C. In all cases, the EDCVLs and PCVLs verificatlon, manual cross-out and
inclusion of names shall be conducted simultaneously. In the event
the EDCVLS will arrive after the period of verification, the manual
cross-out and inclusion of names made in the PCVLs shall be reflected
also in the EDCVLS subject to the authentication by the signature of
the EO duly attested by the representatives of the citizens arms and
other election stakeholders, if present.

Aftic|e III
REQUEST FOR TRANSFE& CHANGE OF NAME OR ADDRESS
OF VOTTNG A CENTER FOR THE CONDUCT OF BARANGAY
AND SANGGUNIANG KABATAAN ETECTIONS

CHAPTER I
SEC, 70, Mandatoty ocular inspection of voting @ntets, - All OEOs are
mandated under Section t63, Batas Pambansa Bilang 881, to conduct ocular inspection
of all voting centers within their respective areas ofjurisdiction within a reasonable period
of time prior to registration and elections, to determine whether or not they are
structurally suitable and/or compliant with the legal requirements, as well as if there are
any defects in the structure or omissions in their names or addresses. Thereafter, the
OEOs shall make the necessary correction by submitting a request for transfer, change
or correction of name or address of voting center, whichever is applicable.

OCULAR INSPECflON OF VOTING CENTERS SHALL BE CONDUCTED NOT LATER

THAN AUGUST 15, 2023 FOR PURPOSES OF THE OCTOBER 30 2023 BSKE OR ON SUCH
OTHER DATES AS MAY BE FIXED BY THE COMMISSION. The date for the conduct of
ocular inspection shall be provided for in the Calendar of Activities specific to a given
Barangay and SK polls.

A repot on the result of ocular inspection shall be submifted to the Precincts and
Voting Centers Division (PVCD) of EBAD within two (2) days from the dates
abovementioned or the dates to be provided in resolutions for purposes of subsequent
elections as stated in the immediately preceding paragraph or wlthin turo (2) days from
the date of the conduct of ocular inspection, if done earlier.

SEC. 71. Modes and reguirements for transfer of voting centen- A request
for transfer of voting center shall comply with the requirements of any of the following
modes:

A. Through a Petition of Voters

1. A petition for transfer of voting center attached to the PCVL where the
signatures of at least, the majority of the affected voters by precinct is
affixed. The petition must state the present and proposed voting centers;

2. A certification of the EO, stating the authenticity or genuineness of the

signatures appearing in the PCVL. A matrix containing the total
number of: a) voterc with signatures; and b) voters whose
signatures are found authentic or genuine MUST be appended to
the certification;

3. A certification of ocular inspection of the EO, stating that he or she

conducted ocular inspection of the proposed voting center and found the

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 same accessible and has sufficient space to accommodate the affected
voters and that it is equipped with necessary facilities for the conduct of
electoral activities. The certification MUST also provide the
estimated distance: (a) between the present and proposed voting
centers; and (b) between the residences of the affected voters
and the proposed voting center. Photos of ocular inspection MUST
also be attached to the certification; and

4. A certification of the principal or other responsible officer of the DepEd (in

case of a public-school building), manager or administrator (in case of
other public building) or the owner, manager, administrator or any person
acting in behalf of the owner (in case of a private building or structure),
signifying his or her consent to the use of the proposed building or structure
as voting center.

B. Through an Agreement of Political Parties

1. A Memorandum of Agreement (MOA) of all registered political parties in
the locality, entered into by and between their duly authorized
representatives, stating the request for the transfer of voting center, the
present and proposed voting centers and the reason/s for the transfer;

2. A ceftification of the EO, stating that the political parties represented in the
MOA are the only political paties in his or her area of jurisdiction. An
independent candidate who ran during the immediately preceding election
shall be considered as a political party for this purpose, so as not to deprive
the voters of using this mode just because of the existence of one (1)
political party in the locality. However, if the past election is uncontested,
this mode cannot be used since one (1) political party cannot alone enter
into a MOA;

3. A certificationofthe respective heads (city. provincial, regional or national)

of political pafties participating in the MOA, stating that their signatories
have been duly authorized to enter in said MOA in behalf of the paties. A
signatory's Certificate of Nomination and Acceptance (CONA), if any, in the
custody of the OEO shall suffice for this purpose;

4. A ceftification of ocular inspection of the EO, stating that he or she

conducted ocular inspection of the proposed voting center and found the
same accessible and has sufficient space to accommodate the affected
voters and that it is equipped with necessary facilities for the conduct of
electoral activities. The certafication MUST atso provide the
estimated distance:(a) between the present and proposed voting
centers; and (b) between the residence of the affected voters and
the proposed votang center. Photos ofocular inspection MUST also
be attached to the certification; and

5. A certification of the principal or other responsible officer of the DepEd (in

case of a public-school building), manager or administrator (in case of
other public building) or the owner, manager, administrator or any person
acting in behalf of the owner (in case of a private building or structure),
signifying his or her consent to the use of the proposed building or structure
as voting center.

C. Resolution of the Commission upon prior notice and hearingl4.

SEC,72. Approval or denial of a rcquest for transfer of voting center
upon rcsolution of the Commission. - The following requests for transfer of voting
centers shall be submitted to the Commission En Bancfor consideration:

'r" Sec. 15!1, BP E8l"

Page 41 of 239
 a. Those acted upon by the Special Panel of Lawyers, which is composed of
lawyers from the Electaon and Barangay Affairs Department (EBAD),
Electorat Contests Adjudication Department (ECAD), and Law
Department. rhe " memberC' of the Special Panel shall refer to the
component Departments and not to the individual lawyers.

b. Those submitted by the members of the PNP and/or AFP, involving areas which
have volatile peace and order situations, which shall be coursed through the
Office of the Executive Director (OED) through the ODEDO unless said request
falls in letter "a" hereof.

SEC. 73. Request for transfer of voting center with administrative

transfer of voters - If a request for transfer of voting center involves administrative
transfer of voters, the request shall not proceed unless the process of administrative
transfer of voters has been affected.

Administrative transfer is the process of correcting the precinct assignment of a

voter in the local database of the OEO. For this purpose, the guidelines provided for in
the EBAD Memorandum dated November 21,2019 (Annex "F") shall be observed.

SEC,74, Request for change or correction of name of a voting centen -

A request for change of name of a voting center under this Article shall cover
instances where the name of a voting center appearing in the POP is actually and in fact
existing in the official records of the DepEd or other sources but was either previously or
recently changed.

SEC. 75. Reguest for change or cofieation of address of a voting centeh

- A request for change of address of a voting center is proper only if it can be proven by
proper and sufficient documentary evidence that the present voting center had transferred
to another or new locatlon wlthin the same or different barangay in the same or different
locality.

Hence, if the address of a voting center is erroneous or non-existent from the very
beginning, the proper request to be submitted is a request for @rrection of address
of votang center, provided that the EO can prove that the building or structure located
in the correct address is actually the voting center being used by the affected voters ever
since.

SEC. 76. Requiremenb of a request for change of name or address of a

voting center. - A request for change of name or address of a voting center is proper
when it is accompanied by:

1. A certification stating the complete date (month, day and year), if possible, when
the change of name or address occurred, which shall be issued by either of the
following:

a. DepEd, in case of a public-school building;

b. School Board, in case of a private school building;

c Barangay Chairman, in case of public building under the management or

administration of the barangay; or

d. The owner, manager or administrator, in case of a private building.

2. A brief background or history of the change of name from the persons or officials
enumerated in the preceding number, if available or possible.

Page 42 of 239
 3 A certification executed by the EO attesting that an ocular inspection of the
concerned voting center was conducted, with attached photo/s of inspection and
signage of the voting center.

4 A written explanation of the EO in case the change of name had already occurred
for more than one (1) year.

SEC, 77 . Requirements of a rcquest for correction of name or address of

voting centen - A request for correction of name or address of voting center is proper
when it is accompanied by:

1. A certification of the EO stating: a) the correct name or address of the voting

center; and b) that the request does not involve a transfer but a mere correction
of name or address of voting center only;

2. A certification from either of the following, certifliing: a) the correct name or

address of the voting center; b) that the building or structure has always been the
voting center of the affected voters or its location has always been the same and
has not been transferred:

a DepEd, in case of a public-school building;

b. School Board, in case of a private school building;

c Barangay Chairman, in case of public building under the management or

administration of the barangay; or

d. The owner, manager or administrator, in case of a private building.

3. Other official documents or records showing the correct name or address of the
voting center;

4. A certification issued by the EO attesting that an ocular inspection was conducted

of the concerned voting center;

5. Photo/s showing the signage of the voting center, in case of a request for
correction of name of a voting center; and

6. A written explanation of the EO as to why the erroneous name or address of the

voting center has just been discovered.

SEC. 78. Discrepancy between the signage and the recoded name of the
voting center. - In case of a discrepancy between the photo/s showing the signage of
the voting center and its name in the official record of the DepEd or other official sources/
the request shall be held in abeyance in view of the confusion that may arise from the
approval of the request.

SEC, 79. Where to ftle a request for transfer, change or coffection of name
or address of voting center and deadline for submission, - All requests under this
Article together with all its supporting documents shall be submitted only from 8:00 A.M.
to 5:00 PM from Monday to Friday, including Saturday, if overtime is allowed, to the EBAD,
through a courier or registered email, or through the official email address at
ebad@comelec.ltov.ph or the personal as well as the official email addresses of the POP
Regional In-Charges (RICS) of the PVCD, EBAD (POP RICS). If the request is filed beyond
office hours, it shall be considered as filed on the next working day.

The request must be submitted to the EBAD NOT LATER THAN SEPTEMBER 15,
]QILFOR THE OCTOBER 30,2023 BSKE or on er da
Commission En Bancfor the succeedinq manual elections. SUBMISSION OF LACKING OR

Page 43 of 239
ADDMONAL REQUIREMENT/S SHALL ALSO OBSERVE THE SAME DEADLINE' DCAdIiNC
for submisslon of any request covered by this Article for subsequent elections shall be
provided in the Calendar of Activities for said elections.

-
SEC. 80, Automatic denial, excePtion The following shall automatically be
recommended for denial by the PVCD, EBAD to the Executive Director:

1. All requests with incomplete or lacking requirements submitted on or after the

deadlines mentioned in the preceding section or in resolutions for subsequent
elections; and

2. All requests whose lacking or additional requirement/s are submitted after the
deadlines mentioned in the preceding section or in resolutions for subsequent
elections.

The foregoing shall be without prejudice to the revival ofthe denied requests after
the 2023 BSKE, or subsequent elections, as the case may be.

This section shall not apply, however, to all requests falling under Section 83
hereof.

SEC. 81, When is a rcguest considered submitted within the deadline? -

The term "submitted" shall be understood to mean as follows:

1. If through a courier or registered mail, the date ofthe submission shall be the date
ofthe mailing. For this purpose, the EO shall attach to the request a copy of proof
of mailing (registry receipt, official receipt, etc.); and

2. If through email, the date of the submission shall be the date when the email was
received in the official email address of the EBAD (ebad@anelee.gsy,ph) or thre
personal or official email address of the POP RIC, PVCD, EBAD.

SEC. 82. Exceptional cases. - A request for transfer of voting center on the
ground of the RECENT destruction or dilapidation of the present voting center in such a
manner that it can no longer be used need not comply with either of the modes for transfer
of voting center mentioned in Section 7lhereof. However, the request shall be made
within a reasonable time from the destruction or dilapidation and the following shall be
attached to the request:

1. A certiflcation of ocular inspection of the EO, stating that he or she conducted

ocular inspection ofthe present and proposed voting centers, and found the former
already destroyed or dilapidated, while the latter is accessible, has sufficient space
to accommodate the affected voters and equipped with necessary facilities for the
conduct of electoral activities. The certification MUST also provide the
estimated distance:(a) between the present and proposed voting
centersi and (b) between the [present] residences of the affected voters
and the proposed voting center. Photos of ocular inspection MUST also
be aftached to the certification; and

2. A certification of the principal or other responsible officer of the Department of

Education (in case of a public-school building), manager or administrator (in case
of other public building) or the owner, manager, administrator or any person acting
in behalf of the owner (in case of a private building or structure), signifying his or
her consent to the use of the proposed building or structure as voting center.

SEC.83, Cases not onsidered as exceptional in character. In view of -

Section 71 hereof, the following shall not be considered as exceptions and therefore must
comply with either of the mode for transfer of voting centers mentioned in Section 71
hereof:

1. Congested voting centers; and

Page 44 of 239
 2. Voting Centers which have LONG been dilapidated, damaged or destroyed for
which reason it had been abandoned or not been used for a considerable
period of time.

With regard to no. 2 above, the EO shall submit as additional requirement, a

written explanation as to the reason/s for the belated discovery of the non-existence or
the dilapidation or destruction of the present voting center.

If the explanation is found to be not meritorious, the EBAD may refer the same to
the Personnel Depaftment for the determination of a possible administrative liability of
the concerned EO. Further, failure to submit such written explanation shall be a ground
for the recommendation of the denial of the request.

SEC. 84. Voting centers transfened temporarily. - For those voting centers
that have been temporarily transferred for the 2022 NLE, the EO shall determine if the
same shall be made permanent or not. If the intent is towards the permanency of the
voting center, the EO shall submit a request for the purpose with the following
attachments:

1. A certification of the principal or other responsible officer of the Department of

Education (in case of a public-school building), manager or administrator (in case
of other public building) or the owner, manager, administrator or any person acting
in behalf of the owner (in case of a private building or structure), signifying his or
her consent to the use of the temporary voting center as permanent voting center;

2. A certification of ocular inspection of the EO stating that he or she conducted

ocular inspection of the subject voting center, and found the same accessible, has
sufficient space to accommodate the affected voters and equipped with necessary
facilities for the conduct of electoral activities. The certification MUST also
provide the estamated distance: (a) between the subject voting center;
and (b) between the [present] residences ofthe affected voters, Photos
of ocular inspection MUST also be attached to the certification; and

3. A justification of the EO as to why the transfer should be made permanent

If the intention is to reveft to the original votlng center, the request must have
the following attachments:

1. A certification of the principal or other responsible officer of the Department of

Education (in case of a public-school building), manager or administrator (in case
of other public building) or the owner, manager, administrator or any person acting
in behalf of the owner (in case of a private building or structure) signif,/ing his or
her consent for the reversion of the voting center to its original location; and

2. A certification of ocular inspection of the EO stating that he or she conducted

ocular inspection of the original voting center, and found the same accessible, has
sufficient space to accommodate the affected voters and equipped with necessary
facilities for the conduct of electoral activitles. Photos of ocular inspection
MUST be attached to the certification.

The deadlines for submission of a request under Section 79 hereof or in resolutions

for subsequent elections shall also apply to all requests submitted under this section.

SEC. 85, Revival or re-submission of request- All requests which have been
denied, held in abeyance, withdrawn or otherwise rendered moot and academic relative
to the 2022 NLE, may be re-submitted for purposes of the 2023 BSKE provided that all
the requirements or supporting documents provided in Section 71 hereof shall be attached
to the requests.

t'agc 45 of 239
 The deadline for submission of a request under Section 79 hereof or the deadlines
to be provided in resolutions for purposes of subsequent elections shall also apply to all
requests submitted under this section.

SEC. 86, Evaluation of the request and its supporting documenB.- Thre
POP RICs, PVCD, EBAD shall have the duty and responsibility of evaluating or assessing
the merits and completeness of all requests submitted under this Article, including all its
suppofting documents.

SEC. 87, Posting reguirements before approval of the rcguest - All

requests submitted under this Article, which are found to have complete supporting
documents shall be required to be posted by the EO for a period of at least three (3) davs
in case of BS upon receipt of a written instruction from the EBAD. For this purpose,
the EO shall follow the posting guidelines and period of submission of proofs of posting
provided in the EBAD l4emorandum dated Septembet 9,2022 (Annex"G"). In addition,
the request shall be posted in the present and proposed voting centers.

The requirement of posting shall automatically be suspended for all

requests falling under this Section, which are submifted a week before or after
the deadlines stated in Section 79 or the deadline to be provided in resolutions
for purposes of subsequent elections.

SEC, 88. Proedure after compliance with posting requirements,- Upon

receipt of proofs of compliance with the posting requirements in accordance with the
preceding section, the POP RIC, PVCD, EBAD shall draft the appropriate recommendation
relative to the request for the consideration of the Executive Director.

The aforementioned recommendation shall be coursed through the ODEDO

SEC. 89, fmpbmentation of the approved or denied rcguest - All actions

on requests submitted under this Article decided either by the Executive Director or the
Commission En ganc, shall be returned to the EBAD for implementation by the POP RICS,
PVCD, EBAD to the field offices. Such implementation shall be immediately done upon
receipt of the Memorandum, Minute Resolution or Resolution containing such approval or
denial.

SEC. 90. Posting of notice of apprcved or denied rcquest - All approved

or denied requests shall be posted by the EO within two (2) days from receipt thereof on
the bulletin or transparency boards in the OEO, city or municipal halls, barangay halls, in
the present and proposed voting centers and in at least three (3) other conspicuous public
places within the locality. Proofs of posting shall be submitted to the PVCD, EBAD after
three (3) days of posting.

SEC. 91. Submission of updatd Barangay Precinct Map (BPM), - In case

of approved request for transfer, change or correction of name or address of a voting
center, the EO shall also be required to submit to the PVCD, EBAD an updated BPM
referred to in Section 3 (k)1s of Republic Act No. 8189. Such BPM shall form part of proof
of compliance of posting stated in the immediately preceding section.

In updating the BPM, the guidelines provided in the EBAD Memorandum dated
February 4, 2021 (Annex "H") shall be followed.

SEC. 92. Proper source of the neguest - All requests submitted under this
Article shall come from the OEOS.

'rPre.inct M.ps ref€rs to a sk€tch or drawing of a teogaphi.al arca stated in tems of streets or strel blocks or sitios the residents of
whichwould b€long to a partirulrr prc.i fft.

Page 46 of 239
 Any request submitted by the public or any field official of the Commission other
than the EO directly to the EBAD or any of its PVCD pOp RICs, shall be immediately
endorsed to the OEO for initial evaluation and verification of the same.

CHAPTERII
ACCESSIBLE POTLING PLACE, SEPARATE POLLING PLACE
AND ACCESSIBLE VOTING CENTER

SEC, 93. Request for transfer of a voting center of voterc assigned in

APP. - A request for transfer of a voting center of voters (SCs and pWDs) assigned in an
APP shall observe the Guidelines that the VSO shall come up for the purpose.

SEC. 94, Reguest for creation of a Separate polling place (Spp) and
Accessible Voting Center (A l/Cr. - A request for creation of SPP and/or AVC exclusively
for IP voters shall fall within the authority of the VSO.

SEC. 95, Exclusive authority. - The VSO shall have exclusive authority to act
on all requests submitted under this Article. This Article may, however, serye as suppletory
to any guidelines that the VSO may devlse with regard to said requests.

All approved requests under this Article shall immediately be coordinated with the
PVCD, EBAD for purposes of POP updating.

CHAPTER III
TRANSFER OF A VOTING CENTER IN THE BARMM WITH OR
WITHOUT OPPOSITION AND IN NON-BARMM LOCALTTIES
WITH OPPOSITION

SEC. 96, Special Panel of Lawyqs. - The Special Panel of Lawyers created
pursuant to MR No. 2l-0498 abovementioned, shall receive evidence, conduct online
hearings and submit recommendations for the approval or denial of AtL REQUESTS FOR
TRANSFER OF VOTING CENTERSIN THE BARMM WITH OR WITHOUT
OPPOSTTIONS AND IN NON-BARMM LOCALITIES ONLY WITH OPPOSITIONS
ONLY to the Commission En Banc.

For brevity, the Special Panel of Lawyers shall be called or referred to in the
succeeding sections as "Panel".

SEC, 97. Secretariat of the panel and iB functions.- A Secretariat primarily

composed of the BARMM POP RIC, PVCD, EBAD and his or her Assistant RIC (ARIC), shall
be created. Non-BARMM POP RICs, PVCD, EBAD and their ARICS, if there are any, shall
be considered temporary members of the Secretariat, in cases where requests for transfer
of voting centers with oppositions involving areas in their regions are submitted.

The Secretariat shall have the following functions:

1. Receive and evaluate all requests submitted under this Article;

2. Inform the EO of any lacking requirement/s;

3. Pre-mark prior to the scheduled hearing, all the documentary evidence submitted
together with the EO or his or her duly authorized representative;

4. Set the date, time and platform to be used for the hearing in coordination with the
members of the Panel and the EO;

l'age 47 <tf 239

 5. Prepare and send the notice of hearing (containing the date, time and platform to
be used) to the members of the Panel and the EO;

6. Request the posting of the notice of hearing to the ITD in the official website of
the Commission;

7. Record the hearing of the request and assist the members of the Panel during the
hearing;

8. Consolidate and prepare the final recommendation of the Panel for submission to
the Commission En Banc; and

9. Perform such other functions that the Panel may deem necessary relative to a
request submitted or pending before it.

-
SEC. 98. Period of submission of ,equests All requests submitted shall
comply with the same deadline provided for in Section 79, hereof or the deadlines provided
in resolutions for subsequent elections.

SEC. 99, when to set hearing. -Upon receipt of proofs of compliance with the
posting requirements under Section 87 hereof, the Secretariat, in coordination with the
members of the Panel and the EO, shall set the date, time and platform to be used for
the hearing.

SEC. 10O. Duties and responsibilities of the EO,- The EO shall have the
following duties and responsibilities:

1. Submit together with the request including all its supporting documents, his or
her recommendation thereto based on his or her initial evaluation thereof;

2. Post the request in accordance with Section 87 hereof;

3. Furnish copies of the request to political parties, citizen's arm, if any, civic
organizations and other stakeholders in the locality;

4. Submit a certification stating that no opposition or objection had been filed against
the request, if such is the case;

5. Post the notice of hearing containing the date, time and platform to be used during
the hearing, in the same manner as the request;

6. Submit proofs of posting of the request and notice of hearing thereof during the
hearing pursuant to Section 87 hereof;

7. Ensure that all resource persons, for and against the request, if any, shall be
present on the scheduled hearing;

8. Attend the hearing or send his or her duly authorized representative during the
hearing in case of his or her unavailabili}; and

9. Actively participate during the hearing, where he or she may be assisted by the
PES or Regional Election Attorney (REA), when necessary. The PES or REA may
also assist in the tagging of exhibits during the hearing.

SEC. 101. Comments of the PES and RED, - All requests submitted shall be
endorsed by the Secretariat to the PES and RED for their commenvs and/or
recommendation/s, which shall be submitted within two (2) days from receipt
thereof, if no such comments or recommendations have been submitted as yet.

Page 48 of 239
In case the comments or recommendations have already been submitted together with
the request but without the proper endorsement of the Eo, the provision of section 92
hereof shall be observed.

SEC. 1O2, Parties to the hearingrfhe following shall be present at the hearing:
1. The EO or his or her duly authorized representative/s;

2. The requesting pafty/ties, if any;

3. The oppositor/s, if any; and

4. Counsel/s of the requesting andlor opposing pafties, if any; and

5. Other interested parties who have expressed willingness to attend the

hearing.

The PES and RED may attend the hearing on their own volition and present their
comment/s and/or recommendation/s during the hearing. In their absence, the EO or his
or her duly authorized representative shall offer such comment/s and /or
recommendation/s in evidence.

SEC. 1O3. Hearing procedures. The following shall be observed during the
hearing:

A, Before the hearing

1 The notice containing the date, time, and platform to be used during the
hearing shall be sent by the Secretariat to the EO. The notice shall contain an
instruction for the posting thereof at least two (2) days prior to hearing,
to apprise the public of the same and give them opportunity to support or
oppose the request. The EO shall accept oppositions or objections to the
request within the period of posting.

B. During the hearing

1, In case there are several requesting parties and/or oppositors, each side shall
be represented by only one (1) person only during the hearing;

2. Each representative shall be given only ten (10) minutes each to present their
side, including their evidence for and against the request;

3. The counsel present may act as representative of the party/ies during the
hearing;

4. The members of the Panel may ask clarificatory questions, which shall be
directed to the representative/s of the requesting party/ies or the oppositor/s,
as the case may be;

5. If the request is filed motu proprio by the EO, he or she or his or her
representative shall make a statement with regard to the following:

a. The request (sitio/s or barangay/s involved, the present and proposed

voting centers) and the reason/s therefor;

b. Evidence or documents supporting the request;

c Proof that the request and notice of hearing had been posted and that
no opposition or objection was filed with the OEO relative thereto, if such
is the case;

I'age 49 of 239
 d. His or her recommendation relative to the request; and

e. The PES's and RED's comments and/or recommendations, in case either

or both officials are absent or unavailable.

6. All evidence or exhibits shall be marked during the hearing.

C. After the hearing

The final recommendation to the Commission En Eanc shall be:

1. Arrived at by the MAJORIW of all the members of the Panel who actually
participated in the hearing;

2. Prepared and submitted by the members of the Panel to the Secretariat

within two (2) days from the termination of the hearing;

3. Prepared and consolidated by the Secretariat, incorporating the respective

recommendations of all the members of the Panel;

4. Signed by all the members of the Panel except those who are against the
recommendation of the majority in which case a separate recommendation
shall be signed by the latter. All recommendations shall be submitted
to the Commission En Banclor its consideration;

5. Duly endorsed by the EBAD to the Commission En Banc, and

6. Submitted together with all the evidence or exhibits received and marked
during the hearing.

SEC. 104, Nature of hearing. - The hearing shall be public and summary in
nature. It shall be conducted and terminated in one (1) day, as practicable as possible. It
shall adopt a speedy method of considering and marking the evidence for and against the
request. Failure to present evidence during the hearing shall constitute a waiver thereof
unless the request cannot be disposed of in the absence of such evidence, in which case
the Panel shall set a date for the deadline of the submission of said requirement/s which
shall be strictly observed. In case of non-compliance with the period provided, the Panel
shall decide based on the evidence already submitted.

SEC. 1O5, Action on rcquest belatedly submitted. - All requests, with or

without complete requirements, submitted beyond the deadline set forth in Section 79
hereof or to be set forth in resolutions for subsequent elections shall AUTOMATICALLY
BE DENIED BY THE PANEL WITHOUT A HEARING unless the request falls within the
exception provided in Section 82 hereof.

SEC, 106. Automatic delegation ofauthority of the panel to the Executive

Director - To ensure the speedy and continuous action on all requests submitted under
this Article, all requests submitted within one (1) week before the deadlines set forth
in Section 79 hereof or to be set forth in resolutions for subsequent elections and those
submitted beyond said deadlines but squarely falls within Section 83, shall follow the
procedures for transfer of voting center provided under Section 71 hereof.

The authority of the Panel shall automatically be delegated to the Executive

Director at the start of the working hour of Monday of the last week prlor to the deadlines
mentioned above. The Executive Director, in his or her discretion, may act directly on the
request pursuant to his or her authority or submit the same to the Commission En Banc
for consideration.

Page 50 of 239
 All requests endorsed to the Executive Director under this section shall be coursed
through the Deputy Executive Director for Operations.

CHAPTER IV
ACCURACY OF VOTING CENTERS IN THE POPS

SEC. 107. Exclusive authority.- No building or structure shall be used as voting

center except those appearing in the POPs and those approved in accordance with this
Article. Use of a building or structure as voting center other than those herein mentioned
shall be a ground for disciplinary action and the person/s liable may also be charged with
an election offense.

Transfer, change or correction of name or address of a voting center

effected outside of the provisions of thas Article shall be considered invalid and
illegal.

SEC. 1O8, Accuracy of the names or addresses of voting centers in the

POP* - All approved requests for transfer of voting centers subsequent to the approval
of the final nationwide POP for the May 9,2022 NLE shall be reflected in the POPs for the
2023 BSKE or the final POP for all future manual elections.

SEC. 1O9, Responsibilities of PES and RED. - All PESS and REDs shall have
the responsibility to closely monitor and supervise their respective EOs to ensure strict
observance of the provisions of this Article.

Afticle IV
CLUSTERING OF ESTABLISHED PRECINCTS

-
SEC. 110. Submission of merged POP; only. For purposes of verification,
only merged POPs shall be submitted to EBAD. The separate POPs shall only be used as
guide by the OEO in preparing the merged POP.

SEC. 111, Guidelines in the clustering of established precincts, - In the

clustering of established precincts for the BSKE, the following shall be observed:

a. Only established precincts (original/mother and/or spin-off/daughter)

belonging to the same barangay and located in the same voting center
shall be clustered together;

b. The original/ mother established precinct and its spin-off/daughter established

precinct shall, as far as practicable, be clustered together;

c. The territories of the mother/original established precincts to be clustered

shall, as far as practicable, be contiguous and compact;

d. Each clustered precinct in seoarate POPs

for Barangay and SK Elections shall
have UNLIMITED NUMBER OF PRECINCTS BUT NOT MORE THAN
FOUR HUNDRED (4OO) VOTERS;

e Each clustered precinct in the merged POP (Barangay and SK) shall have
UNLIMITED NUMBER OF PRECINCTS BUT NOT MORE THAN EIGHT
HUNDRED (800) VOTERS;

Page 51 of 239
 t Each precinct in a cluster shall retain its individual precinct number, EDCVL,
PCVL, and Book of Voters;

I Established precincts for SK Election which are comprised of 18-30 years old
registered voters which were extracted from the list of registered voters of the
regular precincts for the Barangay Election SHALL BE CLUSTERED OR
GROUPED WITH THE LATTER AS COUNTERPART PRECTNCTS. This is
to ensure that these voters shall cast their ballots for both the Barangay and
SK Elections only in one (1) polling place and thus, prevent confusion and
inconvenience on the paft of the voters in going to another polling place to
vote for the SK Election. For guidance, please refer to the example below:

Established Clustered No. of Voters Clustered Clustered

Precinct and precinct in within the 18 precinct in preci nct
No. of voters the Barangay to 30 Age the SK POP in the
in Barangay POP with No. Range with No. of Merged
POP (also of Voters Extracted from Voters POP
known as Column A and (Barangay
regular Assigned to and SK
precinct) counterpait SK (D) Elections)
(A) (B) precincts with No.
(c) of Voters
(E)

0001A with 50 voters - SK1A

100 voters 435 voters
325 voters 11O voters (32s -
(0001A - (sKlA -
s0, Barangay
100, 00018 - SK1B - 25 and POP
00018 with 25 voters - SK1B
125 voters 125 and sKlC - 3s) Clustered
0001c-10o) Precinct +
110 - SK
PoP)
0001C with 35 voters - SK1C
1OO voters

h. All new voters, 15-17 years of age, who are residing within the territory
of the Barangay original/mother established precinct shall be included in the
counterpart SK precinct as long as the maximum number of 200 voters
limit per established precinct is observed. However, new SK spin-off/daughter
precincts may be created under the following circumstances:

1. Where there are more 15-17 years old registered voters who can no longer
be accommodated in the counterpart SK precinct, the EO may create
additional spin-off/daughter SK precincts even without any counterpart
precinct at the Barangay level; or

2. Even when the existing SK counterpart established precincts have not yet
reach the 200 voter per limit rule but it is practicable
under the
circumstances, such that the creation of an additional SK spin-off/daughter
established precinct will ensure compllance with the clustering of the
barangay precinct and their counterpart SK precinct. The table hereunder
will provide guidance:

Page 52 of 239
Established Clustered No, of Voters Counterpart Clustered Clustered
Precinct precinct in the within the l8 to Established precinct in the precinct in the
and No, of Barangay POP 30 Age Range Precinct and SK POP with No. Merged POP
Voters in with No, of Extracted from Voters in SK POP of Voters (Earangay and
Barangay Voters Column A and (also known as SK SK Elections)
POP (also Assigned to precinct) with No. of
known as counterpart SK Voters
regular precincts
precinct) (c)
(F)
(B) (D) (E)

(a)

SK1A with 50 voters

f loonew SK voters 385 voters (SK1A- 710 voters (325 '
325 voters (0001A aqed 15 -17 and/or 150 regislered Barangay POP
100, 00018 - 18-30 vears old voters, SK1B - Clustered Precinct
0001A with 125 and 0001C- 50 voters - SK1A 1OO voters AND + 385 - SK POP)
100 voters 100) Hence, SKIA has sKlC - 135
now a total of 150 voters)
SK voters

SKlB with 25
registered voters t
75new SK voters
aqed 15 -17 and/or
00018 with 25 voters - SK1B 18 30 vears old
125 voters
Hence, SKlB has
now a total of
100 SK voters

SK1C with 35 voters

+ 100new 5K voters
aaed 15 -17 and/or
18 -30 vears old
0001C with 35 voters - SK1C
100 voters Hence, SKIC has
now a total of 135
SK voters

Clustering of established precincts shall, as far practicable, BE UNIFORM OR

EVENLY DONE, to ensure that the voters shall be fairly distributed among the
clustered precincts, resulting to eouitable load among the EBs; and

j. The foregoing guidelines shall be without prejudice to the clustering of

precincts assigned in APPs and IP precincts assigned in SPPs and AVCs to be
adopted by the VSO. In the absence, however, of such separate guidelines,
the foregoing rules shall be applied.

SEC. tL2, Authority of the Commission on Elections. - The Commission shall

have the authority to order the adjustment on the maximum number of registered voters
per clustered precinct abovementioned, as it may deem necessary based on reasonable
grounds present.

Page 53 of 239
 SEC. 113, Deadline of submission of POP; by the OEOs. All OEOs shall -
prepare and submit the final POPs (including amended/corrected POPs) to the EBAD not
later than five (5)days from the last ERB hearing through email at
V. facsimile at 8525-4929 or any
other fastest means available.

With regard to the submission of the Voters' Databases, the ITD shall issue
appropriate instructions for the purpose.

In order to ensure the timely and accurate verification of POPs, the Commission
may authorize the deployment of
ON-SITE VERIFICATION TEAMS AND
SUPERVISING LAWYERS to OPESS nationwide pursuant to a duly approved
Operational Plan. If pursued, the Teams and Supervising Lawyers shall consist of
personnel from the EBAD and the ITD. The manpower complement may be augmented
by personnel from other Departments/Offices of the Commission, if necessary.

SEC. 114, Purpose of POP verification. - POP verification is necessary in order

to ensure:

a. The preparation of accurate, updated, complete and final POPS nationwide;

b. The deployment of sufficient number of ballot boxes, election forms, supplies

and paraphernalia;

c. The safe, honest and orderly conduct of elections by providing correct

clustering of precincts in all votlng centers;

d. That all voters are accounted for and that all voting centers are correct and
accurate to prevent voters' disenfranchisement on election day; and

e. Compliance with the clustering scheme herein provided and the 200-limit-
voter-per-established-precinct rule.

SEC. 115. Deadline of submission of POPs to the Commission En Banc -

The EBAD shall consolidate all POPs and submit the Regional and Provincial Summaries,
reflecting the nationwide final electoral data (total numbers of barangayt precinds, and
clustered precincts, voters and voting centers) for the BSKE to the Commission on
Elections within the period fixed by the Commission En 8an4 for approval.

SEC. 116. Responsibilities of the EOs. - The EOs shall be responsible in

ensuring that the nationwide final electoral data appearing in the POP are complete,
accurate and final. TO ENSURE THAT SUCH PURPOSE SHALL BE ATTAINED, THE EO
SHALL BE MANDATED TO CONDUCTTHE INMAL VERIFICATION OF THE POPS AND THE
VOTERS' DATABASES BEFORE SUBMITNNG THE SAME TO THE EBAD AND ITD,
RESPECTIVELY.

SEC. 117. Responsibilities of the RED' and PES,, - All REDs and PESs shall
have the responsibility to closely monitor and supervise their respective EOs to ensure
their strict observance to the provisions of this Article.

Article V
CALENDAR OF ACTIVITIES

SEC. 118, Calendar of Activities. - The Calendarof Activities for the conduct
of the Barangay and SK Elections shall be set forth in the resolution to be promulgated by
the Commission in connection with the specific BSKE, subject to the following parameters:

Page 54 of 239
 DATE/PERIOD ACTIVTTIES PROHIBTTED ACTS

Not beyond 120 days before Updating of Registration

Election Day Records

1. Deactivation;
2. Recapturing of Corrupted
Biometrics Data

Not beyond 100 days before Inclusion

Election Day

Not beyond 105 days before Exclusion

Election Day

2nd Monday of every quater Election Registration Board

(ERB) Hearing forthe
Updating ofRegistration
Records.

Not beyond 120 days before Filing of: (1) applications

Election Day for registration of voters for
the Barangay elections;
and(2) applications for
membership to the
Katipunan ng Kabataan
(KK).

Not later than two(2) weeks Last day to post notice of

before date of ERB hearing hearing with li* of
appllcants

Not later than one (1) week Last day to file opposition
before date of ERB Hearing to the applications for:( 1)
registration as voters for
the Barangay elections;
and (2) membership to the
Katipunan ng Kabataan.

Every 2nd Monday of the Approval or disapproval of

applications
Quafter
for:(1)registration as
voters for the
Banngay
elections; and (2)
membership to the
Katipunan ng Kabataan.

Not later than one (1) week Last day to post the list of
from date of ERB Hearing approved and
disapproved applications
1)
for: ( registratlon as
voters for the Barangay
elections; and (2)
membership to the
Katipunan ng Kabataan.

Page 55 of 239
Not later than five (5) daYs Last day for the ERB,

before posting of the list of Citizens' Arm and Civic

voters
Organlzations to verifo,
certiFy and seal the List of
Voters for the BarangaY
and Sangguniang
Kabataan elections.

Period to constitute the

members of the Electoral
Board and Barangay
Boards of
Canvassers(BBOC).

Not later than ninety (90) to post the

Last day
days before Election Day Barangay and
Sangguniang Kabataan
Computerized Voters'
Lists (CVL). (Sec. 30, R.A.
8189 in relation to Sec.
29, R.A.6646).

Sixty (60) days before and Illegal release of

thirty (30) days after the prisoners before
election. and after
election. (Sec. 261
(n), oEC).

Forty-five (45) days before Last day of submission of Release,

the day of the election. requests/petitions for disbursement or
transfer of voting expendlture of
centers/polling places. public funds. (Sec.
261 (v),oEC)
Not later than ten (10) days Fillng of Certificates of
before the day of the Candidacy (Sec.7,
election. R.A.6679) in relation to
Sec. 29, R.A. 6646.
Thirty (30) days before and ELECTION PERIOD Alteration of
seven (7) days after the day territory of a
of the election. precinct or
establishment of a
new precinct.
(Sec.5, R.A. 8189).

Carrying of firearms
or other deadly
weapons (Sec.32,
R,A.7166).

Use of security
personnel or body
guards by
candidates (Sec.
33, R.A.7166).

Page 56 of 239
 Transfer or detail of
officers and
employees in the
civil service
including public
school teachers.
(sec.261(h), oEC).
Organizing or
maintaining
reaction forces,
strike forces or
similar forces.
(Sec.261(u), OEC).

Suspension of
any
elective provincial,
city, municipal or
barangay officer.
(Sec. 261(x), oEC).

Thirty (30) days before until Vote-buying and

the day of the election. vote-selling ISec.
261 (a), oECl.

Raising offunds
thru dances,
lotteries, cockfights,
etc. (Sec. 97, OEC.)

Removing,
destroying,
obliterating,
defacing,
tampering or
preventing
distribution of
lawfu I election
propaganda. (sec.
83, OEC).

Making any donation

or gift in cash or in
kind. (Sec. 104,
oEC). (Note:
prohibition includes
the day before
election and election
dav).

fhirty (30) days before day Wagering upon

of election until proclamation
result of election.
of winning candidate. lsec. 261 (c), OECI.

Coercing,
threatening,
intimidating or
terrorizing any
election officia orI

employee in the

Page 57 of 239
 performance of his
election functions or
duties. [Sec. 261 (0,
oEcl.

Construction or
Ten (10) days before and maintenance
until day before the eve of CAMPAIGN PERIOD of
(Sec.7, R.A. 6679) barangay-funded
the day of election.
roads and bridges.
(Sec. 261 (v) (w),
oEC)

of barangaY
Holding
assemblies and
candidates' fora. (Sec. 47 ,
oEC)
Ten (10) days before and
Appointing or using
until day of the election.
special policemen,
special/ confidential
agents or the
like. (Sec.261 (m),
OEC). (Note:
prohibition includes
the day before
election and election
dav).
Using armored land,
water or aircraft
(Sec. 261 (r), oEC).
(Note: prohibition
includes the day
before election and
election day).

Policemen and
provincial guards
acting as bodyguards
or security guards of
public officials or
candidates. [Sec.
261 (t), oECl
(NOTE: Prohibited
on the day before
and on eledion day)

fen (10) days before until Construction or

the eve of the election. maintenance of
public works,
delivery of
materials for publlc
works, and
issuance of
treasury warrants
and similar devices
(Sec. 261 (v &w) of
the OEC).

Appointment or
hirinq of new

Page 58 of 239
 employees,
creation of new
position,
promotion, giving
of salary increases,
remuneration or
privileges. (Sec. 5,
RA No. 10952 in
relation to Sec. 261
(g) of the oEC).

One (1) day before the day EVE OF ELECTION Campaigning (Sec.
of election 3, OEC).

Selling, furnishing,
offering, buying,
serving or
takinq
intoxicating liquor,
etc., (Sec. 261
(dd),oEC).

Giving, accepting
free
transportation,
food, drinks and
things of value
(Sec.89,(oEC).

(Note: Ads
mentioned in
the three
preceding
paragraphs are
prohibited until
eledion day).

ELECTION DAY
Campaigning (Sec.
3, oEC).
Casting of votes (From 700
o'clock a.m. to 3:00 o'clock
p.m.) (Sec.190,OEC)
Using the
voter's
affidavit of
another
for the purpose of
voting, whether or
not he actually
succeeds in voting.
lsec. 261 (v) (t0),
oEcl.
Destroying,
substituting, or
taking away from
the possession of
those having legal
custody thereof, or
from the place
where they are
leqally deposited,

Page 59 of 239
 any election form or
document or ballot
box which contains
official ballots or
other documents
used in the election.
lsec. 261 (z) (t2),
OECI. (NOTE: May
be commiffed before
or even after
election day)

Counting and canvassing Voting more than

of votes and proclamation once or in
of winning candidates substitution of
immediately after closing another (Sec. 26t
of polls. (z) (2) and (3),
oEC).

Soliciting votes or
undertaking any
propaganda for or
against any
candidate within the
polling place or
within thirty (30)
meters thereof.
(Sec. 261 (cc), (6),
oEC).

Selling, furnishing,
offering, buying,
serving or taking
intoxicating liquor,
etc. (sec. 26l, (dd),
oEC).

Opening of booths or
stalls for the sale,
etc. of wares,
merchandise or
refreshments within
thirty (30) meters
radius from the
polling place (Sec.
261, (dd) (2), oEc).
Giving, accepting
free transpotation,
food, drinks and
things of value (Sec,
89, OEC).
Holding of fairs,
cockfights, boxing,
horse races or
similar sports (Sec.
261 (dd), (3), oEC).

Not later than one (1) month Last day to file Statements
after the day of the election of Contributions and

Page 60 of 239
 Expenditures (SOCE)
(Sec.14, R.A.7166).

The above-mentioned calendar of activities is without prejudice to the powers vested upon
the Commission to designated other dates for certain pre-electlon activities pursuant to Section
29 of Republic Act 6646.

Afticle VI
CONSTITUTION, COMPOSTTION, AN D APPOINTMENT OF
ELECTORAL BOARDS, DESO/ AND SUPPORT STAFF

SEC. 119. Scope. -fhis Article shall apply to the constitution, composition, and
appointment of the EBs, DESO, and Suppoft Staff.

SEC. 12O, Electoral board.- There shall be an EB for every clustered prectnct.

SEC. 121. Authority to constitute and appoint the memberc of the

electoral board. - The Commission, through the EOs, shall constitute and appoint,
within the period provided in the Calendar of Activities, the EB for every clustered precinct
in the district, city, or municipality using the prescribed form (CEF No. 45 and A5-A -
copies of Appointment and Oath).

Copies of CEF No. A5 and A5-A shall be distributed as follows:

a) The first and second copies shall be retained by the EO. One copy shall be for
filing and the other shall be attached to the payroll for payment of honorarium
of the EB; and

b) The third copy shall be issued to the chairperson and members of the EB
concerned.

SEC, 122. Composition of the electoral board, - The EB shall be composed

of a chairperson, poll clerk, and third member.

As far as practicable, women EB members may not be assigned in areas with

security concerns, far flung barangays, or areas likely to cause gender-based violence or
to result in physical, sexual, or psychological harm.

SEC, 123, Right of preference. - In the appointment of the members of the EB,
the EO shall give preference to public school teachers who are qualified, willing, and
available to render election service.

For this purpose, the highest DepEd/MBHTE official, as the case may be, in the
district, city, or municipality shall submit to the EO a certified list of public-school teachers
and substitutes who are qualified, willing, and available to render election-related service
within five (5) days upon request, based on the POPs. The EO shall give preference to
those with permanent appointments and those who served in previous elections. The
request shall be accompanied by a copy of the POP.

The number of substitutes shall be 20% of the total number of members of the
EB to be appointed (i.e. 20 clustered precincts x 3 = 60 x 20o/o = 12, hence, 12
substitutes).

In the preparation of such list, the DepEd or MBHTE official shall exercise due
diligence to ensure that the persons appearing in the said list are indeed public-school

Page 61 of 239
teachers, who are qualified, willing, and available to serve as members of the EB. Further,
the list is for recommendatory purposes only.

Within three (3) days from receipt of the list, the EO shall immediately conduct
verification on the qualifications of the persons appearing in the said list based on the
qualifications set forth in the immediately succeeding section'

Public-school teachers not included in the list, who are qualified, willing and
available, may apply directly to the EO.

SEC. 124, Qualifications of members of the electoral boad,- No person

shall be appointed as a member ofthe EB, whether regular, temporary, or as a substitute,
unless such person is:

a) A registered voter in the city or municipality;

b) Of good moral character and irreproachable reputation;
c) Of known integrity and competence;
d) Has never been convicted of any election offense or of any crime punishable
by more than six (6) months of imprlsonment, or has no pending Information
for any election offense; and
e) Able to speak and write Filipino, English, or the local dialect.

SEC. l2s,Disqualification of members of the electoral board.- No person

shall be appointed as a member of the EB if said person is related, within the fourth (4th)
civil degree of consanguinity or affinity, to any member of the same EB, to any candidate
to be voted for in the polling place of assignmenl or to the said candidate's spouse.

SEC. 126. Notice of disqualification. - The chairperson or any member of the

EB who is disqualified to serve for any reason shall immediately notify, in writing, the EO
concerned.

SEC. 127, Posting of the list of the constituted members of the electoral
boards. - A day after the constitution of the EB, the list of the constituted members and
substitutes shall be posted for five (5) days on the bulletin boards in the OEO and in the
city or municipal hall.

SEC. 128. Opposition to the constituted members ofthe electoral boards.

Within three (3) days from the posting of the list of constituted members of the EB or the
posting of the final list of candidates, any interested party may file a written opposition
under oath against any constituted members of the EB at the OEO.

In case an opposition is filed, the EO shall observe the following procedures:

a) Receive the written opposition. No opposition shall be acted upon by the EO,
unless there is proof that a copy of the opposition has been furnished to the
contested member;

b) Issue a notice to the contested member to answer the opposition. A written

answer under oath shall be filed within two (2) days from receipt of such
notice. No answer shall be considered by the EO, unless there is proof that a
copy of said answer has been furnished to the opposing party;

c) With or without an answer, issue a notice stating the date, time, and place of
the evaluation of the opposition. The notice shall be personally delivered to the
known addresses of the parties;

d) Within a period of seven (7) days from recelpt of the opposition, the EO shall
resolve the opposition in writing stating the reason/s for the decision. The
decision shall be final and non-appealable; and

I'age 62 of 239
 e) Copies of the decision shall be furnished to the parties and the concerned
DepEd/MBHTE official.

Non-appearance of the parties shall not be a ground for the dismissal of the
opposition or disqualification of the contested member, nor shall effectively bar the EO
from conducting further investigation on the qualifications of the contested member.

SEC. L29. Appointment of public-school teachers as substitutes, - In case

of disqualification of a member of the EB, the EO shall appoint a substitute who is qualified,
willing, and available.
In the appointment of substitutes, the EO shall observe the procedures in Sections
124 and 125, hereof.

If the designation of public-school teachers as substitutes is no longer feasible,

other qualified substitutes as enumerated in the succeeding rule may be appointed.
SEC. 13O, Appointment of qualifred substitutes. {n case there are not
enough public-school teachers, who are qualified, willing, and available, other qualified
substitutes may be appointed by the Commission, through the EO, in either of the
following grounds:

a) There is a lack of public-school teachers to be constituted as members of the

EB based on the certified list submitted by the DepEd/MBHTE official to the EO
vis-i-vis the number of clustered precincts in the district, city, or municipality;
or

b) One or more of the public-school teachers in the certified list has or have been
disqualified by the EO and there are no other public-school teachers in the
locality who are qualified, willing, and available to be appointed as substitute/s.

Substitutes shall be on-call on election day. The EO shall cause the deployment of
a substitute in case any member of the EB fails to report in their designated polling place.
Except in the following instances when there is a need to fill in a temporary vacancy, the
members of the EB who are present, may appoint a qualified non-partisan registered
voter, who shall serve until the regular or substitute member appears:

a) There is considerable distance between the residence ofthe substitute and the
location of the polling place;
b) Lack or difficulty of means of transportation; or
c) Inability of the EB to inform the EO of the non-appearance of any of the
member.

SEC. 131. Order of preference. In case any of the circumstances mentioned

-
in the preceding section exists, the EO may appoint the following persons based on their
order of preference, who shall likewise be qualified, willing, and available to render
election related service, to wit:

a) Private school teachers, giving preference to:

a.1. Those employed in private schools being utilized by the Commission

as voting centers. If the voting center is a public building, private school
teachers whose place of employment is within the vicinity may be appointed
as members of the EB in that pafticular area.
a.2. Those teaching in high school or college level, holding regular
positions who have previously served as member of the EB.

For this purpose, the highest private school official shall submit to the EO,
within five (5) days upon request, a certified list of private school teachers who
are qualified, willing, and available to render election-related service.

Page 63 of 239
b) National government employees;

b.1. DepEd/MBHTE non-teaching personnel;

b.2. Other national government omcials and employees holding regular or
permanent positions, excluding uniformed personnel of the Depaftment of
National Defense (DND), all its attached agencies/ and the Philippine National
Police (PNP), except In cases provided in Sec. 147 hereof;

c) Members of the Commission-accredited citizens' arms of other Civil Society

Organizations (CSOs) and Non-government Organizations (NGOs) duly
accredited by the Commission; and

d) Any registered voter of the city or municipality of known integrity and

competence who is not connected with any candidate or political party;

d.1. Connection with any candidate shall mean:

d.1.1. relationship within the fourth (4s) civil degree of consanguinity
and affinity, including the spouse of the candidate;
d.1.2. supporter;
d.1.3. contributor, donor; or
d.1.4. other analogous cases.
d.2. Connection with any political party shall mean:
d.2.1. members of officials of the political party and their spouses and
members of the family within the fourth (4s) civil degree of
consanguinity and affinity;
d.2.2. contributor, donor;
d.2.3. supporter; or
d.2.4. other analogous cases.

For this purpose, the following persons shall endorse a ceftified list of their
respective personnel, who are qualified, willing, and available to render election-
related service, based on the POP to the EO within five (5) days upon request, to
wit:
a. The highest official of the private school in the district, city or
municipality, in case of letter (a) above. In case there are two or more
private schools in the district, city or municipality, the EO shall send a
request simultaneously;

b. The DepEd or IVIBHTE official in case of letter b.1. above;

c. The highest official of other national government agencies in the

district, city, or municlpality in case of letter b.2. above, if any; or

d. The highest officer authorized representative of the local chapter of

Commission-accredited citizens' arms or other CSOs and NGOs duly
accredited by the Commission in the district, cify, or municipality, in
case of letter c above. In case there are two or more organizations in
the district, city, or municipality, the EO shall send the request
simultaneously;

e In cases of letters a and d, the EO shall observe the policy on first-

come fi rst-served basis.

The endorsement of the heads of the agencies shall serve as an authority

for their respective employees who shall render election-related service to be on

Page 64 of 239
 offlcial business for purposes of attending trainings or seminars relative to their
appointments as members of the EB.
In the preparation of the list, the aforementioned officials shall exercise
due diligence to ensure that the persons appearing therein are indeed qualified,
willing, and available to render election-related service.
Private school teachers, national government employees, DepEd/MBHTE
non-teaching personnel, other national government officials, and employees
holding regular or permanent positions, excludlng uniformed personnel of the DND
and all its attached agencies, and members of the Com mission-accredited citizen
arms/ or other civil society organizations, and non-governmental organizations
duly accredited by the Commission, not included in the Lists, who are qualified,
willing and available, may apply directly to the EO.
Further, the Commission shall provide, free of charge, an application form,
which shall be made available at the OEOs for any registered voter who intends to
be appolnted as a member ofthe EB. The ITD ofthe Commission shall ensure that
the said form may be downloaded from its official website for easy access thereto.
SEC. 132, Posting of notice of date, timg and place of filing of application
of qualified substitutes, - The Commission shall set the period within which
applications for qualified substitutes falling in Section 131 (d) may be filed. At least three
(3) days before the stat of the period for the filing of applications, the notice of the date,
time, and place of filing shall be posted on the bulletin boards in the OEO and in the city
or municipal hall.
SEC. 133, Posting of the List of applicants and filing of opposition. - Upon
receipt of the certified lists mentioned in Section 131 above and after the last day of the
period for filing of applications, the EO shall observe the procedures mentioned in Sections
127 and 128, hereof.

SEC. 134. Authority to administer oath, - The EO shall have the power to
administer oath in all cases where said oath is required, free of charge.
SEC. 135, Oath of the chairperson and members of the electoral board.
Before assuming office, the chairperson or members of the EB shall take and sign an oath
using CEF No. A5 and A5-A before an officer authorized to administer oath or, in the
absence of said officer, before any other member of the EB present, or in case no one is
present, before any voter.

-
SEC. 136, Powerc and functions of the electoral board, In addition to the
powers and functions prescribed by law or by the rules and regulations issued by the
Commission, the EB shall:

a) Veritr/ the identity of a voter using the EDCVL;

b) Conduct the voting in the polling place and administer the counting of votes;

c) Act as deputies of the Commission in the supervision and control of the

conduct of elections in the polling place;

d) Maintain order within the polling place and its premises to keep an open and
unobstructed access thereto;

e) Prohibit the use of cellular phones, cameras/ or any recording device by the
voters during voting;

f) Enforce obedience to its or the Commission's lawful orders.

If any person refuses to obey the lawful orders of the EB or of the Commission
or conducts in a disorderly manner in the presence of the former, or within

Page 55 of 239
 its hearing and thereby interrupts or disturbs its proceedings, the EB may
issue an order in writing directing any peace officer to take such person into
custody until the adjournment ofthe meeting, but in no case shall such order
be executed as to prevent such person from voting.

In the absence of any peace officer, such order may be implemented by any
other competent and able person deputized by the EB in writing, A copy of
such wrltten order shall be attached to the Minutes;

S) Furnish copies of the Certificate of Votes (C.E. Form No. 13) upon request of
the watchers; and

h) Perform such other functions prescribed by law or by the rules and

regulations promulgated by the Commission.

SEC. 137, Voting privilege of the memberc of the electoral board -

Members of the EB may vote in the polling place where they are assigned on election day,
provided that:

a) They are registered voters of the barangay where they are assigned; and
b) They shall add their names and precinct numbers and the place where
they are actually registered in the EDCVL, and note such fact in the
Minutes.

Any member of the EB, who is a registered voter of another barangay, may vote
in the polling place where they are actually registered, provided that:

a) The voting in their place of assignment is light;

b) Their absence shall not be for more than thirty (30) minutes;

c) The members of the EB shall schedule the voting so that only one (1) member
shall leave at any given time;

d) They must be given priority in voting; and

e) The fact that they exercised their voting privilege shall be noted in the Minutes.

SEC, 138. Meetings of the electoral board. - The meetings of the EB shall be
public and held only in the polling place authorized by the Commission.

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.
SEC. 139. Prohibition on politial activity. - No member of the EB shall engage
in any partisan political activity or take part in the election, except to vote and discharge
his/her duties as such.
SEC. 140. Temporary vacancies in the electoral board, -lf
atthe time of the
meeting of the EB, any member is absent or a position in the EB is still vacant, the
members present shall call upon the substitute of the absent members to pefform the
duties of the latter. In case such substitute cannot be found, the members present shall
appoint any qualified non-partisan registered voter of the polling place to temporarily fill
in said vacancy until the absent member appears or the vacancy is filled. In case there
are two (2) or more members present, they shall act jointly.
SEC. 14f, Artest of absent member. - The members of the EB present may
order the arrest of any member or substitute thereof, who, in the member's or members
judgment, is absent with the intention of obstructing the pedormance of the duties of the
EB.

Page 66 of 239
 SEC. 142. Relief and substitution of the members of the electorat board,
The members of the EB shall not be relieved unless disqualified as provided in this
Article.

SEC. 143, Suppott staff of the electoral board. -

The EO shall, during the
period for the constitution and appointment of the EB, appoint one (1) support stiff to
assist the EB in the performance of its duties.

The support staff need not be a registered voter of the city or municipality but must
possess all the other qualifications and none of the disqualifications for appointment to
the EB.

The numbers of additional support staff that may be appointed per EB are as
follows:

Number of Established Number of Additional EB

Precincts in the Clustered Support Staff
Precincts (for both Barangay
and SK)
1to3 0

4 1

5 or more 2

The EB support staff cannot pafticipate in the deliberatlon of the EB or vote on any
issue or question that may arise during the proceedings.

In case of absence of any of the support staff on the day of the election, the EB,
by majority vote, may designate a substitute who need not be a registered voter of the
city or municipality, but possesses all the other qualifications and none of the
dlsqualifications for appointment as support staff.

For purposes of the October 30,2023 BSKE, the foregoing section shall not apply.

SEC, 144. Department of Education,/Ministry of Basic, Higher and

Technical Education Superuisor Official and support staff; composition,
qualiftation and functions. -Fot purposes of the October 30, 2023 BSKE, the EO shall,
within the period for the constitution and appointment of the EB, constitute one (1) DESO
and one (1) DESO Support Staff, for every voting center.

DESO and Support Staff need not be registered voters of the city or municipality or
district where they are assigned but must possess all the other qualifications and none of
the disqualificatlons for appointment to the EB.

For the succeeding BSKEs and whenever applicable, the EO may constitute an
additional DESO and support staff in accordance with the following table:

(a) For DESO:

Number of Clustered Number of Additional

Precincts DESO
11-20 I

2t-30 2

31-40 and so forth 3

usinq the same ratio

Page 67 of 239
 (b) For DESO Support Staff

Number of Clustered Number of Additional

Precincts DESO Support Staff
6-10 1

11-15 2

16-20 and so fofth 3

uslnq the same ratio

The DESO, in coordination with the EO, shall:

a. Plan, organize, lay-out, and supervise the sefting up of a Voters'
Assistance Desk (VAD) at the voting center to assist voters in locating
their polling places or precinct assignments, including APPS and EAPPS;

b. Supervise the strategic posting of the layout of the voting center

indicating/showing the location of the polling places of the clustered
precincts in the voting center, as well as the posting of other signages,
which shall guide the voters in the voting process.

C Plan, organize, and supervise the crowd management at the ingress

and egress areas of the polling places;

d. Maintain a list of PNP and AFP personnel, assigned in the voting center
for efficient coordination;

e. Supervise and maintain the APP and EAPP or makeshift EAPP, as the
case may be, in the voting center;

f. Serve as the contact and point person of the EO in the polling place or
voting center;

g. Supervise the Support Staff in the exercise of their duties and functions
as provided in the succeeding sections hereof;

h. Designate each DESO Support Staff to their respective clustered

precincts; and

i. Perform such other functions prescribed by law or by the rules and

regulations promulgated by the Commission.

SEC. 145. DESO EAPP suppo,t staff,, -The EO shall appoint EAPP support staff
in every voting center, where an EAPP will be set-up as approved by the Commission.
The EAPP support staff shall enjoy the same emoluments as other support staff members
as provided in this Article.

SEC. 146. Reportorial requircmerrtr. -The EO shall, within three (3) days from
the constitution, appointment and designation ofthe (a) members of EB and their support
staff (b) DESO and their support staff. (c) EAPP DESO Support Staff, submit to the OPES,
the following:
a. List containing the names of the appointed members of the EB, their
designations and an indication whether they are public school teachers or

Page 68 of 239
 private school teachers or civil service employees or private citizens, arranged
by precinct;

b. List containing the names of the appointed support staff of the EB, an
indication whether they are public school teachers or private school teachers
or civil service employees or private citizens, arranged by precinct; and

c. List containing the names of the appolnted DESO and their suppot staff, an
indication whether they are public school teachers or private school teachers
or civil service employees or private citizens, arranged by polling/voting
center,

The PES shall, within three (3) days from receipt of above enumerated documents,
submit the same to the ORED, which shall then submit immediately the lists to the FSD
and EBAD through the fastest possible means. Soft copies in PDF format are likewise to
be submitted through email at finance@comelec.qov.ohand ebad@comelec.oov.ph.

SEC, L47 . Deputation of memberc of the PNP. - Unifotmed personnel of the

PNP who have undergone trainings may be deputized as a lvlember of the EB, in the
following instances:
A. In areas classified under RED category or declared under COMELEC
Contro!, the Regional Election Director (RED) as Head ofthe Regional
Joint Security Coordinating Council (RJSCC) shall:

1. Coordinate with the PNP Regional Director on the briefing of PNP personnel
as EB members;
2. Determine the exact number of PNP personnel needed, where to source
them out, venue and other relevant matter;
3. Provide the lecturer and the brieflng materials;
4. Prepare the contingency deployment plan for the utilization of PNP
personnel as EB members; and
5. Submit corresponding repoft to the Commissioner - in Charge (CIC)
through the PMO 2023 BSKE.

B. In areas with requests for utilization of PNP personnel:

1. The EO shall forward any request to the Provincial Joint Security

Coordinating Council (PJSCC) through the Provincial Election Supervisor
(PES) being the Head of the PJSCC, for evaluation;
2. The PJSCC shall submit its corresponding recommendation to the USCC;
3. The RJSCC shall submit the same to the Committee on the Ban of Firearms
and Security Concerns (CBFSC), for approval/disapproval, copy furnished
the CIC through the PMO 2023 BSKE; and
4. Upon approval thereof, the RED shall follow the protocol provided in letter
A above.

C. In areas with no qualified, willing and available public-schoo!

teachers to render election related service and that the hierarchy of
the order of preference provided in the "Election Service Reform Act"
(ESRA) has been exhausted, based on the certification issued by concerned
officials mentioned in the Order of Preference.

1. The EO shall submit a report to the PJSCC, with attached cetification that
there are no other qualified, willing and available persons to render election
service in the concerned district, city or municipality issued by the concerned
officials above mentioned'
2. The PJSCC shall forward ihe report to the RJSCC;

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 3. The RISCC shall transmit the same to the CBFSC, for approval/disapproval,
copy furnished the PMO BSKE; and
4. Upon approval thereof, the RED shall follow the protocol provided in letter A
above.

The required CERTIFICATION, that there are no other qualified, willing and
available persons to render election service in the concerned district, city or
municipality shall be issued by the following:

1. The highest DepEd official for both public school teachers and DepEd non-
teaching personnel;

2. The highest official/s of the private school/s;

3. The highest official/s of other national government agencies; and

4. The highest offlcer/s or authorized representative/s of the local chapter of

Commission-accredited citizens'arms or other CSOs and NGOs duly accredited by
the Commission.

D. In the event that the EBs failed to report during the deployment of
forms and supplies in the early morning of Election Day:

1. The EO shall report the matter to the RJSCC through the RED, copy
furnished the PJSCC;
2. The USCC shall authorize the deployment of PNP who were trained as
standby EBs, referred to in the preceding paragraph and submit a report
to the CIC through the PN4O BSKE, re: Deployment of PNP Personnel.

SEC. 148. Entitlement of honoraria, allowances, seruice oedits and other

benefits. -
Persons rendering election-related service shall be entitled to the following:

a, Honorarium and allowance. - The Chairperson and members of the EB,

theDESO and their respective Support Staff shall be entitled to the
corresponding honoraria and allowances:

Chairperson of the EB P10,000.00

Ivlember of the EB P9,000.00

DESO P9,000.00

Support Staff P5,500.00

b. Service Credit. - A minimum of five (5) days service credit shall accrue to
all government officials and employees serving as EB, DESO, and Support
Staff.

SEC. 149, Period of paymenf. - The honoraria and allowances mentioned in

the immediately preceding section shall be paid within fifteen (15) days from the date of
election.

SEC. 15O. Delay in the payment of honoraria and allowances; effeLt. -

Any person who makes or causes delay in the payment of honoraria and allowances due
to persons who rendered election-related service beyond fifteen (15) days from the date
of election shall be liable for an election offense.

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 sEc. 15r, other benefits. - persons rendering election service sha be entitled
to the following:

a Death Benefits - The amount of Five Hundred Thousand pesos (p500,000.00)

shall be awarded to the beneficiaries of persons who died due to election-
related risk.

b. Medical Assistance - An amount not exceeding Two Hundred Thousand pesos

(P200,000.00) shall be awarded to the person who rendered election-related
service and suffered election-related injury or illness.

SEC. L52, Legal indemnification package, - An equitable legal

indemnification package for persons who rendered election-related service and have been
a party in any administrative, civil, or criminal action, suit or proceeding, by reason of or
on the occasion of performance of their functions or duties as such is hereby established
in the form of:

a. Legal assistance;
b. Lawyert fees;
c. Indemnification for legal costs and expenses reasonably incurred; and
d. Other forms of legal protection.
The Legal indemnification shall not cover any action or suit initiated by the claimant
in the latter's personal capacity or on behalf of the Commission, unless such action,
proceeding or claim was authorized by the Commission.

SEC. 153, Funds for legal indemnifiation package. The amount of Fifty
-
Thousand Pesos (P50,000.00) as legal indemnification package shall be made available to
each claimant.

SEC. 154, Committee on Claims and Assessment - Claims for other benefits
and legal indemnification package shall be filed with the Committee on Claims and
Assessment (CCA) through the EO. The CCA shall be composed mainly of the ODEDO,
Law Department, Personnel Department and FSD.

SEC. 155, Legal assistance. - A person who rendered election-related service

is hereby authorized to engage the services of a government or private lawyer immediately
upon receipt of a notice that a civil or criminal action, suit or administrative proceeding
relating to any election service has been filed against said person.

SEC. 155. Lawyer's fees - In the engagement of the services of a government

lawyer, no claims for lawyer's fees shall be awarded.

Should the claimant prefer to engage the services of a private lawyer, the
Commission, upon the recommendation of the CCA of the concerned national government
agency shall bear the reasonable lawyer's fees of the counsel of choice, which, in no case,
shall exceed the maximum limit of the legal indemnification package herein provided,
otherwise, the former shall bear the excess.

In the event that private lawyers accept the case "pro bono", no claims for lawyer's
fees shall be awarded.

SEC. 157, Legal cosE and other reasonable expenses -

Legal costs shall
constitute the expenses directly incurred by reason of the election-related service case,
such as but not limited to:

a. Filing fees, if applicable;

b. Mailing;
c. Notarial fees; and
d. Gathering of and photocopy of evidence.

Pag,c 71 of 239
 A reasonable amount from the legal indemnification package shall be allocated by
the Commission for the payment ofthe actual expenses incurred for legal costs and other
reasonable expenses.

SEC. 158. Other forms of legal protxtion -

The claimant may avail of any
legal protection and remedies available under existing laws by filing a request for legal
protection with the CCA.

If, upon evaluation, the CCA finds the request to be meritorious due to existing or
imminent threat, violence, harassment or intimidation against the claimant or any
immediate member of claimant's family, it shall recommend to the Commission En Banc,
the deputation of law enforcement agencies to provide security to the claimant and/or
claimant's immediate family member within a specified period of time or until such time
that the condition for the protection no longer exists.

SEC. 159, Entitlement to legal indemnification package. - The Claimant

shall be allowed reimbursement for reasonable legal expenses incurred if found not guilty
of an election offense or exonerated from civil, criminal or administrative case filed against
him, in relation to election-related service, subject to usual accounting and auditing rules
and regulations of the COA.

Afticle VII

Chapter I
FILING OF CERTIFICATE OF CANDIDACY

SEC. 160, Otricials to be elected. - The officials to be elected in each barangay

are the following:

a For the Barangay Elections: One (1) Punong Barangay and seven (7)
Members of the Sangguniang Barangay (SB);

b. Fot the Sangguniang Kabataan (SK) Elections: One (1) Chairperson and
seven (7) Members of the SK.

SEC. 161, Qualifications for punong barangay and member, SB.

a. A citizen of the Philippines;

b A registered voter in the barangay where the aspirant intends to be

elected;

c A resident in the said barangay for at least one (1) year immediately
preceding the day of the election;

d Able to read and write Filipino or any other local language or dialect;
and

e. At least 18 years of age on election day.

SEC. 162. Qualifications for chairpercon and member, SK.

a. A citizen of the Philippines;

b. A qualified voter of the Katipunan ng Kabataan (KK);

c. A resident of the barangay for not less than one (1) year immediately
preceding the day of the elections;

Page72 of 239
 d At least eighteen (18) years old but not more than twenty-four (24)
years of age on the day of the elections;

Able to read and write Filipino, English or the local dialect;

f. Must not be related within the second (2nd) civil degree of consanguinity
or affinity to any incumbent elected national official or to any incumbent
elected regional, provincial, city, municipal, or barangay official in the
locality where aspirant seek to be elected; and

S. Must not have been convicted by final judgment of any crime involving
moral turpitude.

SEC. 163. Voter registration requiremenf Aspirants for the positions of

-
Punong Barangay and SB Member must be registered voters in the barangaywhere they
respectively intend to be elected, while aspirants for the positions of Chairperson and SK
Member must be qualified voters of the r(,(.

For this purpose, the Election Officer shall verify from the database as to whether
the aspirant is a registered voter in the barangay where he or she intends to be elected
or a qualified voter of the KK.

SEC. 164, Age requirement of chairperson and member, Sr( - Aspirants for
the positions of Chairperson and Member, SK must be at least eighteen (18) years but not
more than twenty-four (24) years of age on the day of the elections.

For purposes of the October 30,2023 BSKE, aspirants should be born on October
30, 1999 to October 30, 2005 to qualif,/ for the position aspired for.

SEC. 165. Remedyfor Non-Acceptance by the Receiving Otricer of the

Certifrate of Candidaq in Ca* of Appa,ent Non-Compliance with Voter
Registration and Age Reguiremenb. - The Receiving Officer shall not receive the
COC in any of the following instances:

a The aspirant is not a registered voter or qualified voter of the KK as

verified from the database of the Election Offtcer concerned;

b The aspirant for the position of Punong Barangay, SB Member,

Chairperson or SK Member failed to pass the age requirement for the
position aspired for.

The non-receipt based on the enumerated grounds shall be without prejudice to the
filing of appropriate petition with the Clerk of the Commission by the aspirant whose COC
was not accepted by the Receiving Offcer.

SEC. 165, Certificate of Candidacy. - No person may run for the position of
Punong Barangay, SB Member, SK Chairperson, or SK l4ember unless the aspirant
accomplishes a sworn COC in the form prescribed by the Commission for the position
aspired for.

No person shall be eligible to run for more than one office to be filled in the same
election.

SEC. 167, Effect of filing a Certificate of Candidacy for mote than one
office. - An aspirant who files a COC for more than one office shall not be eligible for any
of them.

However, the aspirant may personally, or through an authorized representative, file

with the Office of the Election Officer concerned, a sworn Statement of Cancellation to

Page 73 of 239
maintain the desired office and cancel the COC for the other office or office/s, before the
expiration of the period for the filing of COC.

SEC. 168, Contents and form of Statement of Cancellation; Statement of

Cancellation if not personalty filed, - The Statement of Cancellation shall be under
oath and shall contain the following:

a The date of filing of aspirant's COC;

b The receiving olflce that received aspirant's COC;

c The COC for the office/s to be cancelled by the aspirant;

d The COC for the desired office to be maintained/retained by the aspirant.

The Statement of Cancellation may be filed by an authorized representative of the

aspirant, provided that the authorized representative shall present (y' valid Identiflcation
Cards of the aspirant and the authorized representative, and (i0 Authotity to Submit
Statement of Cancellation, which must be under oath and containing the original specimen
signatures of both the asplrant and the authorized representative.

Sample forms of the Statement of Cancellation and Authority to Submit Statement

of Cancellation are attached as Annexes "J" and "J-1", respectively.

SEC, 169, Contents and forms of Certificate of Candidacy. - The COC shall
be under oath and shall state:

a Office aspired for;

b Name of the aspirant;

c Age on election day;

d Sex;

e Civil Status;

f. If married, the name of the spouse;

s Place and date of birth;

h Citizenship;

Execution of a sworn renunciation of foreign citizenship (if applicable);

.l Complete address for election purposes;

k. Residence, giving the exact address and the number of years residing in
the barangay where the aspirant intends to be elected up to the day
before the election;

The barangay, city or municipality and province where the aspirant is a

registered voter;

m Profession or occupation;

n Official e-mail address ofthe aspirant, for notice and election purposes;

o That the aspirant is eligible for said office;

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 p That the aspirant is not a permanent resident or an immigrant to a
foreign country;

q That the asplrant will file, with the Commission, within 30 days after
Election Day, a full, true and itemized Statement of Contributions and
Expenditures (SOCE) in connection with the election;

r That the aspirant will support and defend the Constitution of the
Republic of the Philippines and will maintain true faith and allegiance
thereto;

s That the aspirant will obey the laws, legal orders, decrees, resolutions,
rules and regulations promulgated and issued by the duly-constituted
authorities;

t That the aspirant assumes the foregoing obligations voluntarily without

mental reservation or purpose of evasion;

u That the aspirant shall not advocate violence or unlawful means to

achieve onet goals;

That the aspirant gives consent to the Commission to collect, disclose or

share, and process the personal data provided for election and other
lawful purposes in accordance with the Privacy Notice and as may be
authorized by existing laws;

That the facts stated in the ceftificate are true and correct to the best
of the aspirant's knowledge;

X Original signature over the printed name of the aspiranvcandidate or

digital signature as defined under existing laws and rules; and

Whether the aspirant has been found liable for an offense/s which
carries with it the accessory penalty of perpetual disqualification to hold
public office, which has become final and executory.

Unless there was an official change of name through a court-approved proceeding,

an aspirant shall use in the COC: (y' the name registered in the Office of the Local Civil
Registrar; (ii) the name by which such aspirant has been baptized or (iii) any other name
under the provisions of existing law or in the case of a Muslim, a Hadji name after
performing the prescribed religious pilgrimage. However, when there are two or more
aspirants for an office with the same name and surname, each aspirant, shall need to
state a paternal and maternal surname, except the incumbent who may continue to use
the name and surname stated in the COC when last elected.
Aspirant may include one nickname or stage name by which the aspirant is generally
or popularly known in their locality; Provided that, no aspirant shall use the nickname or
stage name of another. Only one nickname or stage name shall be considered.

Aspirant shall also affix a passport-size photograph taken within the last six (6)
months, and may attach a bio-data and program of government not exceeding one
hundred (100) words.
A P30.00 documentary stamp tax shall be attached to one (1) of the copies of the
COC and the documentary stamp tax number shall be written on the remaining two (2)
copies of the COC. Provided that the COC with the attached document stamp tax shall be
deemed the original copy of the COC.

In case a documentary stamp of P30.00 is unavailable, two (2) documentary stamps

of P15.00 shall be attached to the COC. The COC shall not be invalidated if all the copies
have attached documentary stamps.

Page 75 of 239
 The coc shall be sworn to before a Notary Public or any officlal authorized to
administer oath. For this purpose, Election Offlcers within their areas of jurisdiction shall
be allowed to administer oath on the COC and all other related documents, free of charge
even in their capacities as notaries public.
In case of discrepancy or Inconsistency in the three (3) copies ofthe coC submitted,
the copy in possession of the Election Records and statistics Department (ERSD) shall
prevail.

Aspirants must ensure that all items in the COC are fllled out completely, both in the
front and back pages. If in case certain item in the COC is not applicable to the aspirants,
they shall indicate "N/A" or "Not Applicable".
The aspirant/candidate shall affix an initial following any corrections or erasures in
the COC form.
The forms of the COC shall be printed on both sides (front and back) of a folio size
(8.5" x 13J or legal size (8.5" x 14') copy paper.
The COC forms are attached as Annexes "K", "K-t", "K-2", and "K-3".

SEC. 170. Contents of Certificate of Candidacy applicable to SK positions

- The CoC for SK positions shall likewise state under oath that:

a. Aspirant is a qualified voter of the KK of the barangay where one seeks to

be elected;
b. Aspirant is not related within the second (2nd) civil degree of consanguinity
or affinity to any incumbent elected national official or to any incumbent
elected regional, provincial, city, municipal, or barangay official in the
locality where aspirant seeks to be elected to; and
c. Aspirant must not have been convicted by final judgment of any crime
involving moral turpitude.

SEC. 171, Where to file Certificate of Candidacy, -Ihe COC shall be filed in
three (3) legible copies with the Office of the City or Municipal Election Officer having
jurisdiction over the barangaywhere the aspirant seeks to be elected.

In cities or munlcipalities where there are two (2) or more Election Officers, the
COC shall be filed with the Office of the Election Officer of the District having jurisdiction
over the aspirant's barangay.

Any COC filed with the incorrect office shall be deemed as not filed. No COC filed
by mail, electronic mail or facsimile shall be accepted. The filing of the COC of a substitute
aspirant, in case of valid substitution, shall be filed in accordance with Section 186 of
these guidelines

The COC shall be filed by the aspirant personally or through an authorized

representative with a sworn and signed Authority to File the COC.

No filing fee shall be imposed for the filing of the COC.

A sample form of Authority to File COC is attached as Annex "L".

-
SEC. 172. Period for filing Ceftificate of Candidacy, For the October 30,
2023 BSKE, the COC shall be filed on August 28,2023 (Monday) to September 2,
2023 (Saturday) from 8:OO AM to 5:OO PM. For succeeding BSKES, the Commission
shall set the period for the flling of COC which shall be not later than ten (10) days
before the day of the election.

lf at4i45 PM during the filing ofthe COC, there are aspirants inside the designated
queuing/waiting area intending to file their respective COCS, the Office of the Election
Officer shall:

Page 76 of 239
 a. List down the names of aspirants inside the designated queuing/waiting
area with completely filled out COCS. If the COCs are not properly filled
out, the name of the aspirant shall not be listed and instead, aspirant
shall be instructed to complete the COC;

b. The names ofthe aspirants shall be consecutively numbered, indicating the

time of listing (queue time);

c. Announce the name of the aspirant in the order listed to proceed with the
filing of COC at a later time.

d. If the name of the aspirant is called beyond 5:00 pM and he fails to appear
as called, the Receiving Officer is authorized to refuse acceptance of the
coc.

The same procedure shall be observed if at 5:00 PM of the last day of filing of the
COC, there are still aspirants inside and within thirty (30) meters from the designated
queuing/waiting area.

Only the COCs of those whose names were listed by the Office of the Election
Officer shall be accepted.

The Receiving Officer shall only stamp each copy of the COC the word "received"
with the date and actual time of receipt and shall be deemed filed on time.

An incomplete COC shall not be accepted and shall not be stamped as received on
time even when the aspirant is present and waiting to be called. An Incomplete COC
includes but not limited to the following: no documentary stamp attached, no original
signature ofthe aspirant or digital signature as defined under existing laws and rules, not
notarized COC, no signature ofthe notary publiq incomplete address, no photograph, not
completely filled out COC.

Sample forms of the List of Aspirants in the Queuing/Waiting Area at 4:45 PM during
the period for the filing of COC and 5:00 PM of the last day for the filing of COC are
attached as Annexes "M" and "M-1", respectively.

SEC. 173, Report of non-rcceipt of Certificate of Candidacy, - The office of

the Election Officer shall submit a report on the list of aspirants whose COCs were not
received during the period for filing of COC, provlding the reasons therefor, and date it is
presented for filing.

If there is no such occurrence for the duration of the period for filing of COC, this
fact shall be indicated in the report.

Sample form of the report is attached as Annex "N".

SEC, L74. Effects of tiling Ceftificate of Candidacy,

a. Any person holding a public appointive office or position, including active

members of the Armed Forces of the Philippines (AFP), and other officers
and employees in government-owned or controlled corporations, shall
be considered ipso facto resigned from office and must vacate the office
at the start of the regular office hours of the day when the aspirant filed
the COC.

b Any person holding an elective office or position shall not be considered

resigned upon the filing of a COC whether for the same or any other
elective office or position.

Page 77 of 239
 SEC. 175. Ministeriat Duty of Receiving and Acknowledging Receipt ot
Certificate of Candidacy. - The Receiving Officer has the ministerial duty to receive and
acknowledge receipt of the coc; Provided that it is filed in conformity with these
guidelines.

For this purpose, the Receiving officer shall evaluate the Coc whether on its face,
it conforms to the rules and regulations of these guidelines and must ensure that all three
(3) copies of the COC pertain to the same office and are completely and properly filled-
out by the aspirant.

If the COCs are completely filled-out, the Receiving Officer shall stamp each copy of
the COC the word "received" with the date and actual time of receipt and shall affix a
signature thereon.

OtheMise, when any item of the COC both in the front and back pages is left
unfilled, the Receiving Officer shall require the aspirant to complete and fill out the item.
In case the COC is filed by an authorized representative of the aspirant, the Receiving
Officer shall not receive the COC and instead instruct the authorized representative to
inform the aspirant to complete and fill out the item left and file the same before the end
of the period for the filing of the COC.

Should the aspirants refuse to completely fill out all the items in the COC, the
Receiving Officer shall not accept the COC.

In any case, a COC not in the form prescribed by the Commission for the position
aspired for, incomplete COC, not signed or digitally signed under existing laws and rules
and those filed beyond the prescribed period, shall not be accepted.
The Receiving Officer who fails to observe these guidelanes shal! be held
administratively liable.
SEC. 176. Recording by the Receiving Officer of the CertificaE of
Candidacy as filed, -The Receiving Officer shall maintain separate log sheets for each
position and barangay, and enter the following data, leaving no space between entries:

a. Date and actual time of receipt;

b. Assigned consecutive number thereof;

c. Full name of the aspirant;

d. The office for which the candidate is seeking election;

The number of copies actually received;

f. The name and signature of the duly authorized representative, if the

COC is not filed personally by the candidate.

I The name and signature of the Receiving Officer; and

h Signature of the candidate.

SEC. L77, Log SheeB of the Certificate of Candidacy as Filed, - The

Receiving Officer shall observe the following guidelines in the entry of the preceding data
in the log sheets:

a There shall be separate log sheets for each position and barangay;

Page 78 of 239
 b The data shall be recorded in chronological order as they have been
received. Numbering shall be continued on the next day and should not
be restarted on each day for the duration of the period for filing of COC;

c If a wrong entry is recorded, the Receiving Officer shall strikethrough

with a single line the wrong entry and affix a signature;

d At 5:00 PM or after the time allowed for the filing of the COC, the
Receiving Officer shall close the log sheets by placing a line immediately
after the last entry and writing the word "closed";

e The Receiving Officer and at least two (2) witnesses, shall affix their
signatures immediately below the word "closed" and indicate the date
and exact time of closing;

t In case no COC is filed on a given date, the Receiving Officer shall enter
such fact in the log sheet or indicate the statement, "No COC filed", and
shall write the date and affix a signature;

s The Receiving Officer shall record the data continuously on the log sheet
and may use extra sheets if necessary.

The Log Sheets on the Filing of COC for each position and barangay are attached
as Annexes 'Oi 'O-1i "O-2" and "O-3", respectively.
SEC. 178. Submission of the number of aspirants who filed their
Ceftifiate of Candidacy. - On a daily basis, the Receiving Officer shall submit to their
respective Provincial Election Supervisors/ the Daily Repoft on the Number of Aspirants
who filed their COCs per elective position and by sex. The Offtce of the Regional Election
Director shall consolidate the reports and submit to the ERSD, through electronic mail at
ersd@comelec.gov.ph and copy furnish ersd.rsd@comelec.gov.ph.

The forms of the Daily Report on the Number of Aspirants who filed their COCs
per elective position and by sex are attached as Annexes "P", *P-1" and "P-2".

SEC. 179, Repofts of the Certificates of Candidacy received. -The Head of

the Receiving Office shall:

a Print a Certified List of Candidates as entered in the log sheets, affix a

signature and submit it to the ERSD, in PDF format through electronic
mail at ersd@comelec.gov.ph; and

b Using the program and the format provided by the Information

Technology Department (ITD), encode the candidates' information and
save the same in a compact disc (CD).

The Head of the Receiving Office shall make sure that the candidate's information
encoded are accurate and complete as stated in the COC of the candidate.

The Receiving Officer shall submit, through electronic mail, the Ceftified List ot
Candidates to the ERSD.

For purposes of the October 30, 2023, it shall be submitted not later than
September 6, 2023. For the succeeding BSKES, the Commission shall set the period
of submission of the Certified List of Candidates to ERSD.

SEC. 180, Preparation of the Ceftified Consolidated List of Candidates. -

Immediately after the last day for filing of COG, the Election Officer shall prepare a

Page 79 ot 239
ceftified consolidated list of all candidates in two (2) copies. The first copy shall be retained
by the Election officer concerned while the second copy shall be submitted pursuant
Section 182 of these guidelines.

SEC. 181, Distribution of Certifi@tes of Candidacy. - Copies of the COC for

the Barangay and SK Officials shall be distributed as follows:

a. Original Copy, to the ERSD, Commission on Elections, Manila;

b. Second Copy, to the Election Officer for file; and

c Third Copy, to the candidate.

SEC, 182. Delivery of Certificates of Candidacy and other documenE, -

trnr n, rrnncoc nf th e October 30 ) 0 ?? R.<KF on or before Seotember 5, 2023
(Tuesdav'|, the Election Officer concerned shall submit to the Provincial Election
Supervisor or to the Regional Election Director in case of the National Capital Region
(NCR), Davao City and Zamboanga City who shall, in turn, personally deliver, on
Seotember 5, 2023 (Wednesdav), the same to the ERSD, the following documents:

a Original copies of the COC;

b Report of Non-Receipt of Certificate of Candidacy;

c Log sheets;

d CD containing the candidates' information as encoded; and

e Hard Copies of the Certified Consolidated List of all Candidates for the
Barangay and SK elections for each barangay.

For the succeeding BSKEs, the Commission shall set the period within which to
submit the documents.

SEC. 183, Posting of the Certifred Consolidated List of Candidafes. - At

least ten (10) days before Election Day, the Election Officer shall post copies of the
certified consolidated lists of candidates both for lhe Barangay and SK Elections in the
Barangay Hall, Office of the Election Officer and two (2) other conspicuous places in the
Barangay.

SEC. 184, Withdrawal of Certificate of Candidacy. - Any person who has

filed a COC may withdraw the same at any time before Election Day, by personally filing
a sworn Statement of Withdrawal in triplicate copies with the Office where the COC was
filed.

The Statement of Withdrawal shall be distributed in similar manner as the COC,

furnishing the Electoral Board(s) concerned a copy of the same.

No Statement of Withdrawal filed by mail, electronic mail, or facsimile shall be

accepted.

No Statement of Withdrawal shall be filed by a person other than the aspirant,

except in cases provided in Section 185 of the guidelines.

The filing of a Statement of Withdrawal of a COC shall not affect whatever civil,
criminal or administrative liability a candidate may have incurred.

The form for the Statement of Withdrawal is attached as Annex "Q".

Page 80 of 239
 SEC. 185, Filing of Statement of Withdrawal by the duly authorizd
reprcsentative of the Candidate. - The duly authorized representative may file, on
behalf of the withdrawing candidate, the sworn Statement of Withdrawal of COC, only in
the following instances:
a. The withdrawing candidate was tested positive for COVID19;
b. The withdrawlng candidate was ldentified as a close contact with any
person who was tested positive for COVID19 and on quarantine or
isolation;

The form for the Authority to File Statement of Withdrawal is attached as Annex
*R".
SEC, 185. Substitution of candidates in ase of death. - If a candidate dies
after the last day for filing of COC, the candidate who died can be substituted by the
spouse of the deceased candidate.

For this purpose, the candidates shall enter the name of his or her spouse at the
back of the COC.

The substitute possessing all the qualifications and none of the disqualifications
provided by law for the office affected, may file a COC up to mid-day of election and shall
submit the ceftified true copy of the Death Certificate of the original candidate.

The substitute may file a COC for the office affected with the Receiving Officer
concerned. On the same day, the Receiving Officer shall immediately distribute the COC
in accordance with Section 181 of these guidelines.

The Regional Election Director is authorized to evaluate and act on all substitution.
All actlons of the Regional Election Director shall remain valid and effective unless
otherwise reversed or set aslde by the Commission. For this purpose, the Receiving Officer
shall immediately furnish the Regional Election Director concerned with a copy of the COC
of the substitute candidate.

If the death should occur between the day before the election day and mid-day of
election day, the substitute may file the COC with any of the Electoral Boards in the
political subdivision where the deceased candidate sought to be voted.

No substitution due to withdrawal or disqualification of the candidate shall be

allowed.

SEC. 187. Inclusion of the substitute in the list of official candidafer - The
name of the substitute shall be reflected in the Certified List of Official Candidates.
In case the name of the substitute is not reflected in the Cetified List of
Candidates, the Election Officer concerned shall manually strike out in the list the name
of the deceased candidate and shall write the name of the substltute in the space beside
the struck-out name of the deceased candidate. The Election Officer shall inform the
Electoral Boards concerned of the fact of substitution and shall also cause the widest
dissemination thereof.

SEC. 188. Apprviation of ballots in @se of substitution, -

a. If the name of the substitute is included in the List of Official Candidates,
votes cast in favor of the substitute shall be counted in favor of said
candidate;
b. If the name of the substitute is not included in the List of Official
Candidates, votes cast in favor of the deceased candidate shall be
counted in favor of the substitute.

SEC. 189, Forn6. - All forms mentioned in these guidelines are available at the
COMELEC Offices for free and may be photocopled or reproduced or downloaded from
the COMELEC official website at www.comelec.gov.ph.

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 The COC form shall be printed on both sides (front and back) of a folio (8.5" x
13t or legal (8.5" x 14') size copy paper.

SEC. 190. Compliane with the Data Privacy Act of 2072 and iB
fmpbmenting Rules and Regulations. -fhe Commission shall ensure that all its
procedures are compliant with the Data Privacy Act of 2012 and its Implementing Rules
and Regulations.

CHAPTER II
REQUEST FOR AUTHORITY TO TRANSFER VENUE FOR THE
FILING OF CERTIFICATE OF CANDIDACY

SEC. 191.Requ$t to Transfer Venue for the Filing of Are Certifrate of

Candidacy,- fhe Election Officer concerned may file a request for transfer of venue for
the filing of COC due to reasons such as, but not limited to security of aspirants and/or
Comelec employees, limited space or other valid grounds.

For purposes of the October 30, 2023 BSKE, the request to transfer venue for the
filing of COC shall be filed not later than July 28, 2023 (Friday). For succeeding BSKEs,
it shall be filed on such date as may be fixed by the Commission.

SEC. 192. Where to file. - fhe Election Officer shall file the request for transfer
of venue for the filing of COC with the Provincial Election Supervisor concerned.

Within three (3) days from the filing of the request, the Provincial Election Supervisor
shall recommend the approval or disapproval of the request to the Regional Election
Director.

The Regional Election Director shall act on the request within three (3) days from
receipt of the recommendation of the Provincial Election Supervisor.

In case of the NCR, Zamboanga City and Davao City, the Election Officer shall file
the request for transfer of venue with the Regional Election Director.
The decision of the Regional Election Director shall be final and executory unless a
timely opposition is filed. All approved request for transfer of venue for the filing of COC
shall be lmmediately posted in the bulletin board of the Office of the Election Officer
concerned and of the city or municipal hall, and in at least three (3) conspicuous places
in the city or municipality.

SEC. 193. Rquircmenb for the transfer of venue for the filing of COC, -
The venue where the filing of COC may be transferred shall be located in a public building
or if none is available, in a private building, provided that either must not be owned,
leased, or occupied by any incumbent olfcial or any person who is related to any
incumbent official within the fourth civil degree of consanguinity or affinity, or any officer
of the government or leader of any political party, group or faction, nor in any building or
surrounding premises underthe actual control ofa private entity, political party or religious
organization.
The venue must be, as far as practicable, of sufficient size to admit and comfortably
accommodate a reasonable number of aspirants at one time. The venue for the filing of

Page 82 of 239
CoC shall be located within the territory or jurisdiction of the receiving office as centrally
as possible, and whenever possible, such location shall be along a public road.

The venue for the flling of Coc shall not be located within the perimeter of or inside
a military or police camp or reservation or within a prison compound.
SEC. 194. Notice. - Upon approval of the request, the concerned Election Officer
shall notify the public, by posting a notice of change of venue of filing of COCs, in the
bulletin boards of the oEo and of the city or municipal hall, and in at least three (3)
conspicuous places in the city or municipality.

SEC. 195, Opposition to the Transfer of Venue for the Filing of COC. - Any
registered voter may, within three (3) days from the approval of the request for the
transfer of venue for the filing of COC, file an Opposition with the Regional Election
Director who issued such approval.

The Opposition shall be decided by the Regional Election Director within three (3)
days from filing. The decision shall be final and executory, and shall be posted in the
bulletin board of the OEO concerned.

SEC. 196. Responsibility of the reeiving offices - At least two (2) weeks
before the stat of the period for the filing of COC, the Office of the Election Officer shall
ensure that the minimum health and safety standards are in place in the receiving office
or venue.
SEC. 197. COVIDT9 Marchal, functions.- Whenever necessary/ a COVID19
Marshal shall be deployed in all receiving offces to ensure an orderly filing of COC, taking
into consideration the strict observance of the health and safety protocols provided in
these guidelines, if necessary.

SEC, 198, Deployment ot AFP/PNP, security and assistance. - the

Commission may seek assistance from the AFP and/or PNP, in coordination with the IATF-
EID, in manning the premises of the receiving offices during the filing of COC.

SEC, 199, Changes in procedures and protocols. - The guidelines provided in

this Article may be modified depending on the rules to be issued by the national
government, IATF-EID and Local Government Unit concerned due to supervening
circumstances beyond the control of the Commission.

Afticle VIII
DEPUTATION
SEC. 20O. The Department of the fnturior and Local Government (DILG)
and the National Police Commission (NAPOLCOM), duties and fitnctions, - The
DILG and NAPOLCOM, through the Philippine National Police (PNP) or other concerned
law enforcement agencies, if applicable, are hereby deputized with the concurrence of the
President, to perform the following duties and functions:

a) Provide security to polling places, voting centers, canvassing/ consolidation

centers, and such other places or buildings, including election paraphernalia,
equipment, forms, and supplies, that will be used in connection with the
elections;

b) Provide security to the personnel of the Commission, its deputies, and other
persons performing election-related functions;

Page 83 of 239
 c)
' Deploy, at the least time possible, troops for election duty in coordination with
the concerned Regional Election Director, Provincial Election Supervisor, and
Election Officer;

d) Make available, at the least time possible, land, air, and water-craft assets,
communication systems, and other equipment, in connection with the conduct
of the elections;

e) Look into the existence of any armed group organized to commit, or which is
committing or attempting to commit, acts of terrorism, or threats to intimidate
or coerce any person to vote for or against a candidate, and to suppress or
prevent said acts of terrorism or threats;

f) Assist the Commission in implementing more effectively election laws and/or

rules and regulatlons, particularly the laws governing prohibition against
military, policemen, and provincial guards acting as bodyguards or security
guards for the candidates, the use of armored vehicles and air or water-craft,
and the prohibition on bearing, carrying or transporting firearms and other
deadly weapons in public places;

S) Provide security escorts to candidates, incumbent public officials whether

elected or appointed and private individuals, subject to the conditions and
restrictions on the COMELEC Resolution imposing the ban on the carrying of
firearms and other deadly weapons and the ban on the use of security
personnel or bodyguards;

h) Conduct a periodic assessment of the peace and order conditions ln critical

areas and recommend measures that may be adopted by the Commission in
the interest of free, orderly, honest, peaceful, and credible elections;

i) Comply with and/or implement directives or resolutions of the Commission,

which shall take precedence over and above the orders and directives issued
by any other office or agency of the Government, except the Supreme Court
and those issued in habeas corpus proceedings; and

j) Render periodic reports on action taken in accordance with these guidelines to

be submitted to the Commission, through the Committee on the Ban on
Firearms and Security Concerns (CBFSC) via electronic mail (e-mail) at
g u n ba n @comelec. gov. ph.

SEC. 2O1. Other law enforcement agenciesl duties, and functions. - fhe
following law enforcement agencies are hereby deputized, with the concurrence of the
President, to perform the following duties and functions:

SEC. 201.1, The Burcau of lail Management and Penology (BJMP)

and the Burcau of Corrections (BuCor), - The BIMP and BuCor shall:

a) Enforce the following provision of the Omnibus Election Code:

"Sec. 261 (n). Illegal release of prlsoners before and after election.
- The Director of the Bureau of Prisong any provincial warden, the
keeper of the jail or the percon or persons required by law to keep
prisoner in their custody who illegally orderc or allows any prisoner
detained in the national penitentiary or the provincial, clty or
municipal jail to leave the premises thereof sixty days before and
thirty days after the eledion. The municipal or city warden, the
provincial warden, the keeper of the jail or the person or persons
required by law to keep prisoners in their custody shall post in
three conspicuous public places a list of the prisoners or detention

Page 84 of 239
 prisoners under their care. Detention prisoners must be
categorized as such'1 and

b) Comply with all orders, directives, and resolutions which the Commission
may issue or promulgate in relation thereto or relative to the objective of
ensuring the free, orderly, hones! peaceful, transparent, and credible
conduct of elections.

SEC. 201.2, The ltlational Bureau of fnvestigation (NBI). - Upon prior

order of the Commission, the NBI shall:

a. Deploy its agents to designated areas in order to effectively carry out the
objective of these guidelines, furnishing the Commission with the Iist of
said agents;

b. Direct its agent to arrest any person who violates the provisions of the
Omnibus Election Code and other pertinent election laws and the rules and
regulations promulgated by the Commission, without prejudice to Section
266 of the Omnibus Election Code;

c) Render periodic reporb on action taken in accordance with these guidelines

to be submitted to the Commission, through the CBFSC via electronic mail
(e-mail) at gunban @comelec. gov. ph;

d) Comply with the orders, and directives of the Commission, which shall be
given priority over orders and directives from other sources, except the
Supreme Couft and those issued in habeas corpus proceedings.

SEC. 2O2. Depattments and ofllces under the executive branch. - The
Department of Education (DepEd) or the Ministry of Basic, Higher and Technical Education
(14BHTE), Department ofFinance (DOF), Department of Transportation (DOTr),
Department of Information and Communications Technology (DICD, Bureau of Fire
Protection (BFP), Department of Public Works and Highways (DPWH), Philippine
Information Agency (PIA), and Department of Health (DOH) are hereby deputized, with
the concurrence of the President, to perform the following duties and functions:

SEC. 202.1, The Depattment of Education or the Ministty of Basic,

Higher and Technical Eduation (MBHTE). -The DepEd/MBHTE shall:

a. Comply with and enforce all orders and instructions of the Commission
relative to the election duties and functions of its personnel;

b) Allow the use of public school buildings for election purposes;

c) Not to hold, during the election period, conferences, seminars, or any

school activity, which might intefere, restrict, or prevent the performance
of election duties of its personnel, except upon prior written authority from
the Commission; and

d) Perform such other duties and functions as the Commission may prescribe
from time to time.

SEC. 202.2, The Depaftment of Finance. - The DOF shall:

a. Comply with and enforce all orders and instructions of the Commission
relative to the election duties and functions of its personnel;

b) Ensure that all provincial, city, and municipal treasurers remain in their
present assignments and neither transferred/ detailed, reassigned,
whether temporary or permanent, to another province, city, or

Page 85 of 239
 municipality, except upon prior written authority of the Commlssion, nor
allowed to go on leave of absence from office during the period stating
two weeks before and two weeks after election day, except upon prior
written approval of the Commission;

c) Not to designate a temporary or casual employee as Acting Treasurer; and

d) Perform such other duties and functions as the Commission may prescribe
from time to time.

SEC.202.3. The DePartment of Transportation (DOTr) and the

Department of rnformation and Communications Technology (DICT). - the
DOTr and DICT, including its attached agencies, shall:

a. Circularize to all owners and operators of land and airtransportation

facilities and telecommunications services, holders of certificates of public
convenience, franchises, or other forms of authorization, that the following
provisions under the Omnibus Election Code are election offenses:

i. Sec. 89, which prohibits any candidate, political pa rty or

organization or any person from giving or accepting
transportation, free of charge, directly or indirectly during the
five (5) hours before and after a public meeting, on the day
preceding the election and on election day;

ii. Sec. 95, which prohibits contributions for partisan political

activity given directly or indirectly by natural or juridical
persons operating a public utility; or by natural or juridical
persons who hold contracts or subcontracts to supply the
government or any of its agencies, subdivisions or
instrumentalities with goods or servlces or to perform
construction or other work; or by natural or juridical persons
who have been granted franchise, incentives, exemptions, or
allocations or similar privileges or concessions by the
government or any of its agencies, subdivisions or
instrumentalities including government-owned or controlled
corporations; or by natural or juridical persons who within one
(1) year prior to the date of the election have been granted
loans or other accommodations in excess of P100,000.00 by
the government or any of its agencles, subdivisions or
instrumentalities including government-owned or controlled
corporations;

iii. Sec. 97, which makes it unlavvful for any person or organization,
whether civic or religious, to directly or indirectly solicit and/or
accept from any candidate for public office or from his
campaign manager, agent or representative, or any person
acting in their behalf, any gift, food, transportations,
contribution or donation in cash or in kind from the
commencement of the election period up to and including
election day;

iv. Sec. 261 (o), which prohibits the use under any guise
whatsoever, directly or indirectly of (a) any printing press,
radio or television station or audio-visual equipment operated
by the government or by its subdivisions, instrumentalities,
agencies or instrumentalities, including government-owned or
controlled corporations, or (b) any equipment, facility,
apparatus, paraphernalia or vehicle owned by the government
or by its political subdivisions, agencies or instrumentalities,

Page 86 of 239
 including government-owned or controlled corporations or by
the Armed Forces of the philippines for any election campaign
of for any partisan political activity; and

v. Sec. 261 (dd) (4), which penalizes any operator or employee of

a public utility or transportation company operating under a
certificate of public convenience who refuses to carry official
election mail matters free of charge during the election period.

b) Require all transportation companies engaged in the operation of

transpotation facilities to report within thtfi (30) days following the day
of the election, the use, rental or hiring of their facilities by any candidate
in connection with the election campaign, including the amount paid for
such use, rental or hiring, as provided for and in accordance with the
guidelines on campaign finance and disclosure in connection with the
conduct of BSKEs.

c) Perform such other duties and functions as the Commission may prescribe
from time to time.

SEC. 202,4. The Department of Public Works and Highways (DPWH).

The DPWH shall:

a) Assist the Commission in removing and tearing down all unlawful election
materials;

b) Coordinate with the Depaftment of Environment and Natural Resources

(DENR), DILG, PNP, and Metropolitan Manila Development Authority
(MMDA) in areas under the latter's jurisdiction;

c) Provide facilities and/ or equipment necessary in the tearing down of

illegal propaganda materials; and

d) Perform such other duties and functions as the Commission may prescribe
from time to time.

SEC. 202.5. The Philippine fnformation Agency (PIA). - The PIA shall:

a. Assist the Commission in its education and information campaign;

b. Make available to the Commission its facilities and services of its personnel,
as may be necessary to ensure implementation of the programs of activities
or operation plans for the Commission's education and information
campaign;

c. Produce such information materials as the Commission may deem

necessary to ensure the conduct of free, orderly, honest, peaceful, and
credible BSKE; provided, that in all cases:

i. The Agency shall adhere strictly to the poliry of the Commission

that the education and information campaign must be
absolutely impartial, objective, and neutral;

ii. The expenses it may incur as such deputy for the information
campaign of the Commission, i.e., production of information
materials shall be for the exclusive account of the Agenry; and

Page 87 of 239
 iii. Any information material which the Agency, as such deputy,
shall produce upon the direction of the Commission, shall be
published, distributed or released only upon prior clearance
irom the Commission to ensure that nothing therein contained
shall detract from or violate the policy of impartiality,
objectivity, and neutrality.

d) Perform such other duties and functions as the Commission may prescribe
from time to time.

SEC. 202. 6. The Depaftment of Health (DOH), 'Ihe DOH shall:

a) Provide the necessary resources, essential medicines, appropriate number

of personnel, and communication facllities, in cities/municipalities, where
there are established DoH-funded hospitals on election day to provide,
free, timely, and effective first-aid assistance to voters and persons
rendering election-related services;

b) Consult the Commission through the appropriate field offices, for the
establishment of health stations;

c) Coordinate with the Commission, the Inter-Agency Task Force for the
Management of Emerging Infectious Diseases (IATF-EID), and DILG in
implementing the necessary COVID 19 preventive measures as well as
health and safety protocols during election day, as may be required by
existing regulations;

d) Peform such other duties and functions as the Commission may prescribe
from time to time.

SEC. 203, The Philippine Postal Corporation (PHILPost) and the National
Telecommunications Commission (NTC), duties and functions, - The PHILPost
and NTC are hereby deputized, with the concurrence of the President, to perform the
following duties and functions:

a) Instruct their respective personnel and the management of all private

telecommunications firms to give special preference to, and effect immediate
transmission, and delivery of messages of the Commission, its field personnel,
and deputies during the election perlod;

b) Impress upon such personnel and management that non-compliance with the
provisions of Sec. 9 of the Omnibus Election Code on preferential transmissions
of official mails, and messages relative to the elections, constitute an election
offense punishable under Sec. 264 of said Code with imprisonment of not less
than one (1) year but not more than six (6) years and shall not be subject to
probation. In addition, the guilty party shall be sentenced to suffer
disqualification to hold a public office and deprivation of the right of suffrage;

c) Assign a sufficient number of personnel to receive, transmit and deliver election

messages ten (10) days before election day, on election day, and ten (10) days
after election day;

d) Make operational all its stations during the election period; and

e) Perform such other duties and functions as the Commission may prescribe from
time to time.

Page 88 of 239
sEc. 204, Government financial institutionsl other government agencies and
other government'owned or contdred corporati6ns, to ptovidZ means of
transpottation in connection wi t the conduct of elections, - The Bangko Sentral
ng Pilipinas (BSP), Land Bank of the phirippines (LBp), Development BJnk of the
Philippines (DBP), Government service Insurance system
iGSIS), social security system
(SSS), Philippine National Oil Company (PNOC), Department of Agricultuie (DA),
Depaftment of Agrarian Reform (DAR), DENR, National Irrigation ndministration (lvmi,
National Food Authority (NFA), National Electrification Administration (ruen), and
Philippine Ports Authority (ppA) shall place at the disposal of the commissio; thei; land.
air and watercraft, such as airplanes and helicopters, trucks, ieeps, vans, cars and the
like, ships, launches, barges, and speedboats, and communication facilities, as the
commission may need from time to time. said vehicles shall be used to ferry the personnel
of the commission and its deputized agencies in the peformance of their election duties,
and to transpot election forms, supplies, and materials to their places of destination,
particularly in areas with inadequate or without regular means of transportation.

For the above purposes, they shall provide the Commission with a list of available
vehicles, together with the pilots/ captains, shipmasters, or drivers assigned to said crafu
or vehicles. These crafu or vehicles shall be at the disposal of the Commission immediately
and until the end of the election period.

SEC.205, Provision of sufficient electrical power supply in connection

with the conduct of elections. - Other government agencies such as NEA, National
Power Corporation (NPC), Local Electrification Cooperatives (LEC), Department of Energy
(DOE), DENR, DPWH, DILG, PNP, Department of National Defense (DND) and Armed
Forces of the Philippines (AFP) shall ensure that there will be sufficient uninterrupted
electrical power supply and secured transmission Infrastructure and facilities during the
critical days of the elections.

SECTION 2O5.L, Duties and functions. - As such deputies, they shall have
the followinq duties and functions:

a) Provide and maintain stable and continuous nationwide electric power

requirements from the start of voting, until the termination or conclusion
of the counting of votes and the proclamation of the winning candidates;

b) Provide sufficient personnel to secure the nationwide transmission lines,

substations, and other related power facilities;

c) Provide assistance to and coordinate with the National Grid Corporation of

the Philippines (NGCP) to implement clearing of the nationwide
transmission facilities to include substations, towers, and other related
power facilities, in support of its systems operation functions. Towards this
end, the DENR shall facilitate the clearing of trees within the required
transmission right-of-way;

d) Provide pertinent information to cause the prosecution of any person or

offender for any election offense such as, but not limited to, violation of
Section 261 (z) (11) which states that:

'Any person who, for the purpose of disrupting or obstruding the

election process or causing confusion among the voters,
propagates false and alarming reports or information or transmits
or circulates false orders, directives or messages regarding any
matter relating to the printing of official ballots, the postponement
of the election, the transfer of polling place or the general condud
of the election. "

e) Perform such other duties and functions as the Commission may prescribe.

Page 89 of 239
 sEc.205.2'supportf,omC0MELECfietdoffices,.AllCommissionfleld
offices are directed to'frovide whatever support they can extend to the DOE and
other concerned government agencies in the information dissemination of
public
awareness materials.

sEc.206.TheCivilSeruiceCommission(csc).-ThecSCshallimplement
and enforce:

a) Section 2, Paragraph 4 of Article IX (B) and Section 6 Article IX (B) of the

Constitution, which Provides that:

"Section 2. (1) xxx

(4) No officer or employee in the civil service shall engage, diredly
or indirectly, in any electioneering or partisan politlcal campaign.
xlx"
"section 6. No candidate who has lost in any eledion, shall within
one year after such election, be appointed to any office in the
Government or any government-owned or controlled-corporation
or in any of its subsidiaries."

b) Section 5 of Republic Act No. 10952 in relatlon to Comelec Resolution on the

prohibition against appointment or hiring of new employees, creation of new
position, promotion or giving of salary increases, remuneration or privileges in
the barangay, insofar as the period of prohibition:

"Section 5. Prohibition on Appointmenb of Government Officials

-
and Employees. The appointment or hiring of new employees,
creation of new position, promotion, or giving of salary increases,
remuneration or privileges in the barangay shall be prohiblted for
a period of ten (10) days inmediately preceding the election, the
provisions of Section 261, paragraph (g), of the Omnibus Election
Code to the contrary notwithstanding. "

c) Section 261 (h) and (i) of the Omnibus Election Code and other related
provision of law, in relation to Comelec Resolution on the prohibition against
transfer or detail of civil service employees, and filing of leave of absences of
local treasurers, insofar as the period of prohibition:

"Section 261. Prohibited Acts. - The following shall be guilty of an

eledion offense:

h.) Transfer of officers and employees in the civil service. - Any

public official who makes or causes any transfer or detail whatever
of any officer or employee in the civil seruice including public
school teachers, within the election period except upon prior
approval of the Commission.

i.) Intervention of public officers and employees. - Any officer or

employee in the civil service, except those holding politica/ offices;
any officer, employee, or member or the Armed Forces of the
Philippines, or any police force, special forces, home defense
forces, barangay self-defense units and all other para-military
units that now exist or which may hereafter be organized who,
directly or indirectly, interuenes, in any election campaign or
engages in any paftisan political acttvity, except to vote or to
preserve public order, if he is a peace officer. "

Page 90 of 239
 SEC. 207, The Commission on Audit (COA) and the Department of Budget
and Management (DBn, - The COA and DBM shall enforce and implement Section 4
of Republic Act No. 10952:

"Sedion 4. Ban on Government Projects. - The constructron or

maintenance of barangay-funded roads and bridges shall be
prohibited for a period of ten (10) days immediately preceding the
date of election, the provisions of Section 261, paragraphs (u) and
(w), of the Omnibus Eledion Code to the contrary
notwithstanding. "

-
SEC. 208. Precedence of Commission orderc, Orders issued by the
Commission in connection with the conduct of the BSKE shall take precedence over and
above the orders and directives issued by any other office or agency of the Government.

However, nothing contained herein shall be construed as in any manner affecting

or constituting an impairment of the Constitutional powers of the President of the
Philippines to conduct and direct the general peace-keeping functions of the PNP.

SEC. 2O9, Deputizing the Armed Forces of the Philippines, the Philippine
Ilational Police and the Philippine Coast Guard. - The AFP, PNP and PCG are hereby
deputized, with the concurrence of the President, to perform duties and functions which
the Commission may prescribe from tlme to time to ensure the conduct of a free, honest,
orderly, peaceful and credible 85KE

SEC. 209.1. Duties and functions of the Armed Forces of the Philippines
and the Philippine National Police as deputies - The AFP and PNP are deputized
to perform the following duties and functions:

a Provide security to polling places, voting centers, canvassing centers, and such
other places or buildings, including election paraphernalia, equipment, forms
and supplies, that will be used in connection with the elections;

b Provide security to the personnel of the Commission, its deputies and other
persons performing election-related functions;

c Deploy, at the least time possible, troops for election duty in coordination with
the concerned Regional Election Director, Provincial Election Supervisor and
Election Offlcer;

d Make available, at the least time possible, land, air and water craft assets,
communication systems and other equipment, in connection with the conduct
of the elections;

e Look into the existence of any armed group organized to commit, or which is
committing or attempting to commit, acts of terrorism or threats to intimidate
or coerce any person to vote for or against a candidate, and to suppress or
prevent said acts of terrorism or threats;

t Assist the Commission in implementing more effectively election laws and/or

rules and regulations, particularly the laws governing prohibition against
military, policemen and provincial guards acting as bodyguards or security
guards for the candidates, the use of armored vehicles and air or water craft,
and the prohibition on bearing, carrying or transpoding firearms and other
deadly weapons in public places;

I Provide security escorts to candidates, subject to the conditions and

restrictions on the COMELEC Resolution imposing the ban on the carrying of
firearms and other deadly weapons and the ban on the use of security
personnel or bodyguards; provided that, the AFP can provide security escorts

Page 91 of 239
 only in the absence of personnel of the PNP and other law enforcement
agencies;

h Conduct a periodic assessment of the peace and order conditions in criucal

areas and recommend measures which may be adopted by the Commission in
the interest of free, orderly, honest, peaceful and credible elections; and

i. Comply with and/or implement directives or resolutions of the Commission,

which shall take precedence over and above the orders and directives issued
by any other office or agency of the Government, except the Supreme Court
and those issued in habeas corpus cases; and

j. Render periodic repofts on action taken in accordance with this Resolution

The AFP, despite being deputized, shall continue with the conduct of all Internal
Security Operations or its own functions and responsibillties.

During the election period, no changes in the assignments of PNP personnel shall
be made except upon prlor written permission of the Commission.

SEC. 209.2. Duties and functions of the Philippine Coast Guard as

deputy of the Commission, - The PCG is deputized, with the concurrence of the
President, to perform the following duties and functions:

a Provide security to, and render assistance in the deployment of:

personnel and deputies of the Commission as well as other

persons performing elections related duties; and/or

ii. election paraphernalla, equipment, forms and supplies;

b Assist the Commission in implementing election laws and/or rules and

regulations especially within the maritime jurisdiction of the country,
including ports;

c. At the least time possible, deploy within the maritime jurisdiction of the
country, troops for election duty in coordination with the concerned
Regional Election Director, Provincial Election Supervisor and Election
Officer;

d Make available, at the least time possible, land, air and water craft
assets, communication system and other equipment in connection with
the conduct of the elections;

Look into the existence of any armed group organized to commit, or

which is committing or attempting to commit, acts of terrorism or threats
to intimidate or coerce any person to vote for or against a candidate,
and to suppress or prevent said acts of terrorism or threats'

f Conduct a periodic assessment of the peace and order conditions in the

maritime jurisdiction of the country and recommend measures which
may be adopted by the Commission in the interest of free, orderly,
honest, peaceful and credible elections;

I To render aid, including rescue operations, to (i) personnel and deputies

of the Commission as well as other persons who, in the performance of
election-related duties, are in distress at sea, and/or (ii) vessels in

Page 92 of 239
 distress which are carrying election para phernalia, equipment, forms
and supplies;

h To conduct inspections and emergency readiness evaluation on ships

and vessels which will carry (i) personnel and deputies of the
Commission as well as other persons, performing election-related
functions; and/or (ii) election paraphernalia, forms and supplies;

i. Render periodic reports on action taken in accordance with these

guidelines; and

j. Comply with and/or implement directives or resolutions which the

Commission may lssue or promulgate from time to time.

Despite being deputized, the PCG shall continue its own functions and
responsibilities.

During the election period, no changes in the assignments of pCG personnel shall
be made except upon prior written permission of the Commission.

-
SEC. 210. Precedence of Commission orders Orders issued by the
Commission in connection with the conduct of the BSKE shall take precedence over and
above the orders and directives issued by any other office or agency of the Government,
except the Supreme Cout and those issued in habeas corpus cases.

Afticle IX
ACCREDITATION
CHAPTER I
MASS MEDIA

SEC. 211. General requiremenE for accreditation. -

Media practitioners,
whether foreign, local, or national media, applying for accreditation shall submit the
following:
a) A fully accomplished COMELEC Media Accreditation Form (CMAF);

b) Two (2) recent 1.5" x 1.5" colored photographs;

c) Where applicable, an endorsement from the publisher, editor-in-chief,

assignment editor, station manager, or similar officer of the newspaper,
television, radio station, or online publication employing the applicanu

d) An endorsement from the appropriate officer for the broadcast organization

or film distributor which has committed to air or distribute the work; and

e) In the case of freelancers, a valid assignment letter from the bona fide
media organization for which the freelancer is on assignment.

Endorsements from any person other than those mentioned above shall not be
honored; Provided, that the appllcation of freelancers whose previous accomplishments
are highly visible, respected and widely recognized need not be endorsed, as determined
by the Education and Information Depaftment (EID).

In addition, media representatives engaged in blogging/vlogging and other online

publications shall be subject to the following requirements:

Page 93 of 239
 -'
a)SubmittheUniformResourceLocator(URl)/WebpageAddressoftheonline
publication or blog/vlog includlng the applicant's name, and indicating whether as
a sole account owner or as a contributor to a website or social media platform
developed by a team;

b) Submit a copy of regular online articles or blogs/vlogs related to the topic of

politics, elections, govtrnance or other related topics, by-lined or published on the
applicant,s website or similar online sites or blogs in the last six (6) months from
the tlme of submission of application for accreditation;

c) The website or online publication should be updated at least once a week with
contents which are original, dated and not mere shared links and community
boards;

d) No personal websites, fan sites, communlty boards, and sites containing personal
diaries will be eligible for accreditation. Only website editors and writers shall
qualifo for accreditation;

e) Blogs/vlogs must be well-established, updated at least once every two (2) weeks,
contain content on politics, elections, or related topics, and show an acceptable
level of readership. A notarized certification to this effect must be submitted by
the blogger/vlogger;

f) Commercial or company blogs/vlogs are not eligible for accreditation; and

g) Online publications which are communications outreach or advocacy publications

of non-governmental organizations do not qualifo for media accreditation.

SEC. 212. Specific rcquitements for accreditation of visiting foreign

media. - In addition to the requirements mentioned in the immediately preceding
section, all visiting foreign media seeking accreditation including reporters,
-
correspondents and stringers, cameramen, photographers and other members of the
news/editorial staff of foreign wire agencies, regardless of nationality - shall submit
individual endorsements from the embassy or consulate with jurisdiction over the
foreign media entity or organization they are representing or are on assignment for.
SEC. 213. Period for filing application for accreditation. - The period for
filing application for accreditation shall be within the date/s fixed bv the Commission En
Eare.
SEC. 214. Venue of ftling of applications for accrcditation, -Applications
for media accreditation shall be filed at the following oFfices:
a) Applications for accreditationof national media, foreign media and other
media, both domestic and foreign, such as novelists, screenwriters,
playvvrights, and those involved in the production of feature films and
documentaries shall be filed at the Education and Information
Department (EID) via online through the following links:

For National Media and other media:

For Foreign media:

b) Applications for accreditation of local media shall be filed at the Office of the
Provincial Election Supervisor (OPES) concerned, by submitting the
prescribed application form for accreditation of Local Media together with the
requirements, personally or through an authorized representative. Said
application form can be downloaded at the COMELEC website.

Applications with incomplete requirements shall not be processed.

I'age 94 of 239
 SEC. 215, Approval of applications for accreditation, _ Approval of
applications for accreditation is hereby delegated to:

a) The Director IV of the EID for national, foreign, visiting foreign media and media
practitioners; and
b) The concerned PES for local media.

SEC, 215, Report on actions taken on appliations for accreditation,

Within seven (7) days from the d ate/s flxe d bv the Comm ission En Banc the PES shall
furnish the EID, via e-mail, a list of all applications received, indicating the status of each
individual application, whether approved or denied.

SEC. 217. Media catd, - Upon approval of the application, the EID and pES shall
issue media cards to all accredited media practitioners. Media cards must be personally
claimed personally or through an authorized representative, from the EID, for national,
foreign media and other media practitioners; and from the concerned OpES, in case of
local media.

The COMELEC media card is strictly non-transferable and is valid only for the
purpose for which it was issued. It shall be worn prominently whenever the media
practitioners are covering or observing any official eventr open to the public, relating to
the elections for which accreditation was sought.

Improper use of the media card, or use thereof not in accordance with these
guidelines, shall be considered abuse of the accreditation and carries the penalty of
summary revocation.

SEC. 218, Access - Duly accredited media shall be allowed maximum access to
voting, counting and canvassing, and all other stages of the electoral process/ including
but not limited to preparatory activities, and other related activities organized and
conducted by any of the COMELEC's Accredited Citizen's Arms and Deputies, subject to
such conditions as may be necessary for the protection of COMELEC personnel, property,
privlleged information, and the integrity of the elections and compliance with the relevant
guidelines of Inter-Agency Task Force for the Management of Emerging Infectious
Diseases (IATF-MEID). PROVIDED FURTHER, that the COMELEC Media Accreditation shall
not be used to undermine any of the protections mandated by Republic Act No. 10173, or
the Data Privacy Act of 2012.
SEC, 2f 9. Rules of conduct - All accredited media shall observe the following
rules of conduct:

a) Respect the authority of the Electoral Board (EB) or Barangay Board of Canvassers
(BBOC) with regard to the number of accredited media which shall be allowed
inside the polling place at any one time;

b) Immediately identify themselves upon entry into the polling places, before the EB
and BBOC by presenting their media cards and if required, their proof of Covid-l9
vaccination, if necessary;

c) Strictly observe the minimum health protocols and other prescribed safety
measures as stated in the relevant guidelines of the IATF-IVIEID, COMELEC and
concerned local government units.

d) Maintain professionalism at all times. Unprofessional activities shall not be

tolerated. The accreditation of any media practitioner found to be engaged in any
unprofessional activity shall be summarily revoked by the EB or BBOC where the
activity complained of is committed, by confiscating the media card of the
offender;

Unprofessional activities shall include, but shall not be limited to:

Page 95 of 239
 a. Any behavior deemed disruptive of the conduct of voting, counting, or
canvassing, such as, but not limited to, conducting interviews inside the
polling place or canvassing room;

b. Engaging in partisan political activities, which refer to acts designed to

promote tne election or defeat of a particular candidate or candidates to
public office;

c. Any behavior intended to unduly influence the choice of voters, such as,
but not limited to, directly swaying the voter to speak for or against a
candidate;

d. Distributing campaign materials;

e. Refusal to submit to the authority of the EB, BBOC, or the Department of

Education Supervising Official (DESO) of the voting center where the
coverage is being conducted; and

f. Any behavior deemed unlawful.

The revocation shall be noted in the Minutes of Voting and Counting, stating
therein the reasons therefor.

CHAPTER II
OBSERVERS

SEC. 22O, Qualifications for acdeditation, -Applicants must have a bona

fide intention to participate in the conduct of the October 30, 2023 Earangay and
Sangguniang Kabataan Elections exclusively as observers or monitors of the electoral
process, must be free from any political, economic or other conflicts of interests that would
interfere wlth conducting observations/monitoring impartially, and must comply with the
provisions of Sections 222 and 230 hereof. Applicants are required to disclose their
intention to take part in the conduct of the elections as domestic or foreign observers or
monitors.

SEC. 221, Appliation for accrditation. - Filipino or foreign nationals.

whether as individuals or in groups, whether representing governmental or private
interests, who are interested to observe or monitor the conduct of the October 30,2023
Barangay and Sangguniang Kabataan Elections, shall file an application for accreditation
at the following offlces:
A) For foreign observers and domestic observers with official addresses in the
National Capital Region, it shall be filed at the COMELEC Education and
Information Department (EID) via online through the following links:

For foreign observers: https:// _

For domestic observers: https://

B) For domestic observers residing within the provinces in the region, it shall be
filed personally or through an authorized representative at the Offices of the
Regional Elections Director (ORED) concerned. The prescribed application form
for domestic observers is downloadable at the COMELEC website,
www.comelec.gov,ph.

SEC.222. Documentary requiremerfs, -The application shall be suppofted

by the following documents:

Page 96 of 239
 a. Duly accomplished application form for accreditationl6 for domestic observers
residing within the provinces of the region;
b. Two (2) recent 1.5" x 1.5" colored photographs of the applicant;
c. Proof of Covid-19 vaccination, if necessary based on existing regulations;
d. If foreigner or foreign group, committee or association - organization,
endorsement issued by the ambassador or consul of the applicant,s home
country;
e. For Association of Asian Election Authorities (AAEA) members, an endorsement
from their respective Head of Office in lieu of the endorsement issued by the
ambassador or consul of the applicantt home country; and
f. Terms of Reference or similar documents, explaining the purposes of election
observation mission and their proposed itinerary.

Applications with incomplete requirements shall not be processed.

SEC. 223, Period for filing application for accreditation. - The period for
filing appl ications for accreditation shall be within the date/s fixed bv the Commission En
Banc.

SEC. 224. Posting of applications for accreditation - The EID and the
OREDs concerned shall post the list of applicants for accreditation in their bulletin boards
or in their official social media accounts within three (3) days from the deadline of filing
for applications for accreditation.
SEC, 225, Opposition to the application for accreditation. - Any opposition
to applications for accreditation shall be filed within five (5) days from the posting of the
list of applications stated in the above section. The opposition for accreditation shall be
filed in the Office where the application being contested was filed.
SEC, 226. Grounds for opposition, - The opposition shall be filed on any of
the following grounds:
a) The applicant has a previous derogatory record;
b) Any of the submitted documentary is not authentic, falsified or contains any
information which is false; or
c) Other meritorious grounds.

The Director IV ofthe EID or the Regional Election Director (RED) concerned shall
resolve the opposition within three (3) days from the receipt thereof.

SEC, 227. Approval of applications for accreditation, The individual -

application forms shall be reviewed and evaluated by EID and OREDS concerned, as
follows:
a) Director IV of the COMELEC EID - For foreign observers and domestic observers
with official addresses in the National Capital Region; and to
b) The concerned Regional Election Director (RED) - For domestic observers residing
within the provinces in the region.

Thereafter, the concerned REDS shall submit to the Director IV of EiD the final list ot
domestic observers who applied for accreditation within 10 days from the deadline of the
filing of oppositions and their resolution of oppositions, if any. The final list shall indicate
the names of the observers, organization or office, mailing address, telephone numbers,
email addresses, and the recommendation of the RED on the approval or denial of each
application.
The EID shall thereafter submit a consolidated recommendation to the Commission Fn
Banc of the list of qualified foreign and domestic observers for the approval of their
accreditation for election observation for the October 30, 2023 BSKE.

tr A COPY OF TLTE APPLICATION FORM FOR DOMISTIC OBSERWRS RFSIDING IN T}IE PROVINCES IS HEREIO ATTACHED A5 ANNEX "A"
AND WHICT{ WILL LIKEMSE I}E ACCESSIBLE TIIRU COMELEC,GOV,PII.

Page 97 of 239
 Prior to the october 30,2023 BSKE, the EID shall provide the oRED concerned a list
of the foreign observers intending to visit their area for their information and for any
appropriate security measures needed.
sEc.228. Accredited obseruer passes. - Upon approval of the applications for
accreditation by the commission En Banc, the EID and OREDs shall issue the official
observer identification cards to the accredited observers/monitors'
SEC. 229, Privileges - Duly accredited domestic or foreign observers or
monitors shall have the following privileges subject to such conditions as may be
necessary for the protection of GoMELEC personnel, property, privileged information and
integrity of the elections and compliance with the relevant guidelines of Inter-Agency Task
Force for the Management of Emerging Infectious Diseases (IATF-MEID):

a) Unimpeded access to all stages of the electoral processes;

b) Unimpeded access to all persons concerned with electoral processes, including,
but not limited to:

1. Electoral officials at all levels, upon reasonable requests;

2. Members of legislative bodies and government and security official whose
functions are relevant to organizing democratic elections;
3. All persons participating in the elections, in whatever capacity; and
4. News media personnel.

SEC. 230. Code of onducX - All duly accredited observers/ monitors shall be
deemed bound by the following Guidelines:
a) Respect the authority of election officials and their duly accredited deputies at
all times;
b) For foreign observers and monitors, present themselves to the local COMELEC
(ORED, PES or OEO), who shall in turn, inform the EID via email of their arrival
in their area of election observation/s.
c) Prominently display the Accredited Observer Pass, provided by the COI4ELEC,
at all times;
d) Refrain from intefering with, obstructing, or otherwise hampering the conduct
of any election related activity, including preparatory and post-election
activities;
e) Maintain proper personal behavior and respect others, including exhibiting
sensitivity to the country's cultures and customs, exercise sound judgment in
personal interactions and observe the highest level of professional conduct at
all times, including leisure times;
f) Maintain impartiality and objectivity in carrying out the observation/ monitorlng
mission; and
g) If required, observe the minimum health protocols and other prescribed safety
measures as stated in the prevailing guidelines of Inter-Agenry Task Force for
the Management of Emerglng Infectious Diseases (IATF-MEID), COMELEC and
concerned local government units. As added measure, all observers shall
present proof of anti-Covid 19 vaccination on election day to the Electoral or
Canvassing Board of the polling places or voting centers where they will be
observing.

SEC. 231. Summary revoation of accreditation. - the accreditation of any

observer/ monitor may be summarily revoked by the Electoral Board or Barangay Board
of Canvassers (BBOC) by confiscating the accredited observer's ID, and removing him/her
or the group from the polling station or canvassing center due to any of the following
grounds:

a) Any violation of the Code of Conduct;

b) Any dlsruptive behavior by anyone in the group;
c) Misconduct which may include but not limited to:
1. Breaching or attempting to breach the secrecy of the ballot;

Page 98 of 239
 2. Knowingly obstructing electoral proceedings;
3. Asking voters about their voting preference while observing at the
polling station.

The accreditation of the organizations may also be revoked if it refuses to promptly

remove an observer found to be in breach of this code from their list of nominated
individuals.

The power of the Electoral Board or BBOC to remove observers/monitors for

misconduct is in addition to their general power to keep order at the polling place or
canvassing room.

SEC. 232, Period of ualidity of accreditation. - Accreditation of domestic or

foreign election observers/monitors shall be valid from the date of the approval of the
application until the end of election period.

-
SEC. 233. Pmhibited acts. It shall be unlawful for any domestic, foreigner,
domestic or foreign group, organization, committee or association to:

a) Aid in person or group of persons in whatever manner, directly or indirectly,

relative to the conduct of the elections (Sec. 81 and 89, OEC);
b) Take part or influence in any manner the conduct ofthe elections (Sec. 81 and
261 (j), oEC);
c) Engage In paftisan political activities, which refer to acts designed to affect the
results of the elections (Sec. 79 (b), OEC);
d) Contribute or make any expenditure in connection with any election campaign
or partisan political activity (Sec. 81 and 261 (j), OEC);
e) Enter any polling place without consent ofthe chairman of the Electoral Board
concerned (Sec. 192, OEC);
f) Mingle and talk with voters inside any polling place, or otherwise disrupt the
proceedings in the polling place (Sec. 192, OEC);
g) Threaten, intimidate, or actually causes, inflicts or produces any violence,
injury, punishment, damage, Ioss or disadvantage upon any person (Sec. 261
(e), OEC); and
h) Propagate false and alarming reports or information, transmit or circulate false
orders, directives or messages relating to the conduct of the elections (Sec.
261 (2.11), oEc).

SEC. 234. Penalty for violation. - Any violation of the immediately preceding
Section shall be punishable as an election offense which, if found guilty, may be penalized
by an imprisonment of not less than one (1) but nor more than six (6) years and shall not
be subject to probation. In addition, if the guilty party is a Filipino, the offender shall be
sentenced to suffer disqualification to hold public offce and deprivation of right of
suffrage. On the other hand, if the guilty party is a foreigner, he shall be sentenced to
deportation, which shall be enforced after the prison term has been served (Sec. 264,
oEc).
SEC, 235. Reporbrial reguiremenE - Accredited domestic and foreign
observers shall submit a report of their observation to the Commission En Banq thru the
office where they have applied for accreditation. A template for their reporting shall be
provided as a guide for their written report of their observations and a conference for this
purpose may likewise be called should there be a necessity for one. The deadline for the
submission of reports shall be n d sa ma flxed the

Page 99 of 239
 Article X
CAMPAIGN

SEC. 236, Campaign period. -The campaign period shall be as specified in the
calendar of Activities and Peiiods of certain Prohibited Acts in connection with the
upcoming Synchronized Barangay and Sangguniang Kabataan Elections (BSKE)'
SEC. 237. Prohibited campaigning. - It is unlawful for any person, whether or
not a voter or a candidate to engage in an election campaign or partisan political activity
on the eve of Election Day and on Election Day.

SEC. 238, Ptohibition against Foreign fntervention. - It is unlawful for any

foreigner, whether a juridical or natural person, to directly or indirectly aid any candidate,
or to take part in, or influence in any manner, any election, or to contribute or make any
expenditure in connection with any election campaign or partisan political activity.
SEC. 239, Lawful election propaganda, - Election propaganda, whether on
television or cable television, radio, newspaper, the internet or any other medium, is
hereby allowed for all bona trde candidates seeking Barangay and SK elective positions,
subject to the limitation on authorized expenses of candidates, observation of truth in
advertising, and to the supervision and regulation by the COMELEC.
Lawful electlon propaganda shall include:

a. Pamphlets, leaflets, cards, decals, stickers or other written or printed materials the
size of which does not exceed eight and one-half inches (8 7z') in width and
fourteen inches (14t in length;

b. Handwritten or printed letters urging voters to vote for or against any candidate
for public office;

c Posters or standing displays ('standees') made of cloth, paper, cardboard or any

other material, whether framed or posted, with an area not exceeding two feet
(2') by three feet (3');

d. Streamers not exceeding three feet (3) by eight feet (8) in size displayed at the
site and on the occasion of a public meeting or rally. Said streamers may be
displayed five (5) days before the date ofthe meeting or rally and shall be removed
within twenty-four (24) hours after said meeting or rally;

e. Mobile units, vehicles, motorcades of all types, whether engine or manpower

driven or animal drawn, with or without sound systems or loud speakers and with
or without lights, subject to the size llmitations set under this Section;

f. Paid advertisements in print and broadcast media subject to the requirements set
forth in Section 243 hereof and the Fair Elections Act;

g. In the headquarters and residences of candidates, lawful election paraphernalia

may be displayed, but banners or streamers referred to in paragraph (d) above
shall not be allowed;

h. All other forms of election propaganda not prohibited by the OEC or these rules.

Candidates are hereby encouraged to use recyclable and environment-friendly

materials and avoid those that contain hazardous chemicals and substances in the
production of their campaign and election propaganda.

In Local Government Units (LGUs) where a local legislation governing the use of plastic
and other similar materials exist, candidates shall comply with the same.
Candidates are required to incorporate sign language interpreters and closed
captioning in broadcast election propaganda intended for exhibition on television and/or

Page 1.00 of 239

the internet, and are encouraged to ensure the availability of their respective printed
campaign materials in Braille.

SEC. 24O. Prohibited forms of election propaganda. - During the campaign

period, it is unlawful:

a. To print, publish, post, or distribute any newspaper, newsletter, newsweekly,

gazette or magazine advertising, pamphlet, leaflet, card, decal, bumper sticker,
poster, comic book, circular, handbill, streamer, sample list of candidates, or any
published or printed political matter, and to air or broadcast any election
propaganda or political advertisement by television or radio for or against a
candidate or group of candidates to any public office, unless they bear and be
identified by the reasonably legible, or audible words " oolitical advertisement oaid
for," followed by the true and correct name and address of the candidate for whose
benefit the election propaganda was printed or aired.

It shall likewise be unlawful to publish, print or distribute said campaign materials

unless they bear, and are identified by, the reasonably legible, or audible words
I adveftisements 'id " followed by the true and correct name and
address of the payor.

b. To print, publish, broadcast, display, or exhibit any such election propaganda

donated or given free of charge by any person or publishing firm or broadcast
media entity to a candidate without the written acceptance of the said candidate,
and unless they bear and be identified by the words " pt!0legLfree_ojfchAIge" or
" aiftime for this broadcast was provided free of charge by'', respectively, followed
by the true and correct name and address of the said publishing firm or broadcast
entity;

c. To show, display, or exhibit publicly in a theater, through a television station, a

video sharing site, social media network, or any public forum, any movie,
cinematography or documentary, including concert or any type of performance
portraying the life or biography of a candidate, or in which a character is portrayed
by an actor or media personality who is himself or herself a candidate;

d. For any newspaper or publication, radio, television or cable television station, or

other mass media entity, or any person making use of the mass media to sell or
give free of charge print or advertising space or airtime for campaign or election
propaganda purposes to any candidate in excess of the size, duration or frequency
authorized by law or these Rules;

e For any radio, television, cable television station, announcer, or broadcaster to

allow the scheduling of any program, or permit any sponsor to manifestly favor or
oppose any candidate by unduly or repeatedly referring to, or unnecessarily
mentioning his or her name, or including therein said candidate;

f. To post, display, or exhibit any election campaign or propaganda material outside

of authorized common poster areas, in public places, or in private properties
without the consent of the owner thereof.

Public places include any of the following:

1. Publicly-owned electronic announcement boards, such as light-emitting
diode (LED) display boards located along highways and streets, liquid
crystal display (LCD) monitors posted on walls of public buildings, and other
similar devices which are owned by local government units, government-
owned and controlled corporations, or any agency or instrumentality of the
GovernmenU

Pagc 101 of 239

 2. Motor vehicles used as patrol cars, ambulances, and for other similar
purposes that are owned by local government units, government-owned
and controlled corporations, and other agencies and instrumentalities of
the Government, particularly those bearing government license plates;

3. Public transport vehicles owned and controlled by the government such as

the Metro Rail Transit (MR!, Light Rail Transit (LRT), and Philippine
National Railway trains and the like.

4. Waiting sheds, sidewalks, street and lamp posts, electric posts and wires,
traffic signages, and other signboards erected on public property,
pedestrian overpasses and underpasses, flyovers and underpasses,
bridges, main thoroughfares, center islands of roads, and highways;

5. Schools, public shrines, barangay halls, government offices, health centers,

public structures and buildings, or any edifice thereof; and

6. Within the premises of public transport terminals, owned and controlled by

the Government, such as bus terminals, airpots, seaports, docks, piers,
train stations, and the like; and

g. To print, publish, post, show, display, or distribute any election campaign or

propaganda materials that violates gender sensitivity, considered as obscene or
offensive, or constitutes violation of Republic Act No. 971017.

The printing press, printer, or publisher who prints, reproduces, or publishes said
campaign materials, and the broadcaster, station manager, owner of the radio or
television station, or owner or administrator of any website who airs or shows the political
advertisements, without the required data or in violation of these rules shall be criminally
liable with the candidate and, if applicable, further suffer the penalties of suspension or
revocation of franchise or permit in accordance with law.

Nothing In these rules shall be construed as limiting the authority of the appropriate
agencies and instrumentalities of the government to promulgate their own rules and
regulations, regarding the posting of political print advertising on any regulated land, sea
and air vehicle, including but not limited to public utility vehicles and trirycles.

SEC. 241, Request for authority to use other election propaganda, - Any
person seeking authority to use other forms of election propaganda not covered by those
enumerated in Section 242 hereof and not prohibited by law may file with the COMELEC
En Bang through the Commission Secretary, a request describing the election propaganda
sought to be authorized with samples thereof.

SEC, 242. Requirements and/or limitations on the use of election

propaganda thrcugh mass media.- All bona fide candidates shall have equal access
to mass media time and space for their election propaganda during the campaign period
subject to the following requirements and/or limitations:
A. Broadcast Election Propaganda

The duration of air time that a candidate may use for their broadcast
advertisements or election propaganda shall be, as follows:

REPUBLIC ACT NO, 9710 (AN ACT PROVIDINC fOR THE MACNA CARI'A OF WOMEN)
'7

Page 102 of 239

 For Candidates for Not more than a total of sixty (60) minutes of
Barangay and SK television advertisement, on a per station basis,
Elective Positions whether appearing on national, regional, or local,
free or cable television, and ninety (90) minutes of
radio advertisement, on a per station basis,
whether airing on national, regional, or local radio,
whether by purchase or donation.

In cases where two or more candldates whose names, initials, images,

brands, logos, insignias, symbols, or forms of graphical representations are
displayed, exhibited, used, or mentioned together in the broadcast election
propaganda or advertisements, the length of time during whlch they appear or are
being mentioned or promoted will be counted against the airtime limits allotted for
the said candidates.
In like manner, the cost of the length of time during which individual
candidates, groups of candidates, appear or are being mentioned or promoted,
shall be computed as a fraction of the total cost of the advertisement, and such
fraction shall be considered their respective expenditures, to be deducted from the
total cost of the adveftisement.
The balance shall be counted agalnst the expenditure limits of whoever
paid for the advertisements or to whom the said advertisements were donated.

Appearance or guesting by a candidate on any bona flde newscast, bona

fide news interview, bona fide news documentary, provided that the appearance
ofthe candidate is incidental to the presentation ofthe subject or subjects covered
by the news documentary, or on-the-spot coverage of bona fide news events,
including but not limited to events sanctioned by the COMELEC, political
conventions, and similar activities, shall not be deemed to be broadcast election
propaganda within the meaning of this provision.

For purposes of monitoring by the COMELEC and ensuring that candidates

were afforded equal opportunities to promote their candidary, the broadcast media
entities shall give prlor notice to the COMELEC, through the appropriate Regional
Election Director (RED), or in the case of the National Capital Region (NCR), the
Education and Information Department (EID).

If such prior notice is not feasible or practicable, the notice shall be sent
within twenty-four (24) hours from the first broadcast or publication. Nothing in
the foregoing sentence shall be construed as relieving broadcasters, in connection
with the presentation of newscasts, news interviews, news documentaries, and
on-the-spot coverage of news events, from the obligation imposed upon them
under Section 244 and 245 of these guidelines.

B. Printed or Published Election Propaganda

The maximum size of print advertisements for each candidate for barangay and
SK elective positions shall be, as follows:

In broadsheets One fourth (Il4) page

In tabloids One half (U2) pale

Two or more candidates may cause the publication of coordinated print

advertisements, featuring more than one candidate provided that the size and
frequency limitations provided for in this paragraph shall apply to each candidate
appearing, mentioned or promoted in such a coordinated advertisement.

Page 103 of 239

 The cost of coordinated print advertisements shall be pro-rated among
each candidate appearing in each advertisement, and shall be reported by them
accordingly.
Print advertisements, whether procured by purchase or given free of
charge, shall not be published more than three (3) times a week per newspaper,
magazine or other publication during the campaign period.

C, Common requirements and/or !imitationsr

Any printed or published, and broadcast election propaganda for or against

a candidate or group of candidates to any public office shall bear and be identifled
by the reasonably legible or audible wods " political advertisement paid for,"
followed by the true and correct name and address of the candidate for whose
benefit the election propaganda was printed or aired. It shall also bear, and be
identified by, the reasonably legible, or audible words" political advertisement paid
by," followed by the true and correct name and address of the payor. This rule
shall also apply to online advertisements.

The notices required in the immediately preceding paragraph shall be

considered reasonably legible on printed materials, if it complies with the following:
(i) The notice must be of sufficlent type size to be clearly readable by the
reader of the information.

A notice in twelve (l2)-point type size satisfies the size requirement of this
paragraph when it is used for signs, posters, flyers, newspapers, magazines,
or other printed material that measure no more than two (2) feet by three (3)
feet.
(ii) The notice must be contained in a printed box, set apat from the other
contents of the sign, poster, flyer, or newspaper advertisement.
(iii) The notice must be printed with a reasonable degree of color contrast
between the background and the printed statement. A notice satisfies the
color contrast requirement of this paragraph if it is printed in black text on a
white background or if the degree of color contrast between the background
and the text of the notice is no less than the color contrast between the
background and the largest text used in the communication.

The notices required in the immediately preceding paragraph shall be

considered reasonably legible on television, if it complies with the following:
(i) The notice must appear in letters equal to or greater than four (4) percent
of the vertical picture height;
(ii) The notice must be visible for the duration of the broadcast adveftisemenu
and
(iii) The notice must appear with a reasonable degree of color contrast from
the background. A notice satisfies the color contrast requirement of this
paragraph if it is displayed in black text on a white background or if the degree
of color contrast between the background and the text of the notice is no less
than the color contrast between the background and the largest type size used
in the communication.

If the space for printed or published election propaganda is donated by the

publishing firm, or the airtime for broadcast election propaganda is given free of
charge by the radio, or television station or cable television, they shall bear and
be identified by the reasonably legible or audible words " printed free of charge,"
or " aiftime for this broadcast was provided free of charge by," respedively,
followed by the true and correct name and address of the said publishing firm or
broadcast entity. This rule shall also apply to onllne adveftisements.

Page 104 of 239

 For the immediately preceding purpose, each broadcast entity and website
owner or administrator shall submit to the COMELEC, certified true copies of
broadcast logs, ceftificates of performance, affidavits of publication or other
analogous records that can only be generated after broadcast or publication, for
review and verification of the frequency, date, time and duration of advertisements
aired for any candidate through:

For Broadcast Entities in the NCR- The Campaign Finance Office (CFO) of the
COMELEC within seven (7) days after the election.
For B,oadcast Entities oubide of the NCR - The City/Municipal Election
Officer concerned, who in turn, shall furnish copies thereof to the CFO of the
COMELEC within five (5) days from the receipt thereof.
For website ownerc or administrators - The City/Municipal Election Officer
concerned, who in turn, shall furnish copies thereof to the CFO of the COMELEC
within five (5) days from the receipt thereof.
All broadcast and digital mass media entities shall preserve their broadcast logs or
analogous records for a period of five (5) years from the date of broadcast for submission
to the COMELEC whenever required. Certified true copies of broadcast logs, certificates of
performance, and certificates of acceptance, or other analogous record for purposes of
the 2023 BSKE shall be submitted one (1) week after Election Day.
For the subsequent BSKE, the schedule for the submission of repofts shall be
prescribed by the COMELEC.

SEC. 243. Written acceptance of elxtion propaganda and/or political

advertisementt -Election propaganda materials donated or contributed by any person
to a candidate shall not be printed, published or broadcasted, or exhibited, unless they
are accompanied by the written acceptance by said candidate.

Such written acceptance of the donated election propaganda materials must be

personal to the candidate and cannot be delegated to their duly authorized representatives
designated to receive donations or contributions.

SEC. 2M. Reporting requirements to be submitted by mass media

entities, conttactorc and business firms. - The following shall be submitted to the
COMELEC:

a. For Mass Media Entities, All copies of advertising contracts must be

accompanied by a Summary Report of Advertising Contracts, which will serve as a cover
repoft for all the advertising contracts submitted by the mass media entity on that day.
The copy of advertising contracts attached to the Summary Report of Adveftlsing
Contracts must be clear and legible and must contain the following informatlon:

the period when the political advertisement is scheduled to be

published, broadcasted, or exhibited;
the date when the contract was entered into;
It. the name and signature of the person who placed the adveftisement,
regardless of whether said person is a contributor or donor, or the duly
authorized representative of the candidate;
the name and signature of the candidate who will benefit from the
advertisement as a sign of acceptance;
the particulars of the political advertisement (e.9., the size of the
adveftisement as published on periodicals, duration of
the
advertisement as published on periodicals, duration of
the
advertisement in terms of airtime, frequenry, number of spots, and
program or timeslot, etc.);
the serial number of the official receipt issued to the candidate by the
mass media entity; and
the amount or consideration paid for the advertisement contract.

Page 105 of 239

 It must likewise be supported by a copy of the official receipt issued to the
contributor or donor, candidate, who paid for the advertising contract.
Agencies producing and placing on-line political adveftlsements shall also submit
a similar repoft and copies of their advertising contracts.
Mass media entities with offices within the National Capital Region (NCR) must
make their submissions directly to the CFO of the COMELEC. For mass media entities
located outside of the NCR, they must furnish a copy of the advertising contracts in
accordance with the formal requirements stated in the COMELEC Rules and Regulation
Governing Campaign Finance and Disclosure to the nearest COMELEC Field Office. The
COMELEC Field Officer concerned shall then be responsible for sending the soft copy of
said submissions via electronic mail to the CFO within twenty-four (24) hours upon receipt.

It shall be the duty of the Campaign Finance Office, in case of mass media entities
located in the NCR, and the concerned COMELEC Field Officer for mass media entities
located outside of the NCR, to formally notifli mass media entities that the latter's failure
to comply with the mandatory provisions of this Section shall be considered an election
offense punishable pursuant to Section 13 of the Fair Elections Act.

b. For Contracto6 and Business Firms, Within thirty (30) days after the
conduct of the election, every person or firm to whom any electoral expenditure has been
made shall file a written Report of Contractors and Business Firms using the prescribed
form which shall contain the following information and accompanied with the official
receipt issued to the person with whom the contractor or business firm had transacted:

i. The full name of the candidate who incurred such expenditures;

ii. The nature or purpose of each expenditure;

iii. The description of the goods or services provided by the contractor or business
firm;
iv. The date when the expenses were incurred;

v. The amount or cost thereof; and

vi. The serial number of the official receipt, cash invoice, or other BlR-approved
document issued.
For contractors and business firms with offices or places of business in Metro
Manila, they should submit their repoft to the CFO. For those with offices or places of
business outside the NCR, they must submit the same to the nearest COMELEC field office.

The form and required contents for filing of the Report of Contractors and Business
Firms shall be those provided in the COMELEC Rules and Requlations Governing Campaign
Finance and Disclosure.

SEC. 245, Fair and accurate ,eporting. - All members of the news media,
television, radio, print, or online, shall scrupulously report the news, taking care not to
suppress essential facts or distort the truth by omission or improper emphasis. They shall
recognize the duty to air the other side and the duty to correct substantive errors promptly
and without prejudice to the right of said broadcast entities to air accounts of significant
news or newsworthy events and views on matters of public interest.

SEC. 245, Right to rcply - All bona fide candidates shall have the right to reply
to charges published or aired against them. The reply shall be given publicity by the
newspaper/ television, and/or radio station which first printed or aired the charges with
the same prominence or in the same page or section, or in the same time slot as the first
statement.
Candidates may invoke the right to reply by submitting within a non-extendible
period of thirty-six (36) hours from first broadcast or publicatlon, a formal verified claim
against the mass media entity to the COMELEC, through the appropriate RED, or in the
case of the NCR, the EID. The claim shall include a detailed enumeration of the

I'age 106 of 239

circumstances and occurrences which warrant the invocation of the right of reply and
must be accompanied by suppoting evidence, such as a copy of the publication or
recording of the television or radio broadcast, as the case may be. The claimant must
likewise furnish a copy of the verified claim and its attachments to the mass media entity
concerned prior to the filing of the claim wlth the COMELEC.

The COMELEC, through the appropriate RED or the EID, shall review the formal
verified claim within thirty-six (36) hours from receipt thereof, and if circumstances
warrant, endorse the same to the mass media entity involved, which shall, within twenty-
four (24) hours, submit its report to the RED or EID, as the case maybe, explaining the
action it has taken to address the claim. The mass media entity must likewise furnish a
copy of the said report to the claimant invoking the right to reply.

Should the claimant insist that his/her right to reply was not addressed, he/she
may file the appropriate petition and/or complaint, within two (2) days from the inaction
of the filed verified claim, before the Office of the Clerk of the Commission.
SEC. 247. Rates for political propaganda.ls- During the election period, media
outlets shall give bona fide candidates a discounted rate for their election propaganda
from the average of the published rates in the last three (3) calendar years prior to the
election, as follows:
a. For television - Fift/ percent (50o/o);
b. For radio - Forty percent (40olo);
c. For print - Ten percent (10o/o)

In no case shall rates charged to bona fide candidates be higher than rates charged
to non-political advertisers.
Media outlets may give discounts higher than the above-mentioned rates. Provided,
that the discount given to one candidate shall be the same given to other candidates for
the same position. For this purpose, media outlets shall submit the average published
rates charged during the last three (3) years preceding the elections five (5) days before
the start of the election period.
It shall also submit a cetification to the Campaign Finance Offlce that the above
discounted rates or higher discounted rates were applied in charging the candidates on
their election propaganda.
SEC. 248, Regulation of election propaganda through mass media. - In
all instances, the COMELEC shall supervise the use and employment of press, radio, online,
and television facilities insofar as the placement of political advedisemenb is concerned
to ensure that candidates are given equal oppodunity under equal circumstances to make
known their qualifications and their stand on public issues within the limits set forth in the
OEC, the FEA, and these Rules.

SEC. 249. Posting of campaign materials, - Candidates may post lawful

campaign material in:

a. Authorized common poster areas in public places, subject to the requirements

and/or limitations set forth in the next following section; and

b. Private propety, provided that the posting has the consent of the owner thereof
and that the applicable provisions of Section 242 herein are complied with.

The posting of campaign materials in public places outside of the designated

common poster areas, on private propety without the consent of the owner, or in
violation of Section 242 hereof, and in those places enumerated under Section 240

SREPUBLIC ACT NO. 11207 (AN ACT PROVIDING FOR REASONABLE RATES FOR POI,ITICAI, ADVERTISEMENTS, AMENDINC
IOII THE PUIiPOSE SECTION 11 OF REPUBLIC ACI NO, 9006, OT]IERWISE KNOIATN AS TT{E "IAIR ELEC-IIONS ACI''),

Page 107 of 239

 (f) hereof and the like, is prohibited. Persons posting the same shall be liable
together with the candidates and other persons who caused the posting.
For this purpose, there is a presumption that the candidates caused the posting of
campaign materials outside the common poster areas if they do not remove the
same within three (3) days from notice issued by the Election Officer of the city or
municipality where the election propaganda is posted or displayed.
Members of the PNP and other law enforcement agencies called upon by the
Election Officer or other COMELEC officials may file the appropriate charges
against the violators of this Section.

SEC. 250, Common poster arcas. -

Candidates may, upon authority of the
COMELEC, through the City or Municipal Election Officer concerned, construct common
poster areas, at their expense, wherein they can post, display, or exhibit their election
propaganda to announce or further their candidacy subject to the following requirements
and/or limitations:
a. A common poster area does not refer to a post, a tree, the wall of a building or an
existing public structure that is in active use, but a structure, the location and
number of which are specified below, that is temporarily set up by the candidates
for the exclusive purpose of displaying their campaign posters;

b. In no instance shall an Election Officer designate as common poster areas, any

trees, plants, shrubs located along public roads, in plazas, parks, school premises
or in any other public grounds. In cases where candidates still persist in displaying,
posting, or exhibiting their campaign or election propaganda on trees and plants,
they shall be prosecuted for violation of these Rules, without prejudice to the
institution of a criminal complaint for the violation of Republic Act No. 3571rs;

c. Each candidate, with prior consent from the COMELEC, may put up common poster
areas in every barangay, subject to the following limitations:

5,000 registered voters or less 1 common poster

a rea

For every increment of 5,000 registered 1 additional

voters, or a fraction thereof, thereafter common poster
area

d. Such common poster areas shall be allowed by the Election Officer only in selected
public places such as plazas, markets, barangay centers and the like, where
posters may be readily seen or read, and with the heaviest pedestrian and/or
vehicular traffic in the city or municipality;

e. The Election Officer shall make, and post in his office, a list of the common poster
areas in each city or legislative district in said city or municipality, indicating therein
their exact locations, and furnish each candidate copies of said list at the latter's
expense/ and also the Provincial Election Supervisor and the EID Director;

f. The Election Officer shall comply with his obligations in the immediately preceding
paragraph not later than five (5) days before the start ofthe campaign period and
failure to do so shall make him liable for gross neglect of duty;

! AN AC-T TO PROHIBIT 1'I IE CUTNNG, DESIROYING OR IN'URING OFPLANTEDOR CROMNC TREES, FLOWERING PLANIS
AND SHRUBS OR PLANTS OF TENIC VALUE ALONC PUBLIC ROAD6, IN PLAZAS, PARKS, SCHOOL PREMISES OR IN ANY
OTHER PUBLIC PLEASURE GROUND PROMULCATEDON 21,1963,
'UNE

Page 108 of 239

s The size of each common poster area for candidates shall not exceed four (4) by
six (6) feet or its equivalent but not exceeding a total area of twenty-four (24)
square feet.

h. The sizes of individual posters that may be posted in each common poster area
shall not exceed two (2) by three (3) feet. However, in case of space limitations,
posters of candidates may be reduced to a uniform size to accommodate all
candidates. This regulation is also violated by making single letters of names
having the maximum size or lesser and then putting them together to form a size
exceeding two (2) by three (3) feet;

i. The common poster areas allocated to candidates shall not be used by other
candidates even with the consent of the former;

Candidates shall file their applications to construct common poster areas

with the Office of the City/Municipal Election Officer concerned within five (5) days
from the effectivity ofthese guidelines or on such other date as may be determined
by the Commission; otherwise, they must accept the listing prepared by the
Election Officer;

Within five (5) days after the elections and without need of notice, the
candidates who applied for the putting up of common poster areas shall tear down
the same at thelr own expense and restore the site into its original condition. All
other campaign materials outside of the common poster areas shall likewise be
removed;

Non-performance of this obligation shall be deemed a violation of the law

and regulation on the observance of common poster areas for which the candidate
concerned shall be liable for an election offense;
j. No lawful election propaganda materials shall be allowed outside the common
poster areas except on private property with the consent of the owner or in such
other places mentioned in these guidelines. Any violation hereof shall be
punlshable as an election offense;

k. In all cases, the parties shall agree among themselves how their individual posters
in the common poster areas shall be placed. In case no agreement is reached,
the Election Officer concerned shall determine said placement by drawing of lots.

The Election Officer shall act on all applications for common poster areas within
three (3) days from receipt thereof. For this purpose, he/she shall determine
whether the proposed common poster area sites are public places with heavy
pedestrian or vehicular traffic, or business or commercial centers, or densely
populated areas, and equitably and impartially allocate the sites to ensure
maximum exposure of the lawful propaganda materials of all candidates.

m Any candidate aggrieved by the action ofthe Election Officer may appeal the same
within two (2) days from receipt of the order of said Election Officer to:

1. The Provincial Election Supervisors (PES); or

2. The Regional Election Director (RED), in the case of the National Capital
Region (NCR).

n. The Provincial Election Supervisor (PES) or Regional Election Director (RED)

concerned shall decide the appeal within two (2) days from receipt thereof,
furnishing copies of the decision to the parties concerned and to the Law
Department of the COI4ELEC. The decision shall be final and executory.

Page 109 of 239

 SEC. 251. Prohibition on the removal, destruction or defacement of
lawful etection propaganda. - During the campaign period, it is unlawful for any person
to remove, destroy, take down or, in any manner, deface or tamper with, or prevent the
distribution of any lawful election propaganda enumerated in Section 239 hereof.
SEC, 252. Removal, confrsation, or destruction of ptohibited
prcpaganda materials - Any prohibited form of election propaganda shall be stopped,
confiscated, removed, destroyed, or torn down by COMELEC representatives, at the
expense of the candidate for whose apparent benefit the prohibited election propaganda
materials have been produced, displayed, and dlsseminated.

Any person, association, government agency may likewise report to the COMELEC
any prohibited form of election propaganda for confiscation, removal, destruction and/or
prevention of the distribution of any propaganda material on the ground that the same is
illegal, as listed in these guidelines.

The COMELEC may, motu proprio, immediately order the removal, destruction
and/or confiscation of any prohibited propaganda material, or those materials which
contain statements or representations that are illegal.

SEC. 253. Creation of task force to tear down and temove unlawful
el&tion materials - A task force shall be created in each city and municipality,
composed of the Election Officer as Chairman, the Chief of Police of the Philippine National
Police (PNP) as Vice Chairman, and representatives from Department of Public Works and
Highways (DPWH) and the Department of Environment and Natural Resources (DENR)
as Members, to tear down and remove all unlawful election materials. For NCR, a
representative from the Metro Manila Development Authority (MMDA) shall also be
designated as member. The Chairman ofthe Task Force may, at his/her discretion, include
other agencies or organizations in the Task Force.
The Task Force shall have the following duties and functions:

a. To tear down and remove campaign propaganda materials posted in public

places outside the common poster areas;
b. To tear down and remove all prohibited forms of campaign materials
wherever posted or displayed in public places;
c. To monitor and watch out for persons posting or distributing said unlawful
election paraphernalia; and
d. To submit a report of said activities to the Offlce of the Regional Election
Director (ORED).

SEC. 254. Modes of removal or dismantling of prohibited forms of campaign

materials. -
a. Simple Abatement or the summary removal of illegal campaign materials
clearly seen in prohibited locations such as those outside the common
poster areas or in public places,

b. Punitive abatement or the removal of illegal campaign materials subject

to Notice and preparatory to the filing of appropriate legal action.

The procedure for this form of abatement are as follows:

i. The Election Officer shall survey his or her respective area of

jurisdiction and document illegal campaign materials by taking
photographs, indicating their location, date and time. The date and
time shall be proven by a newspaper of the day, and there shall be
at least one article prominently visible to authenticate the date when
it was taken, The photo must be strategically taken showing the
landmarks of the location where the illegal campaign material is
posted.

Page 110 of 239

lt. The Election Officer shall immediately send the Notice to Remove
to the candidates to their designated "address for Election
Purposes" indicated in their Certificates of Candidacy. The Notice to
Remove shall contain the following:

1. Description of the illegal campaign material/s;

2. Location where it was seen with landmarks;
3. Specific violation/s committed;
4. Instruction to remove the campaign material within
seventy-two (72) hours with mention of the penalty in
case of failure to comply;
5. Signature of the Election Officer; and
6. A clear photo of the campaign material earlier
documented shall be attached to the Notice for
reference of the candidate. Seventy-two (72) hours
shall be counted after receipt of the Notice by the
candidate concerned or a person of sufficient age and
discretion at the address indicated with his/her full
name, signature and date of receipt of the copy, either
by personal service or express mail.

A sample template of said Notice is attached hereto as Annex "S".

In case of failure to remove the same withln seventy-two
(72) hours from Notice, such candidate is presumed to be the owner
or the person who caused such violation.
. An Affidavit of Service shall be executed by the COMELEC staff who
has served or mailed the same.

After seventy-two (72) hours, the Election Officer, in coordination

with partners shall return to the place where the illegal campaign
material is located to inspect the same. If the material is still there,
he/she shall take a photo of it with the newspaper of the day, to
authenticate the fact that it is still there despite the lapse of
seventy-two (72) hours, after which it will be taken down in a
manner that will preserve its evidentiary value. For purposes of
proper identification of evidence, the following shall be written at
the back thereto:

t. Name of the Candidate/s

ii. Specific place where campaign posters was removed
iii. Date of removal
iv. Nature of violation (oversized, placed outside the CPA, and
the like)
Names and signatures of witnesses
Name of Election Officer and his/her signature

The Election Officer shall prepare a Complaint-Affidavit or

Sinumpaang Salaysay on the circumstances of the commission of
the election offense and attach the original Notice to Remove (with
attached photo/s) with proof of receipt, a notarized Affidavit of
Service, a photo to show non-compliance to the Notice on the date
of the removal after seventy-two (72) hours, and the actual
campaign material with the signatures of the Election Officer and
witnesses therein.

For this purpose, all Regional Directors, Assista nt Regional

Directors, Regional Election Attorney, Provincial Election

Page 111of 239

 Supervisors and Election Officers who are members of the bar are
authorized to administer oath.

Submit to the Law Department for evaluation and/or docketing.

v . The Law Department, after evaluation and finding basis for

probable cause, shall refer to the Regional Election Director for the
conduct of a Preliminary Investigation.

v t. The Regional Election Director may designate an Investigating

Officer who must be a member of the bar.

tx. The Investigating Officer shall conduct preliminary investigation by:

1. Requiring respondent/s to submit verified Counter-
Affidavits with affidavits of witnesses;
if
2. Conduct of clarificatory hearing/s, necessary, to
ascertain factual issues; and
3. Submit the Findings/Recommendations in accordance
with the periods required by the Law Department.

X The ORED shall transmit to the Law Department the Findings and
Recommendation of the Investigating Officer;

XI The Law Depaftment shall review the Findings and

Recommendation of the Investigating Officer and submit to the
Commission En Bancits own recommendation; and

x . The Commission En Banc shall issue a resolution affirming, denying,

modifying and/or amending the recommendation of the Law
Depaltment.

SEC. 255, Removal of prohibited pnopaganda materials before the staft

of the campaign period. -All prohibited forms of election propaganda as described in
Section 242 of these Rules shall be immediately removed, or caused to be removed, by
said candidate at least sevenfy-two (72) hours before the staft of the campaign period.

The prohibited forms of propaganda contemplated in this Section include any

names, images, logos, brands, insignias, initials, and other forms of identifiable graphical
representations placed by incumbent officials on any public structures or places as
enumerated in Section 240 (0 of these guidelines.
SEC. 256. Removal of prcpaganda materials after the elections, - Within
five (5) days after the elections and without need of notice, the candidates shall remove
or cause to remove all their election propaganda at expense of the candidate for whose
apparent benefit the election propaganda materials have been produced, displayed, and
disseminated.

SEC. 257, Application for permit to hold public meetings, rallies or other
political activities.- All applications for permits to hold public meetings, rallies and other
similar political activities shall be filed with the authorized city or municipal official who
shall acknowledge thereof in writing. Immediately after its filing, the application shall be
posted in a conspicuous place in the city hall or municipal building.

The official before whom the application is filed shall submit to the Election Officer
concerned on the first working day ofeach week the list of applications, if any, filed during
the previous week and the action taken thereon.
SEC. 258. Action on application for permit. - Within three (3) days after the
filing of an application for permit to hold public meetings, rallies or other political activities,

Page 112 of 239

the local authority concerned shall act in writing on said application. Any application not
acted upon within three (3) days from the date of its filing shall be deemed approved.

In acting on the application, the approving official shall give all candidates equal
and fair opportunity as to date, time and place, to hold public political meetings or rallies.
During the campaign period, all candidates shall be entitled to hold at leasf one public
meeting or rally, in the public plaza or place where public political meetings or rallies are
usually held.

An application for permit shall be denied only on the ground that a prior written
application by another candidate has been approved, Denial of any application may be
appealed to the Provincial Election Supervisor or to the Regional Election Director, for
cases in the National Capital Region, who shall decide the same within forty-eight (48)
hours after the filing of the appeal, and shall give notice of the decision to the parties. The
decision shall be final and executory.

SEC. 259, Affidavit of compliance with health p,otocols. - Within twenty-

four (24) hours after the conclusion of any in-person campaign activity, the campaign
organizing staff shall submit a notarized Affidavit of Compliance with Health Protocols to
the COMELEC with territorial jurisdiction over the place where the in-person campaign
activity was conducted,
Failure to submit an Affidavit of Compliance with Health Protocols shall constitute
non-cooperation of the person or entities punishable under Section 9 par. (d) or (e), as
the case may be, of Republic Act No. 11332. otherwise known as the Mandatory Reporting
of Notifiable Diseases and Health Events of Public Health Concern Act, and its
Implementing Rules and Regulations. (As introduced by Paragraph C of IATF Resolution
NO. 106-8, March 28,2021).

SEC, 260, Prohibited acts during public meetings. - It is unlawful for any
candidate or any person to give or accept, free of charge, directly or indirectly,
transportation, food and drinks, or anything of value during and within the five (5) hours
before and after a public meeting, or to give or contribute, directly or indirectly, money or
things of value for such purpose.
It shall likewise be unlawful for any candidate or any person to act in a manner
that violates the minimum health and safety protocols, and other applicable guidelines
prescribed by the COMELEC and the Inter-Agency Task Force on Emerging Infectious
Diseases.

SEC. 261. E-rallies and livestteams allowed. - Any candidate, individually or

jointly with other aspirants, may hold peaceful online political meetings, rallies or other
similar activities during the campaign period. Such online political meetings, rallies, and
similar activities are not covered by the limitations on broadcast adveftising.

Livestreaming on the candidate's social media platforms shall be considered a form of

e-rally, subject to the following rules:
a. All e-rallies shall include a disclosure that identifies it as a political meeting or rally,
confirms compliance with minimum health protocols, and provides the relevant
date, time, and location information. For this purpose, a livestream on the
candidate's social media platforms shall be considered a political meeting or rally.
b. Candidates may receive in-platform gifts and game currency but shall not be
allowed to give gifts to livestream audiences, norto run promotions and campaigns
that will award in-platform gifu or game currency to platform users and livestream
audiences.

SEC. 262, Mass media columnist, announcer or petsonality running for

public office or is a ampaign volunteer. - Any mass media columnist, commentator,
announcerr or repofter who is a candidate for any elective public office, or is a campaign
volunteer for or employed or retained in any capacity by any candidate shall be deemed
resigned, if so required by their employer, or shall take a leave of absence from his/her
work as such during the campaign period. Provide4 that after he/she has filed his

Page 113 of 239

certificate of candidary but before the campaign period, it shall be his/her obligation not
to use his media work for premature election campaign or partisan political activity.
provlded, frnally, that any media practitioner who, while not himself a candidate, is a
member of the campaign staff of a candidate shall not use his/her time or space to favor
any candidate.

SEC. 263. Deputization - The COMELEC hereby deputizes the Philippine

Information Agency (PIA) and enlists the assistance of the Kaplsanan ng mga Brodkasters
ng Pitipinas (KBP) to assist the Commission, in coordination with the EID, in the
dissemination of these Rules.
The COMELEC hereby deputizes the Local Government Units (LGUs), the
Department ofthe Interior and Local Government (DILG), the Department of Environment
and Natural Resources (DENR), the Department of Public Works and Highways (DPWH),
and the Metro Manila Development Authority (MMDA) to assist the Commission in
removing and tearing down of unlawful election propaganda materials without any
partiality and to provide facilities and/or equipment necessary in tearing down of illegal
propaganda materials and perform such other duties and functions as the Commission
may prescribe from time to time.

SEC. 254, P,ohibition against interuention by political party, coalition of

-
political parties, or any other otganization. No person who files a certiflcate of
candidacy shall represent or allow himself to be represented as a candidate of any political
party or any other organization; and no political paty, political group, political committee,
civic, religious, professional. or other organization or organized group of whatever nature
shall intervene in his nomination or in the filing of his certificate of candidacy or give aid
or support, directly or indirectly, material of otherwise, favorable to or against his
campaign for election; Provided, that this provision shall not apply to the members of the
family of a candidate within the fourth civil degree of consanguinity or affinity nor to the
personal campaign staff ofthe candidate in his barangay; Provided, however, that without
prejudice to any liability that may be incurred, no permit to hold a public meeting shall be
denied on the ground that the provisions of this paragraph may or will be violated.

Nothing in this Section, however, shall be construed as in any manner affecting or

constituting an impairment ofthe freedom of individuals to support or oppose a candidate
for any barangay office.
Violation of this Section by any political party, group, or coalition of political parties
shall be a ground for the cancellation of its registration with the Commission.

SEC. 265, Election offense. - Any violation of the Fair Elections Act (FEA) and
these guidelines shall constitute an election offense punishable under the first and second
paragraph of Section 264 of the Omnibus Election Code (OEC) and other pertinent laws,
rules and regulations, whenever applicable. Any aggrieved party may file a verified
complaint for violation of these guidelines with the COMELEC Law Depaftment.

Afticle XI
RULES ON GUN BAN

SEC. 256, Prohibitd acts. - During the election period:

a No person shall bear, carry or transport firearms or deadly weapons outside
his/her residence or place of business, and in all public places, including any
building, street, park, and in private vehicles or public conveyances, even if
he/she is licensed or authorized to possess or to carry the same, unless
authorized by the Commission, through the Committee on the Ban of Firearms
and Security Concerns (CBFSC).

b. No person shall employ, avall him/herself or engage the services of security

personnel or bodyguards, whether or not such security personnel or bodyguards

Page 114 of 239

 are regular members or officers ofthe AFP, PNP, other law enforcement agencies
of the government or from a private security service provider, unless authorized
by the Commission, through the CBFSC, in accordance with the provisions of this
Resolution.

c No person or entity shall transport and deliver firearms and/or their parts,
ammunitions and/or their components, and explosives and/or their components,
unless authorized by the Commission, through the CBFSC, in accordance with the
provisions of these guidelines.

SEC. 257, Suspension of Permit to Carry Firearm Oubide of Residence

/
(PTCFORS) and Letter Order (LO) Mission Order (MO). -Any PTCFOR, LO or MO
issued by the PNP Chief, AFP Chief of Staff, Commanding General or Flag Officer in
Command of the different branches of the AFP and their sub-units, or their duly authorized
representatives, or any other head ofthe government law enforcement agency are hereby
declared suspended, ineffective, and without force and effect during the election period,
unless properly covered by a certificate of authority duly issued by the CBFSC.

CHAPTER I
THE COMMITTEE ON THE BAN ON FIREARMS AND
SECURIW CONCERNS

SEC. 268. fhe CBFSC, -The CBFSC refers to the Committee in the Commission
responsible for the implementation of the rules on application for exemption on the ban
on the bearing, carrying or transpoting of firearms and the employment, availment or
engagement of security personnel. It shall have direct control, supervision, and oversight
over the R/P/C/MJSCC. It shall be composed of:

a. a Commissioner, as the Representative of the Commission to the CBFSC

and the CBFSC Chalrperson;

b. a Senior Officer of the PNP not lower than Police Brigadier General, as the
PNP Representative to the CBFSC; and

c a Senior Officer of the AFP not lower than Brigadier General, as the AFP
Representative to the CBFSC.

The CBFSC shall also be responsible for all security concerns and matters relative
thereto during the election period.
The CBFSC shall have its Operations Division with an Overall Supervising Evaluator,
and a Secretariat Division. It shall be assisted by the representatives from the Commission,
AFP, and PNP.

SEC. 269, Powers of the CBFSC. - The Commission, through the CBFSC, and
in accordance with the provisions of these guidelines, shall have the sole and
excl usive a uth ority to i
a. Issue certificates of authority for the:

i. Bearing, carrying or transporting of firearms or other deadly

weapons; or
ii. Employment, availment or engagement of the services of security
personnel or bodyguards; or
iii. Transport or delivery of firearm and/or its parts, ammunition and/or
its components, and explosive and/or its components.

b. Review all actions undetaken by any R/P/C/MJSCC.

Page 11.5 of 239

 c Act on all security concerns and matters relative thereto during the election
period

CHAPTER II
THE REGTONAI, PROVINCIAL CTTY AND MUNICIPAL
JOrNr SECURTTY CONTROL CENTERS (R/P/C/MISCC)

SEC. 27O, The RJSCC.-fhe RISCC shall be composed ofthe following:

a Regional Election Director, as head;

b. Regional Director, Police Regional Office, PNP; and

c. Either the Division or Brigade Commander with the highest rank designated
by the AFP.

The USCC shall be assisted by a Secretariat composed of a representative from

the Commission, as may be deslgnated by the CBSFC Chairperson, and representatives
from the Office of the Regional Election Director, the PNP-Regional Police Office and the
AFP Battalion.

SEC.27L. The PJSCC. - The PJSCC shall be composed of the following:

a. Provincial Election Supervisor, as head;

b. Provincial Director, Police Provincial Office (PPO), PNP; and

c Either the Battalion Commander of the AFP or the highest-ranking officer in the
area as may be designated, as members.

The PJSCC shall be assisted by a Secretariat composed of a representative from the

Commission, as may be designated by the CBSFC Chairperson, and representatives from
the Office of the Provincial Election Supervisor, the PNP-Police Provincial Office and the
AFP assigned in the province.

SEC.272. Composition of the C/MISCC - The C/MJSCC shall be composed of

the following:

a City/Municipal Election Officer, as head;

b Chief of Police of the PNP; and

c The highest-ranking AFP officer in the area, as may be designated.

SEC.273. Function. - The R/P/C/MJSCC shall be responsible for assisting the

CBFSC in the implementation of the ban on the bearing, carrying or transporting of
firearms in their respective regions, provinces, cites/municipalities, which includes, but not
limited to, information dissemination, on matters of security concerns and compliance
monitoring.

Page 1.1.6 of 239

 CHAPTER TII
THE EVALUATION UNITS, AND THE REGIONAL
EVALUATION UNITS

SEC. 274. The Evaluation Unit (EU) or Regional Evaluation ttnit (REt
),_
The EU or REU, under the cBFSC and RJSCC. respectively, shall be composed of personnel
directed by the commission, PNP, and AFP to assist the cBFsc and uscc, and to evaluate
applications and submit corresponding recommendations thereon.

For this purpose, The PNP EU shall be composed of the personnel duly designated
by the Chief, PNP or by the PNP Representative to the CBFSC, to be composed by officers
and personnel from the PNP Directorate for Operations (DO); Civil Security Group (CSG),
particularly from its Firearms and Explosives Office (FEO) and the Supervisory Office for
Security and Investigation Agencies (SOSIA); the Secretariat of the permit to Carry
Firearms Outside Residence (PTCFOR Secretariat); and the Police Security and protection
Group (PSPG). The PNP EU shall be under the direct control and supervision of the PNP
Representative to the CBFSC, and shall be the sole custodian of all information related to
PTCFORS, firearms registration, and other firearms licenses and permits issued by the
PNP, as well as all data and information pertaining to the PNP.

On the other hand, the PNP REU shall be composed of the personnel duly
designated by the Chief, PNP or by the PNP Representative to the CBFSC, or by the PNP
Representative to the RJSCC, preferably from the Police Regional Office (PRO), and
Regional Civil Security Unit (RCSU), and the Regional Intelligence Unit (RCU). The PNP
REU shall be under the direct control and supervision of the PNP Representatlve to the
USCC.

The AFP EU and REU shall be composed of the commissioned and non-
commissioned officers of the AFP duly designated by the AFP Chief of Staff, or by the
Deputy Chief of Staff for Operations (OJ3), or the AFP Representative to the CBFSC and
USCC, respectively,

The PNP EU, PNP REU, AFP EU and AFP REU shall have their respective Team Leaders
who shall have the duty of ensuring the efficient and accurate processing of applications
endorsed by the CBFSC or USCC Secretariat, respectively, and timely accomplishment of
assigned tasks, as well as direct supervision over their respective personnel assigned at
the CBFSC and RJSCC, as the case may be, and shall be responsible for the following:
a. Distribution for evaluation of the applications for certificate of authority, as
received by the CBFSC Secretariat to the different units of the PNP EU and REU,
and AFP EU and REU;

b. Monitoring of the timely release of all evaluated applications;

c. Monitoring of the different units and the shiftlng of its personnel;

d. Safekeeping of all received applications and related documents; and

e Compliance with R.A. No. 10173 or the Data Privacy Act of 2012, as implemented
by the Data Privacy Management Program of the Commission.

CHAPTER IV
CERTIFICATE OF AUTHORIW AND THEIR CATEGORIES

SEC. 275. Certifiate of Authority (CA).- Ihe CA is lssued by the CBFSC to

qualified applicants giving them the authority to:
a. Bear, carry or transport firearms or other deadly weapons;

Page !17 of 239

 and
b. Employ, avail or engage the services of security personnel or bodyguards;

c. Transport or dellver firearm and/or its parts, ammunition and/or its components'
and explosive and/or its components'

SEC. 276. Categories of CA, - CAs are categorized, as follows:

a ceftificate of Authority - Law Enforcement Agencies (CA-LEA) is issued to the AFP,

PNP, and other government departments, agencies, offices, bureaus, commissions,
and tribunals, specifically limited to and covering only personnel in the active regular
plantilta of the said agencies, performing law enforcement and/or security functions
and/or election duties, and are receiving regular compensation for the said services
rendered therein, excluding consultants, part-time, temporary, contractual, casual or
job order employees, or confidential agents, employees or personnel, as well as those
under contracts of service, whether or not receiving compensation from the
Government of the Republic of the Philippines for services rendered.

b. Certificate of Authority - Diplomatic Missions (CA-DM) is issued to the security

personnel of Foreign Diplomatic Corps, lvlissions, and Establishments under
international law, including foreign military personnel in the Philippines covered by
existing treaties and international agreements endorsed by the Secretary of Foreign
Affairs and the Heads of Missions of foreign countries in the Philippines.

c Certificate of Authority - Security Agencies (CA-SA) is issued to PSSPs.

d. Certificate of Authority - Cashiers/Disbursing Officers (CA-CDO) is issued to cashiers

or disbursing officers of privately-owned corporations or companies.

e Certificate of Authority - High-Risk Individuals (CA-HRD is issued to:

Qualified official of the Government of the Republic of the Philippines, who, by the
nature of his/her person, position, duty, profession and/or office, is performing
law enforcement and/or security functions and/or election duties, and is thus
considered as a high-risk individual; or

ii. Qualified individual, who: (1) by the nature of his/her official duties, profession,
business or occupation, or (2) is under the Wltness Protectlon, Security and Benefit
Program of the Department of Justice (DOJ) or similar official program of the
Government of the Republic of the Philippines, and deemed by the Commission,
CBFSC, USCC, PNP Chief or AFP Chief of Staff as a high-risk individual. Former
public officials are included in this category.

f. Cetificate of Authority - Security Details (CA-SD) is issued to security details for public
officials and private individuals.

g. Certificate of Authority - Transport (CA-TT) is issued for the transport or delivery of

firearm and/or its parts, ammunition and/or its components, and explosive and/or its
components.

h. Certificate of Authority - Sports Shooters (CA-SS) is issued to competitive sports

shooters, excluding alien citizens or foreigners, who will be participating in
international classifier and qualifier matches scheduled prior to the election period, in
representation of their duly registered organizations and/or the Philippines.

SEC. 277 . Validity of CA. - Any CA duly issued in accordance with these guidelines
shall be valid from the date of issuance until the end of the election period or the period
indicated in such CA and strictly under the terms and conditions for the grant thereof
unless:

a. Earlier revoked by the CBFSC:

Page 118 of 239

 For any misrepresentation or false statement in the application or
its attachments, or submission of falsified documents; or
[. After the ground/s for which the CA was issued cease/s to exis! or
iii. For such other grounds deemed appropriate by the CBFSC; or

b Ipso facto deemed null and void if the grantee violates or fails to comply with the
conditions for carrying of firearms or for transporting of firearms, ammunitions,
explosives, and/or their respective parts or components, as the case may be; or

c Any license or permit issued by the PNP and used in suppod of the application for
the issuance of corresponding CA is revoked, cancelled or suspended by the pNp
Chief or his authorized representative; or

d. A different period of validity is prescribed by the CBFSC or USCC, as the case may
be.

SEC,278. Etrect of Expiration or Revocation of Any of the Applicable

Licenses, Registrations and Permits. - Any CA shall automatically become ineffective
upon the expiration or revocation of any of the applicable licenses, registrations and
permits, including but not limited to LCR, CFR, PTCFOR, LTOPF, LO, MO, Property
Acknowledgment Receipt (PAR), Acknowledgment Receipt for Equipment (ARE), and other
pertinent firearms documents.

CHAPTER V
FULL EXEMPTION GRANTED TO CERTAIN GOVERNMENT
OFFICIALS AND PERSONNEL

5EC,279, Full exemption, - The CBFSC shall grant full exemption from the ban
on the bearing, carrying and transporting of firearms, and to transpot or deliver firearms
andl or its parts, ammunitions and/ or its components, and explosives/and or its
components, to the following government officials and personnel:

a. The President of the Republic of the Philippines, as the Commander-in-

Chief of the AFP and Head of the Executive Department, including the PNP;

b. The Vice President of the Republic of the Philippines;

c The Senate President and the Senators of the Republic of the Philippines;

d The Speaker and Members of the House of Representatives;

e The Chief Justice and the Justices of the Supreme Couft;

f. The Justices of the Couft of Appeals, the Sandiganbayan, and the Court of
Tax Appeals;

g. The Judges of the Regional Trial Courts and Municipal/ Metropolitan/ Circuit
Trial Courts and Sharihh High/Distric(Circuit Courts;

h. AFP Chief of Staff and AFP Major Service Commanders;

PNP Chief and PNP Senior Officers;

j. Cabinet Secretaries, Undersecretaries, Assistant Secretaries;

Page 119 of 239

 k Ombudsman, Deputy Ombudsmen, and Investigators and Prosecutors of
the Ombudsman;

l. Prosecutor General Chief State Prosecutor, State Prosecutors, and

Prosecutors mentioned under R.A. No. 10071 of the National Prosecution
Service of the Department of Justice; and

m. The Chairman, Commissioners, Executive Director, Deputy Executive

Directors, Directors and Lawyers employed by and holding offce in the
Main Office of the Commission, Chiefs-of-Staff of the Offices of the
Chairman and Commissioners, Regional Election Directors, Assistant
Regional Election Directors, Provincial Election Supervisors, Regional
Election Attorneys and Election Officers, and Organic Security Officers of
the Commission,

Pmvided, that the above-enumerated persons possess the following whenever

they carry firearms or other deadly weapons:

1. Valid, updated and current License to Own and Possess Firearms (LTOPF);

2. Valid, updated and current Certificate of Firearms Registration (CFR) which firearm
is allowed under existing laws, rules and regulations, assessed and evaluated by
the Philippine National Police (PNP);

3. Valid, updated and current Permit to Carry Firearms Outside of Residence

(PTCFOR) for privately owned firearms; and

4. Other applicable/ pertinent firearms licenses/ registrations/ permits/ documents.

Provided fufther, that in no instance shall the above-enumerated persons bear,

carry, or transport more than two (2) firearms.

SEC. 280. Security detail. -The above-enumerated government officials and

personnel shall also be entitled to avail, engage or employ not more than two (2) security
details from the PNP, AFP, other law enforcement agencies or from PSSPs, or otherwise
retain the services of their duly engaged or appointed regular security personnel or
complement pursuant to their respective existing authorizations or engagements,
Provided, that the following information shall be submitted to the CBFSC for the issuance
of the corresponding CA-SD:

a name and contact number of the concerned government agency/PSSP where the
proposed security detail is/are assigned;

b. name/s of the proposed security detail with corresponding rank, if known to the
applicanU

c description of the firearms and firearms registration data of the proposed security
detail; and

d. the proposed security details must come from either a duly authorized law
enforcement agency with a valid CA-LEA, or PSSP with a valid CA-SA.

Provided further, that the terms and conditions relating to the employment,
availment or engagement of services of security personnel or bodyguards laid down in
Section 303 of these guidelines shall be strictly complied with.

The two (2) security detail limitation does not apply to the President, Vice-President,
Senate President, Speaker of the House, Chief Justice, AFP Chief of Staff and PNP Chief.

I'age 120 ot 239

 As to the other government officials and personnel mentioned in the immediately
precedlng section, when the circumstances warrant, they may apply with the CBFSC for
CA for two (2) additional security personnel or bodyguards, or such additional number of
security personnel or bodyguards as the CBFSC may deem appropriate under the
circumstances. In such a case, they shall comply with the requirements enumerated in
these guidelines applications for CA-SD with respect to the additional security personnel
or bodyguard.
CHAPTER VI
CERTIFICATE OF AUTHORITY - LAW ENFORCEMENT
AGENCIES

SEC.281. Preferential Disposition of All CA-LEA Applicafrbas. -Applications

for CA-LEA are given utmost priority and shall receive preferential attention over all other
applications.

SEC.282. Who May Bearl Carry or Transport Firearms. - Regular officers,

members, and agents of the following agencies of the government who are actually
performing law enforcement and/or security functions and/or election duties may bear,
carry or transport firearms during the election period:

a. Commissioned and Non-Commissioned Officers, and Enlisted Personnel of the AFP;

b. Commissioned and Non-Commissioned Officers of the PNP;

c. Officers, Agents, and Law Enforcement and Security Personnel of the National Bureau
of Investigation (NBI);

d. Officers and Members ofthe Bureau of Corrections, and Provincial and CityJails;

e, Officers and Members of the Bureau of Jail Management and Penology;

f. Off;cers and Members of the (i) Intelligence Dlvision, (ii) Investigation Division of the
Intelligence and Investigation Service, and (iii) Customs Police Division of the
Enforcement and Security Service of the Bureau of Customs;

g. Officers and Members of the Port Police Department of the Philippine Ports Authority;

h. Officers and Members of the Philippine Economic Zone Authority Police Force;

i. Officers and Members of the Government Guard Units regulated by the PNP under
R.A. No. 5487;

j. Officers and Members of the Manila International Airpoft Authority Police Force;

k. Officers and Members of the Law Enforcement Service of the Land Transportation
Office;

l. Officers and lvlembers of the Philippine Coast Guard;

m. Officers and Members of the Internal Security Operations Group of the Witness
Protection, Security and Benefits Program of the DOJ;

n. Officers and Members of the Enforcement and Investigation Division of the Optical
Media Board;

o. Officers and Members of the (i) Security Investigation and Transport Department, (ii)
Cash Department, and (iii) Office of Special Investigation, Branch Operations of the
Bangko Sentral ng Pilipinaq,

I'age 127 of 239

p. Officers and Members of the Offlces ofthe Sergeant-at-Arms (OSAA) ofthe (i) Senate
of the Philippines; and (ii) House of Representatives, including the OSAA-designated
regular security escorts of Senators and Representatives;

q. Officers and Members of the Inspection Service of the Philippine Postal Corporation;

r Officers and Members of the Inspection, Monitoring and Investigation Service of the
National Police Commission;

s Forest Officers defined under P.D. No. 705, Forest/Park Rangers, Wildlife Officers, and
Forest Protection and Law Enforcement Officers of the Depaftment of Environment
and Natural Resources under DAO No. 1997-32;

t. Officers and Members of the Bureau of Fire Protection;

U Officers and Members of the (i) Law and Investigation Division, and (ii) Intelligence
Divlsion of the Bureau of Immigration;

Officers and Members of the Intelligence and Security Unit of the Office of the
Secretary of the Depaftment of Foreign Affairs;

w. Officers and Members of the Philippine Drug Enforcement Agency;

x. Officers and Members of the Philippine Center for Transnational Crime;

y. Officers and Members ofthe National Intelligence Coordinating Agency;

z Officers and Members of the Civilian Armed Forces Geographical Unib Active
Auxiliaries and Special Civilian Armed Forces Geographical Units Active Auxiliaries
already constituted upon the effectivity of these guidelines while within the barracks;

aa. Officers and Members of the Presidential Security Group;

bb. (i) Treasurer and Deputy Treasurers of the Philippines, and (ii) Officers and Members
of the Internal Security Divislon of the Bureau of the Treasury;

cc. Officers and Members of the Internal Security of the Office of the Vice-President;

dd. Offtcers and Members of the Internal Security of the Office of the Secretary of
National Defense;

ee. Officers and Members of the Internal Security of the OFfice of the Secretary of the
Interior and Local Government; and

ft. Other Officers and Members of Departments, Divisions, Offices, Units or Detachments
performing law enforcement and/or security functions.

SEC. 283. Conditions for the fssuance of CA-LEA. - The issuance and validity
of the CA-LEA are subject to the conditions that when in the possession of firearms, the
members of the LEA are:

a. in the active regular plantilla of the said agencies and are receiving regular
compensation for the services rendered therein;

b. not consultants, part-time, temporary, contractual, casual or job order personnel,

or confidential agents, employees or personnel, as well as those under contracts
of service, whether or not receiving compensation from the Government of the
Republic of the Philippines for services rendered;

Page L22 of 239

 c if applicable, in the agency-prescribed uniform showing clearly and legibly at all
times his/her name, rank and serial number or, in case rank and serial number are
not applicable, displaying prominently the agency-issued identification card
showing clearly his/her name and position, which shall remain visible at all times.
However, in case of ofRcers or members of LEAs, the bearing and carrying or
transporting of firearms in civilian clothes shall be allowed in the following
circumstances:

While conducting lawful intelligence or counter-intelligence gathering

activities;
. During police emergencies;
iii. In operations involving national security; and
iv. In other similar legitimate covert police and/or security operations requirlng
strict operational security and for reasons of personnel safety.

d. duly authorized to possess firearm covered by a valid LTOPF, LCR, CFR or

PAR/ARE, and to carry the same outside of residence by virtue of a valid, current,
and updated PTCFOR, LO or MO;

e in the actual pedormance of official law enforcement and/or security duty and/or
election duty, or are going to or returning from his/her residence, dwelling,
barracks or official station;

f. bearing, carrying or transpoting a maximum of two (2) firearms indicated in

his/her name in the agency's Application Form and list/roster of personnel; and

g. he/she must be in possession of the following:

Valid, updated, and current LTOPF, as may be applicable;

[. Valid, updated, and current CFR and/or PAR/ARE, which firearm is allowed
under existing laws, rules and regulations, as assessed and evaluated by
the PNP;
t. Valid, updated, and current PTCFOR or LO or MO, as the case may be;
and

Other applicable and peftinent firearms licenses, registrations, permits,

and documents.

SEC. 284. Appliation Form and Documentary ReguiremenB for the

fssuance of CA-LEA. - Applicants for CA-LEA must completely accomplish and submit
the following requirements:
a. CBFSC Form No. 2O22-0L signed by the head of the agency;

b. CBFSC Form No. 2022A-01indicating therein the:

i. full names of the law enforcement or security personnel with their corresponding
rank or position; and
ii. firearms description and registration data, including the PAR/ARE with MO/LO for
government-issued firearms and/or CFR with PTCFOR for privately owned
firearms, among others.

c CBFSC Form No. 20228-01 with the colored 4" x 5" picture and description of the
authorized uniform of the office, if applicable.

Page 123 of 239

 The CBFSC Forms must be duly accomplished, completely filled up and signed by the
Head of the Agency, properly notarized, and filed in accordance with the procedures
herein set forth.

Moreover, the Head of Agency shall, under oath, attest to the truthfulness and
correctness of all the entries therein, assuring that all the conditions set forth in Section
283 (a) to (g) are strictly complied with. Failure to comply with the said conditions or any
finding of misrepresentation or false statement in the application shall render the CA-LEA
null and void.

CHAPTER VII
CERTIFICATE OF AUTHORITY. DIPLOMATIC MISSIONS

SEC.285. Who May Bear/ Cany or Transpott Firearms.- Security personnel

of Foreign Diplomatic Corps, Missions, and Establishments under international law,
including foreign military personnel in the Philippines covered by existing treaties and
international agreements endorsed by the Secretary of Foreign Affairs and the Heads of
Missions of foreign countries in the Philippines may bear, carry or transport firearms during
the election period.
SEC.286, Retention of Seruies of Security Perconnel or Bodyguards.-
The authority granted to or the services of those constltuting the duly engaged or
appointed regular PNP security detail of foreign dignitaries, including those assigned in
the latter's residences and embassies, shall subsist pursuant to their respective existing
authorizations or engagements.

SEC.287. Application Form and Documentary RequiremenB for the

Issuance of CA-DM.- Applicants for CA-DM or their duly authorized representative must
completely accomplish and submit the following requirements:
a. CBFSC Form No. 2022-02 signed by the head or lead of the Foreign Diplomatic
Corps, Missions and Establishments under international law, and foreign military
personnel in the Philippines;

b. CBFSC Form No. 2022A-02 indicating therein the:

full names of the security personnel with their corresponding rank or

position; and
[. firearms description and registration data, including the PAR/ARE with
MO/LO for government-issued firearms and/or CFR with PTCFOR for
privately owned firearms, among others.

c CBFSC Form No. 20228-02 with the colored 4" x 5" picture and description of the
authorized uniform of the security personnel;

d. Letter of endorsement from the Department of Foreign Affairs; and

e. Letter of endorsement from the head or lead of the Foreign Diplomatic Corps,
Missions and Establishments under international law, and foreign military
personnel in the Philippines.

The Application Forms, including the Data Privacy Notice and Consent Form, must be
duly accomplished, completely filled out and signed by the applicant or the duly authorized
representative, properly notarized. and filed in accordance with the procedures herein set
forth.
SEC. 288. Concernd LEA' and Government or Forcign Security
Personnel Agencies as Custodian of their fnformation, - The concerned law
enforcement and government or foreign security personnel agencies, as custodian of the
pertinent information related to their office, shall maintain and keep a record of the list of
officers and personnel with their authorized firearms certified by the head or lead of the

Page 124 of 239

Foreign Diplomatic Corps, Missions and Establlshments under international law, and
foreign military personnel in the Philippines or the duly authorized representative.
In the performance of its functlons, the Law Department of the Commission may
officially request from the concerned head or lead of the Foreign Diplomatic Corps,
I'4issions and Establishments under international law, and foreign military personnel in the
Philippines a report related to the said list.

CHAPTER VIII
CERTIFICATE OF AUTHORITY - SECURITY AGENCIES

SEC,289, Who May Bear, Carry or Transport Firearms. - Members of the

PSSPs may bear, carry or transport firearms during the election period: Provided, that
when in the possession of firearms, they are:
a. active regular employees of the PSSP receiving regular compensation for the services
rendered therein, and not a consultant, pat-time, temporary, contractual, casual or
job order personnel/ or confidential agent, whether or not receiving compensation
from the PSSP for services rendered;

b. in the actual performance of security duty at the designated and specified place, area
or station;

c in the PSSP-prescribed uniform showing cleady and legibly at all tlmes his/her name,
and displaying prominently the PSSP-issued ldentlfication card showing clearly his/her
name and position, which shall remain visible at all times;

d. in the exercise of their security functlons and duties, and duly authorized to possess
the PSSP'S firearm, which must be covered by a valid, current, and updated CFR or
PAR/ARE, as may be applicable, and other applicable and pertinent firearms licenses,
registrations, permits and documents;

e. in possession of a valid, current, and updated License to Exercise Security Profession

(LESP) accompanied by a valid, current, and updated DDO or SDDO and/or Monthly
Disposition Report (MDR), as the case may be. Applicant is required to update the
CBFSC as regards any change, modification or amendment to the DDO, SDDO, and
MDR during the validity of the issued CA-SA;

f. in possession of a firearm allowed under existing laws, rules, and regulations, as

assessed and evaluated by the PNP;

g. deployed by PSAs, PDAs, CSUs, GGUs, Private Security Canine Service Providers,
Private Security Training Institutes or Private Security Industry and Training
Organizations duly licensed, authorized, recognized and/or accredited by the PNP; and

h. bearing, carrying or transporting only one (1) firearm indicated in his/her name in the
PSSPT Application Form and list/roster of personnel, unless otherwise allowed under
existing laws, rules, and regulations.

SEC.29O, Application Form and Documentary Requirements for the

Issuance of CA-54. - Applicants for CA-SA or their duly authorized representative must
completely accomplish and submit the following requirements:
a. CBFSC Form No.2022-03;

b. CBFSC Form No. 2022A-03 indicatlng therein the:

i. full names of the security personnel with their corresponding rank or position; and
ii. firearms description and registration data, among others.

Page 125 of 239

c CBFSC Form No. 20228-03 with the colored 4" x 5" picture and description of the
authorized uniform of the PSSP;

d. Copy of the PSSP's License to Operate (LTO) valid and existing during the entire
duration of the election period;

e. Copy of the PSSP's Ceftificate of LTOPF for Juridical Entity (LTOPFJ) valid and existing
during the entire duration of the election period;

f. Copy of valid Certificates of Firearm Registration (CFRs);

g. Endorsement from the PNP SOSIA certirying that the LESPS of the security personnel
of the applicant are valid and existing during the entire duration of the election period.
In the event that there are expired LESPS, the PNP SOSIA shall submit a Ceftification
to that effect and shall also attach therein the names of the security personnel with
valid LESPs;

h. Copy of the latest Duty Detail Order (DDO);

i. In case the applicant is a juridical entity (corporation or partnership), a duly notarized

board resolution ceftifoing the authority given to the head of PSSP or authorized
representative/s to apply for an CA-SA on behalf of the PSSP.

All applications for the issuance of CA-SA must be filed in accordance with the
procedures herein set forth. Each and every page of the Application Form and its
attachments must be numbered consecutively at the bottom right side.
An administrative processing fee in the amount of Fifty Pesos (P 50.00) for each
security personnel included in the list shall be paid in accordance with the procedures
herein set forth. However, in no case shall the administratlve processing fee exceed Five
Thousand Pesos (P 5,000.00).

SEC.291, Additional Guidelines for PSSPs. -The following rules shall be

strictly observed by PSSPs which have been issued CA-SA:
i. The CA-SA shall be valid during the prescribed period strictly under the terms and
conditions specified therein, and shall automatically become ineffective upon the
expiration of any of the applicable licenses, registrations, permits, CFR, PTCFOR,
LTOPFJ, MDR, DDO, SDDO, LESP, LO, MO, PAR, ARE, and other pertinent firearms
documents.

j. For single posting, the security guard assigned is prohibited to transport his/her
firearm from his/her duty area to his/her dwelling.

k. Firearms may be stationed In armored trucks provided these are duly licensed PSSP-
issued firearms used in the regular course of business of the PSSP and included in the
application.

l. In case of new posting or termination of posting which entails the transport of firearms
to the duty area or the return of firearms to the PSSP's office, the PSSP may be
authorized to transport the firearms on a one-time, one-way basis only upon prior
application.

m. The PSSP shall update the CBFSC as regards any change, modification or amendment
to the DDO, SDDO, and MDR during the validity of the issued CA-SA.

Page 126 of 239

 CHAPTER IX
CERTIFICATE OF AUTHORITY. CASHIERS/DISBURSING OFFICERS

SEC.292, Who May Bear, Cany or Transport Firearms. - A person, who by

the nature of hls/her duty, profession, business or occupation as a cashier or disbursing
offlcer, may bear, carry or transport firearms during the election period: Provided, that
when bearing, carrying or transporting firearms, he/she must be in the actual performance
of his/her official duties involving the transport of deposits, disbursement of payrolls or
carrying of large sums of money or valuables, and in possession of the following:
a. Certificate of employment stating that he/she is currently employed under the
conditions stated in his/her application;

b, Company- or office-issued identification card showing his/her photograph,

deslgnatlon, and signature;

c Valid, updated, and current LTOPF;

d. Valid, updated, and current CFR, which firearm is allowed under existing laws, rules,
and regulations as assessed and evaluated by the PNP;

e. Valld, updated, and current PTCFOR for privately owned firearms; and

f. Other applicable and pertinent firearms licenses, registrations, permits, and

documents.

In no instance shall the cashier or disbursing officer bear, carry or transport more than
one (1) small arms limited to handgun, which must either be a revolver or a pistol.

SEC. 293, Application Form and Documentary RequiremenB for the

fssuance of CA-CDO. - Applicants for CA-CDO or their duly authorized representative
must completely accomplish and submit the following requirements:

a. CBFSC Form No. 2022-04 signed by the applicant cashier or disbursing officer,
indicating therein, among others, his/her full name and the offlce where he/she is
employed or connected, and his/her 2" x 2" photograph;

b. Certification of the employer under oath that the appllcant is an employee of the
company and designated as cashier or disbursing officer, or that the nature of his/her
official duties involve the transport of deposits, disbursement of payrolls or carrying of
large sums of money or valuables;

c. Ceftified true copy of the applicant's latest ITR;

d. Certified true copy of the company's or employer's latest ITR;

e. Description of and proof that the nature of his/her official duties, profession, business
or occupation requires him/her to carry large sums of money or valuables;

f. Company- or office-issued identification card showing his/her photograph,

designation, and signature; and

g. CBFSC Form No. 2022A-04 with the firearms description and registration data,
including applicantt LTOPF and/or CFR with PTCFOR for privately owned firearms.

All applications for the issuance of CA-CDO must be filed in accordance with the
procedures herein set forth.

An administrative processing fee in the amount of Five Hundred Pesos (P 500.00) shall be
paid in accordance with the procedures herein set forth.

Page L27 of 239

 CHAPTER X
CERTIFICATE OF AUTHORITY HIGH-RISK IN DIVIDUALS

SEC.294, Who May Bear, Cany or Transport Firearms. - The following are
considered HRIS, and thus may bear, carry or transport firearms during the election
period:

a. Qualified official of the Government of the Republic of the Philippines:

The Chairpersons and Commissioners of the Civil Service Commission and

Commission on Audit;

ii. The Chairperson and Commissioners of the Commission on Human Righb;

iii. The Commissioner and Deputy Commissioners of the Bureau of Immigration;

iv. The Solicitor General;

v. The Chief Public Attorney; and

vi. The Provincial, City, and Municipal Treasurers.

In no instance shall the abovementioned government officials bear, carry or transport

more than two (2) firearms.

b. Other qualified individuals, who: (1) by the nature of their official duties, profession,
business or occupation, or (2) are under the Witness Protection, Security and Benefit
Program of the DOJ or similar official program of the Government of the Republic of
the Philippines, and deemed by the Commission, CBFSC, PNP Chief or AFP Chief of
Staff as HRIs. Former public officials are included in this category.

The other qualified individuals or former public officials must be in possession of the
following when bearing, carrying or transpoting firearms:

i. Threat assessment issued and certified by the PNP Directorate for Intelligence for
the national level or the Regional Director of the PNP Police Regional Office for the
local level;
ii. Endorsement and/or certification by the PNP Chief stating that the applicant is
considered as a HRI;

iii. Valid, updated, and current LTOPF;

iii. Valid, updated, and current CFR, which firearm is allowed under existing laws,
rules, and regulations as assessed and evaluated by the PNP;
iv. Valid, updated, and current PTCFOR for privately owned firearms; and
v. Other applicable and pertinent firearms licenses, registrations, permits, and
documents.

In no instance shall the individuals under this HRI category bear, carry or transport
more than one (1) small arms limited to a handgun, which must either be a revolver
or a pistol.

I'age 128 of 239

 SEC. 295, Application Form and Documentary Requirements for the
fssuance of CA-HR| under Section 294 (a),- Applicants for CA-HRI or their duly
authorized representative must completely accomplish and submit the following
requirements:

a. For the public officials mentioned in Section 294 (a) hereof:

CBFSC Form No. 2022-05PO indicating therein, among others, his/her full
name, position, and office and home address, email address, and off;cial
telephone/mobile phone numbers;

ii. One (1) piece 2" x2" photograph of the applicant to be attached to the
Application Form;

b. For appointive offtcials:

i. certified true copy of the certificate of appointment;

ii. CBFSC Form No. 2022A-05PO with the firearms description and
registration data, including PAR/ARE with LO/MO for government-
issued firearms, and/or CFR with PTCFOR for privately owned firearms;
and
iii. Copies of other applicable registrations, licenses, and permits.

SEC.296, Application Form and Documentary RequiremenE for the

fssuance of CA-HRI under Section 294 (b).- Applicants for CA-HRI or thelr duly
authorized representative must completely accomplish and submit the following
requirements:

a. CBFSC Form No. 2022-05OQI signed by the applicant, indicating therein, among
others, his/her full name and office where he/she is employed with one (1) piece 2" x
2" photograph of the applicant;

b. Description of and proof that the nature of the applicanfs official duties, profession,
business or occupation puts him/her at high risk;

c. Company or office issued identification card showing his/her photograph, designation,

and signature, if any;

d. CBFSC Form No. 2022A-05OQI with the firearms description and registration data,
including the applicant's LTOPF, LCR with LO/MO for government-issued firearms
and/or CFR with PTCFOR for privately owned firearms;

e. Threat assessment issued and certified by the PNP Directorate for Intelligence for the
national level or the Regional Director of the PNP Police Regional Office for the local
level; and

f. Endorsement and/or certification by the PNP Chief stating that the applicant is
considered as HRI.

For former public officials, only those documents mentioned in (a), (d), (e), and (f)
shall be required.

All applications for the issuance of CA-HRI must be filed in accordance with the
procedures herein set forth.

An administrative processing fee in the amount of Five Hundred Pesos (P 500.00) shall
be paid in accordance with the procedures herein set forth.

Page 129 of 239

 CHAPTER XI
CERTIFICATE OF AUTHORIW - SECURIW DETAITS

SEC. 297. Revoation of Authority Granting Suurity Personnel, All -

existing authority granting security personnel or bodyguards not covered by a CA-SD duly
issued in connection with the May 9, 2022 NLE are hereby automatically revoked at the
start of the election period.

SEC. 298. Who May Employ, Avail or Engage the Seruices of Security
Personnel or Bodyguards. - When circumstances warrant, including but not limited to
threats to their life and security, the following persons may also be issued CA-SD and
allowed to employ, avail or engage the services of not more than two (2) security details
from the PNP, AFP, other law enforcement agencies, or from PSSPs:

a. Incumbent public officials, whether elected or appointed; and

b. Private individuals.

In such a case, they shall comply with the requirements enumerated in Section
300 of this Article for applications for CA-SD.

SEC,299, Augmentation of Security Personnel or Bodyguards. -When the

circumstances warrant, the public officials or persons mentioned in the immediately
preceding section, may apply with the CBFSC for a CA for two (2) additional security
personnel or bodyguards, or such additional number of security personnel or bodyguards
as the CBFSC may deem appropriate under the circumstances. In such a case, they shall
also comply with the requirements enumerated in Section 302 of these guidelines for
applications for CA-SD with respect to the additional security personnel or bodyguard.

SEC. 3O0. Application Form and Documentary Requirements for the

fssuance of CA-52, - Applicants for CA-SD or their duly authorized representative must
completely accomplish and submit the following requirements:

a CBFSC Form No. 2022-06 signed by the applicant, indicating therein, among others,
his/her full name, posltion in the government, if a public official, and address;

b. One (1) piece 2" x 2" photograph of the applicant to be attached to the Application
Form;

c. Threat assessment or such other document supporting the existence of threat, if any;

d. Valid and existing Letter Order or Mission Order of the proposed security detail duly
signed and issued by the authorized signatory/representative of the LEA or PSSP;

e. Either CBFSC Form No. 2022A-06SP as certified by the PSSP intending to provide the
security personnel, and indicating thereln the:

i. name and contact number of the PSSP to whlch the proposed private security
personnel is affiliated;
ii. names of at most two (2) proposed qualified private security personnel with their
corresponding rank or position, LESP, and DDO/SDDO, as may be appropriate;
iii. description of the firearms and firearms registration data; and
iv. copy of the CA-SA of the PSSP where the proposed private security personnel
is/are affiliated, and the name/s of the security personnel included in its submitted
list/roster of personnel.

Page 130 of 239

 Or CBFSC Form No. 2022A-06DA as certified by the PNP PSPG or concerned
government agency intending to provide the security detail/s, and indicating therein
the:

i. name and contact number of the concerned government agency where the
proposed protective security personnel is/are assigned;
ii. name/s of the proposed protective security personnel with corresponding rank, if
known to the applicanu
iii. description of the firearms and firearms registration data of the proposed
protective security personnel; and
iv. copy of the CA-LEA of the concerned government agency where the proposed
protective security personnel is/are assigned.

f. CBFSC Form No. 20228-06 with the colored 4" x 5" picture and description of the
authorized uniform of the protective security personnel.

All applications for the issuance of CA-SD must be filed in accordance with the
procedures herein set forth. Each and every page of the Application Form and its
attachments must be numbered consecutively at the bottom right side.
An administrative processing fee in the amount of Five Hundred Pesos (P 500.00) shall
be paid in accordance with the procedures herein set forth. Every application for additional
security personnel shall be assessed an additional administrative processing fee of Five
Hundred Pesos (P 500.00).

SEC. 30f , Temporary Authoity to Emploh Avail or Engage the Seruices

of Security Details, Pe6onnel or Bodyguards. - Applicants for CA-SD may at the
same time request for the issuance of a TA-SD.

SEC.3O2. Guidelines and Procedures for the Processing of Applications

for the fssuance ofTA-SD. - The following guidelines and procedures shall be observed
in the processing of applications for the issuance of CA-SD with request for TA-SD:

a. Immediately upon receipt of the application for CA-SD with request for the issuance
of a TA-SD, the USCC shall act on the request taking into consideration the documents
submitted. Finding it meritorlous, the USCC may issue a thirty (30)-day TA-SD for
one time only.

b. In issuing a TA-SD, the USCC shall, as far as practicable, ensure that the security
personnel assigned to the applicant is/are from a unit agenry, company or office
based in the municipality, city, province or district where the applicant resides or works
as indicated in the application.

c The securiry personnel or bodyguard assigned to the applicant under a TA-SD shall be
subject to the same requirements and conditions with respect to the wearing of
uniforms and carrying of firearms or deadly weapons imposed in these guidelines.

d. The processing ofthe request for a TA-SD shall not toll the processing and evaluation
of the main application for CA-SD.

e. In case no CA-SD is issued after the expiration of the TA-SD or if the application for
CA-SD is denied within the period of validity of the TA-SD, all security personnel
temporarily detailed to the applicant shall be deemed recalled.

f. If at any time, the ground/s for which the TA-SD was issued cease/s to exist or for
other just causes, the TA-SD may be revoked.

Page 131 of 239

g. No request for extension of validity of a TA-SD shall be entertained. The RJSCC has
no authority to extend the validity of a TA-SD or grant another TA-SD for the same
applicant. Administrative charges shall be filed against those found violating this
provision.

303, Terms and Conditions Relating to the Employment, Availment

SEC.
or Engagement of Seruices of Security Perconnel or Bodyguards. - When in the
possession of firearms, the security personnel or bodyguard must be:

a. an active regular employee of the PSSP or concerned government agency, and is

receiving regular compensation for the services rendered therein.

b. not a consultant, part-time, temporary, contractual, casual or job order personnel or

confidential agent, whether or not receiving compensation from the PSSP or concerned
government agency for services rendered.

c. if applicable, in the prescribed uniform of the PSSP or concerned government agency

showing clearly and legibly at all times his/her name, and displaying prominently the
office-issued identification card showing clearly the name and position, which shall
remain visible at all times.

d. in possession of a valid, updated, and current LESP accompanied by a valid, updated,

and current DDO/SDDO or LTOPF, as the case may be.

e. duly authorized to possess the PSSP's or concerned government agencyt firearm

covered by a valid, updated, and current CFR or PAR/ARE, and to carry the same
outside of residence by virtue of a valid, updated, and current PTCFOR, LO, MO, and
other applicable and petinent firearms licenses, registrations, permits and documents.

f. in the possession of one (1) small firearm as indicated in his/her name in the
Application Form and list/roster of personnel, which is allowed under existing laws,
rules, and regulations as assessed and evaluated by the PNP.

g. deployed by PSAs, PDAS, CSUs, GGUs, Private Security Canine Service Providers,
Private Security Training Institutes or Private Security Industry and Training
Organizations, which must be duly licensed, authorized, recognized and/or accredited
by the PNP, and must have first secured its own CA-SA prior to deployment of security
personnel.

h. in the actual peformance of law enforcement or security duties.

i. employed by a duly licensed PSSP, qualified to perform or provide personal security

protection to private persons entitled thereto, and in possession of appropriate
Iicenses, certifications, and authorizations.

When the security personnel is/are provided by the PNP, AFP, NBI or other LEAs, the
application must be endorsed by the PSPG or the PNP Regional Director for the PNP; and
the authorized representatives for the AFP, NBI and other LEAS, as the case may be. When
applicable, the retained security personnel or bodyguards must have been detailed to the
applicant one (1) year before the elections.

The CA-SD automatically becomes ineffective upon the expiration of any of the
applicable licenses, registrations, permits, CFR, PTCFOR, LTOPF, MDR, LO, MO, PAR, ARE,
and other firearms documents.
The CA-SD shall be valid only during the prescribed period and strictly under the
foregoing terms and conditions. The CA-SD shall be automatically revoked when the
ground for which said CA-SD was issued ceases to exist or for any laMul and valid cause,
as may be determined by the CBFSC.

Page 132 of 239

 CHAPTER XIT
CERTIFICATE OF AUTHORIW -TRANSPORT

SEC. 3O4, Who May be Allowed to Transport or Deliver Firearm and,/or

ib Partsl Ammunition and/or its Components, or Explosive and/or iE
ComponenB, - Entities engaged in, and duly licensed by the appropriate government
agency to, transport, manufacture, import, export, purchase, deal in or sell firearms,
ammunitions, explosives and/or their respective pafts or components, and other qualified
individuals may be issued an RA-TT and allowed to transport or deliver firearms and/or
their parts, ammunitions and/or their components or explosives and/or their components
during the election period.

As regards firearms, only their major parts as defined hereunder shall be covered
under this Rule.

SEC.3OS, Application Form and Documentary Requiremenb for the

fssuance of CA- 7Z - Applicants for CA-TT or their duly authorized representative must
completely accomplish and submit the following requirements:

a CBFSC Form No. 2022-07 indicating therein, among others, the full name of the
applicant, principal office address, and name/s of the duly authorized representative/s;

b. CBFSC Form No.2022A-07;

c In case the applicant is a juridical entity (corporation or patnership), a duly notarized

board resolution certifuing the authority given to the head of the juridical entity or
authorized representative/s to apply for an CA-TT on its behalf.

For sole proprietorship, copy of the cedification from the Department of Trade and
Industry or Mayor's Permit;

d. Original Copy of the Permit to Transport issued by the PNP FEO, with endorsement by
the concerned officer of the PNP FEO;

e. Copy of the radio message, if applicable; and

f. Copy ofthe Special Bank Receipt from the PNP.

All applications for the issuance of CA-TT must be filed in accordance with the
procedures herein set forth. Each and every page of the Application Form and its
attachments must be numbered consecutively at the bottom right side.

SEC. 306, Administrative Prccessing Fees Relative to the Application for

the fssuance of a CA-TT. - The administrative processing fees shall be, as follows:

a For an application involving the PNP'S Permit to Export - No administrative processing

fee;

b. For an application involving the PNP's Permit to Purchase and Move Explosives,
Explosive Ingredients, Controlled Chemicals - One Thousand Five Hundred Pesos (P
1,500.00);

c. For an application involving the PNPt Special Permit to Purchase and Move Explosives,
Explosive Ingredients, Controlled Chemicals - One Thousand Five Hundred Pesos (P
1,500.00);

Page 133 of 239

d. For an application involving the PNPt Permit to Unload Explosives/Explosive
Ingredients, Controlled Chemicals - One Thousand Five Hundred Pesos (P 1,500.00);

e. For an application involving the PNP'S Permit to Transport Firearms and Ammunition
- Two Hundred Pesos (P 200.00); and

f. For an application involving the PNPt other permits for the movement of firearms
and/or their parts, ammunitions and/or their components, explosives and/or their
ingredients, and controlled chemicals - Same amount of fee imposed by the PNP but
not to exceed One Thousand Five Hundred Pesos (P 1,500.00).

SEC. 307. Conditions for the Issuance of a CA-TT. - The following are the
conditions for the issuance of an CA-TT during the election period:

a. The CA-TT shall be valid during the prescribed period, and shall provide the terms and
conditions of its grant strictly on a one-way basis.

b. The validity of the CA-TT may be extended for a period equal to the period reflected
in the new permit issued by the PNP on the conditions that:

l. a letter-request stating the reasons therefor is submitted via email. It shall be

accompanied with a copy of the new permit issued by the PNP, and copy of the
official receipt to prove payment of corresponding administrative processing fee,
as specified in the immediately preceding section;
ii. the original hard copy or certified true copy of the subject CA-TT is presented and
submitted so that the CBFSC may stamp the appropriate and distinct mark thereon
stating its extended validlty period. Likewise, the hard copies of the documents
sent via email must be submitted to the CBFSC; and
iii. a self-addressed prepaid return (small brown or A4-sized) envelope of applicant's
choice is submitted (with the original hard copy or certified true copy ofthe subject
CA-TT, and hard copies of the documents sent via email) to the CBFSC through its
Secretariat with office address at 8th Floor Law Department Palacio del
Gobernador. General Luna Street. Intramuros. Manila.

The hard copy of the CA-TT appropriately stamped with indication of extended
validity period shall be sent and dellvered to the applicant via his/her provided self-
addressed prepaid return (small brown or A4-sized) envelope, or may be physically
obtained, if possible, by the applicant or his/her authorized representative after
submission of valid proof of identification (preferably government-lssued) and/or
authorization. Its digital or scanned copy shall be sent through the applicant's
email address.

c In the case of explosives and/or their components, the same shall be immediately
transported with a police escort by the applicant grantee or any authorized
representative directly to the explosives magazine or storage facility of the licensed
requesting party.

d. In the case of firearms and/or their parts, and ammunitions and/or their components,
the same shall be immediately transported by the applicant, grantee or any authorized
representative directly to the address of the buyer or requesting party.

e. Firearms and/or their parts, ammunitions and/or their components, and explosives
and/or their components meant for exportation to other countries or foreign
jurisdictions shall be transported or delivered directly to airports or seaports.

f. Firearms and/or their parts, and ammunitlons and/or their components imported from
other countries or foreign jurlsdictions shall be delivered directly to the PNP FEO
Storage. Explosives and/or their components shall be delivered directly to the
manufacturing facility or magazine of the licensed manufacturer with CA-TT.

Page 734 of 239

g. In no case shallthe firearms and/or their parts, ammunitions and/or thelr components,
and explosives and/or their components be transported or delivered by any person
other than the authorized manufacturer, importer, exporter, purchaser, dealer, and
seller or their duly authorized representative/s with CA-TT,

Any violation of the foregoing conditions, as well as any other condition for the
issuance of the CA-TT, shall immediately invalidate the CA-TT.

CHAPTER XIII
CERTIFICATE OF AUTHORIW - SPORTS SHOOTERS

SEC. 3O8. Who May Bear, Carry or Transport Firearms, - Competitive sports
shooters excluding aliens or forelgners, who will be pafticipating in international classifier
and qualifier matches scheduled prior to the election period in representation oftheir duly
registered organizations and/or the Philippines, may bear, carry or transport firearms
during the election period after having proven to the CBFSC their track record and history
of participation in locally and internationally sanctioned and recognized shooting
competitions in representation of their duly registered organizations and/or the
Philippines.

SEC. 3O9, Conditions for the Issuance ofan CA-SS. -When in the possession
of firearms, the sports shooters must be:
a. going in the firing/shooting range or competition/match venue and/or returning to
his/her dwelling after the training, competition or match without deviation of route
whatsoever.

b. in possession of a valid LTOPF where his/her qualification as a sports shooter is

Indicated.

c. in possession of a validPTCFOR or Permit to Transport Firearm issued by the PNP

FEO, which both bear his/her qualification as a sports shooter.

d. in possession of valid, updated, and current firearm/s registration/s.

e. bearing, carrying or transporting a maximum of two (2) firearms.

For purposes of this Rule, the Philippine Practical Shooting Association (PPSA),
Philippine Shooters and Match Officers Confederation (PSMOC), Philippine National
Shooting fusociation (PNSA), and other organizations duly recognized and accredited by
the Philippine Sports Commission (PSC) and/or Philippine Olympic Committee (POC) shall
submit to the CBFSC the official list of its members, registered participants, and schedule
and dates of its sanctioned International qualifier and classlfier matches and competitlons.
Failure to comply with this requirement shall be deemed as an unconditional waiver for
such matches and competitions to be considered by the CBFSC.

The terms and conditions imposed by the PNP for the grant of the PTCFOR or Permit
to Transport Firearm for the transport of competition firearm/s and ammunitions by sports
shooters, which are not inconsistent herewith shall remain and subsist.

SEC. 31O, Appliation Form and Documentary Requiremenb for the

Issuance of CA-SS - Applicants for CA-SS or their duly authorized representative must
completely accomplish and submit the following requirements:

a. CBFSC Form No. 2022-08 signed by the applicant sports shooter with one (1) piece 2"
x 2" photograph of the applican!

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b. Certification of bona fde membership and inclusion in the official list of active
members of the PPSA, PSMOC, PNSA, and other organizations duly recognized and
accredited by the PSC and/or POC;

c Proof of participation in previous national and international classifier and qualifier

matches;

d. Certified true copy of registration as a competitor in international classifier and qualifier

matches to be held during the election period but scheduled prior thereto;

e. Proof of recognition or designation as a sports shooter representing the sanctioning

organization or country;

f. CBFSC Form No. 2022A-08 with the firearms description and registration data,
including the LCR with LO/MO for government-issued flrearms and/or CFR with
PTCFOR for privately owned firearms;

g. Copies of the abovementioned licenses and certificates;

h. In case of transport of firearms to the venue or country of training or competition,

original copies of PNP permits and licenses for the purpose; and

i. Other competent and relevant documents.

All applications for the issuance of CA-SS must be filed in accordance with the
procedures herein set forth. Each and every page of the Application Form and its
attachments must be numbered consecutively at the bottom right side.
An administrative processing fee in the amount of One Thousand Pesos (P 1,000.00)
shall be paid in accordance with the procedures herein set forth.

CHAPTER XIV
ELECTRONIC FILING OF APPLICATIONS FOR THE
ISSUANCE OF CERTIFICATES OF AUTHORITY

SEC. 311. Electtonic Filing of Applications for the fssuance of CA. - fhe
electronic filing of applications for the lssuance of CA shall start within date as mav be
fixed bv the Commission 6n Banc. Filing of applications shall be made through electronlc
means taking advantage of the current information technology advancements, adopting
the principle of efficient government service delivery, addressing the geo-logistical
challenges in some regions, and for mutual safety under the new normal, as follows:

STEP 1, Applicant must visit and access the official website of the Commission at
www.comelec.qov.ph.

STEP 2. At the home page, applicant must click the Gun Ban Exemption
Application link to proceed to the appropriate page.
STEP 3. At the appropriate page, a contents list containing the links for the
different categories of CA may be found. Applicant must click the category of the
CA being applied for. By clicking such, applicant may find the Application Forms
link containing downloadable forms in PDF format, and Microsoft Forms link
through which the application may be sent.

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STEP 4, Applicant must download, print, completely accomplish, and sign the
required forms in the original. Thereafter, applicant must cause the proper
notarization of the same.
STEP 5. Applicant must prepare the corresponding original or certified true copies
of the documentary requirements. For this purpose, the applicant or the duly
authorized officer-custodian of the applicant's original document/s may accomplish
the certification.
STEP 6. Appllcant must digitally scan and/or convert into PDF format in a
continuous manner the prepared forms and documentary requirements. Using an
online media storage application, applicant must upload all the scanned forms and
documentary requirements thereto, and generate an online link therefor. For ease
of use, lt is recommended that Google Drive be utilized for this purpose.
STEP 7, Applicant must repeat Steps 1 to 3. Thereafter, applicant must click the
Microsoft Forms link where the applicant's express consent to the collection and
processing of the required personal data will be needed. Ick the appropriate box
in order to proceed to the next steps.

STEP 8. Applicant must accomplish the required fields of the Microsoft Forms by
providing the needed personal data, ticking the appropriate boxes, clicking the
correct options in the pull-down menus, and ensuring to have provided the
followlng:
a. Correct link to the online media storage application where the scanned forms
and documentary requirements are uploaded, and made accessible to the
CBFSC, AFP, and PNP through their given email address.

Applicant must ensure that the online media storage application is properly set
and adjusted to give access to such email addresses. Once the applicant
received the appropriate CA, he/she must immediately disable such access.

b. Valid and active email address where all correspondences and notices from the
CBFSC shall be sent.

Any error or fault in the processes, notifications, certificates, correspondences, and

communications attributable to incomplete, incorrect, misspelled data or
information, including inaccessible and corrupted file or non-working links provided
and supplied shall be on applicant's account, and constitutes a waiver of
responsibility and liability on the part of the Commission, CBFSC, AFP EU and PNP
EU.

STEP 9. After reviewing that all the data and information entered and supplied
are true and correct, applicant must click the Submit bufton.

STEP 10. After pre-evaluation by the CBFSC Secretariat, applicant will receive an
email informing him/her:
a. if the submission is complete, of the corresponding application number, and
order of payment, which must be printed and presented during payment.
Payment must be made within three (3) working days from the date of the
email through the following:

i. Cash Division of the Commission at its Main Office in Intramuros, Manila;

or
ii. Any Office of the Election Officer; or
iii. Any branch of the Land Eank of the Philippines.

After payment, applicant must send via email-reply a digital picture or scanned
copy of the duly issued official receipt or deposit/payment slip.

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 Likewise, within three (3) working days from the date of the email, applicant
is required to send:

i. the original hard copies of the same forms and documentary requirements
which were previously scanned and uploaded to the applicant's preferred
online media storage application, the link to which was entered to the
corresponding field of the Microsoft Formt and
ii. a self-addressed prepaid return (small brown or A4-sized) envelope of
applicantb choice to the CBFSC through its Secretariat at the following
address: nth Flnnr I aw Dtrnartmcnt Palar-in del Gohcrnadnr Gtrn I r rna qf
Intramuros, Manila 1002.

b. if the submission is incomplete, of the lacking data, information or document/s,

or the need to give access to the online media storage application used, or the
need to digitally scan and/or convert into PDF format in a continuous manner
all forms and documentary requirements. Applicant must submit all the needed
forms and documentary requirements, and such submission will be treated as
a new application.

CHAPTER XV
PRE-EVALUATION, EVALUATION, RESOLUTION OF THE
APPLICATION, AND REQUEST FOR RECONSIDERATION

312, Pre-Evaluation, Evaluation, and Resolution of Applications for

SEC.
the fssuance of CA.- The following procedures shall be observed in the processing of
applications for the issuance of CA:

a. Upon receipt in its official email address of a notification that an application has been
filed, the CBFSC Secretariat shall immediately retrieve the data and information
entered via Microsoft Forms, and access the digital or scanned copies of the application
forms and documentary requirements uploaded to the online media storage
application, the link to which was supplied by the applicant to the corresponding field
of the Microsoft Forms.

b. Once all the application forms and documentary requirements have been downloaded,
the CBFSC Secretariat shall conduct a pre-evaluation to verifo whether the submission
is complete or incomplete.

c. If the submission is incomplete, the application shall not be assigned an application

number. Through email, the CBFSC Secretariat shall inform the applicant ofthe lacking
data, information or document/s, or the need to give access to the online media
storage application used, or the need to dlgitally scan and/or convert into PDF format
in a contlnuous manner all forms and documentary requlrements.

The applicant shall be advised to submit all the needed forms and documentary
requirements. Such submission will be treated as a new application.

d. If the submission is complete, the CBFSC Secretariat shall:

i. assigns the corresponding application number;

ii. compute the required administrative processing fee;
iii. issue an order of payment; and
iv. notify the applicant through email of the above information; the need to pay the
required administrative processing fee within three (3) working days from the date
of the email; the requirement to send within three (3) working days from the date
of the email the original hard copies of the application forms and documentary
requirements, together with a self-addressed prepaid return (small brown or A4-

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 sized) envelope of applicanfs choice to the CBFSC through its office address (8s
Floor Law Department Pa lacio del Gobernador, Gen Luna St., Intramuros, Manila
1002); and the transmittal of the application to the EUs for evaluation.

e. The CBFSC Secretariat shall transmit to the AFP EU and PNP EU via email the Microsofr
Forms Evaluation Sheef with the details oF the application and the link to the online
media storage application, where the application forms and documentary
requirements may be accessed for evaluation.

f. All the EUs shall simultaneously conduct the evaluation within a period of three (3)
working days from receipt thereof.

g. Once the respective Microsoft Forms Evaluation Sheets of the EUs have been
submitted, the CBFSC Secretariat shall collate the results thereof, and thereafter
forward the same to the CBFSC Overall Supervising Evaluator for final evaluation and
preparation of recommendation to the CBFSC.

h. The CBFSC shall deliberate on and resolve the application. If the application is
approved or granted, the CBFSC shall order the CBFSC Secretariat to prepare the
corresponding CA to be signed by the CBFSC Head and Members.

if the application is disapproved or denied, the CBFSC shall order the CBFSC
Secretariat to prepare a notice of denial indicating therein the ground/s therefor. The
notice shall be signed by the CBFSC Head and Members.

j. If the disapproval or denial is due to insufficiency of the documents submitted (such

as when there are expired licenses or permits, lacking document/s, or missing
information in the document/s), the applicant may refile all the needed application
forms and documentary requirements after he/she has cured the ground/s which
caused the disapproval or denial of the application. For this purpose, the applicant
shall select and click the Refile option in the Microsofr Forms.

k. If the application is refiled, the CBFSC Secretariat shall not assign it a new application
number. Instead, "A" shall be appended to the original application number.

l. The hard copy of the CA or notice of denial shall be sent and delivered to the applicant
via his/her provided self-addressed prepaid return (small brown or A4-sized) envelope,
or may be physically obtained, if possible, by the applicant or his/her authorized
representative after submission of valid proof of identification (preferably government-
issued) and/or authorization. Its digital or scanned copy shall be sent through the
applicant's email address.

SEC. 313, Request for Reconsideration,- If the application is denied on the

ground other than insufficiency of the documents submitted, the applicant may file a
request for reconsideration with the CBFSC through the CBFSC Secretariat. The request
for reconsideration must be filed via email within three (3) working days from the date of
the email of the notice of denial.
If the CBFSC sustains its findings, the CBFSC Secretariat shall be directed to
prepare a notice oFfinal denial informing the applicant that the request for reconsideration
has been denied. The notice of final denial shall be signed by the CBFSC Head and
Members, and shall be without prejudice to the timely filing of an appeal.
On the other hand, if the CBFSC reconsiders its earlier findings and decision, the
appropriate CA shall be issued in accordance with the procedures herein set forth.
The decision of the CBFSC shall be final and immediately executory.

Page 139 of 239

 CHAPTER XVI
BI.ADED INSTRUMENTS AS SOUVENIR ITEMS

SEC. 314. Souvenir ftems Not Deadly Weapon, - Souvenir bladed

instruments, which are considered as ornamental display items, are not covered by the
prohibition on the bearing, carrying, and transporting of deadly weapons.

SEC, 315. Guidelines. - For the preceding section to apply, the following
guidelines must be strictly observed:

a. Individuals must purchase any bladed souvenir item only from shops/stores
accredited by the Depaftment of Tourism (DOT).

b. For every purchase, the said accredited shops/stores must issue the
corresponding Authenticated Sales Certificate which contains the following
information:

i. control number;
ii. name and active contact number/s of the accredited shops/stores;
iii. date and time of purchase;
iv. complete name of the purchasing individual;
nationality of the purchasing individual;
vi. number of days needed by the purchasing individual to bear, carry, and
transport the bladed souvenir item/s from the accredited shop/store to
his/her temporary stopping place/s or destination, which must not go
beyond the election period, and the number oF days allowed to stay in the
Philippines, if applicable. The term "temporary stopping place" refers to
the area or location where the purchasing individual needs to stay for a
period of twenty-four (24) hours or more before reaching the ultimate
destination;
vI. exact temporary stopping place/s and/or ultimate destination; and
viii. complete name and signature of the sales clerk.

c. The Authenticated Sales Certificate, which is valid only for a limited period,
serves as proof that the bladed instrumenvs in the possession of an individual
is/are indeed souvenir item/s. The official receipt duly issued therefor must be
attached to the Authenticated Sales Ceftificate.

d. All accredited shops/stores must submit weekly to the DOT a list containing the
information mentioned in the preceding section, and the complete name of the
sales clerk.

e. For purposes of monitoring, the DOT is required to submit to the CBFSC a:

i. list of accredited shops/stores per location; and

ii. weekly report of the names of individuals who were issued Authenticated
Sales Certificates.

CHAPTER XVII
REPORTORIAL REQUIREMENTS

SEC. 316. Reports of the AFP and PlyP.- The AFP and PNP are required to
submit to the CBFSC weekly reports relative to their implementation of these guidelines
and other matters including, but not limited to, security preparations, and peace and order
situation updates.
sEc. 317. ReporB of the RJSCC, P1SCC and C/MJSCC. - The USCC, PJSCC
and C/MJSCC shall submit to the CBFSC a report on its activities in connection with all

Page 1.40 of 239

matters relating to the discharge of its duties and functions under these guidelines and
any other directive of the CBSFC.

Based on reports submitted by the PJSCC and C/MJSCC, the USCC shall submit the
following reports:

a Consolidated report on checkpoints conducted;

b Reports forwarded by AFP and PNP partners on the following :

i.Current status of the enforcement (i.e. number of arrests, names of persons

involved, number of confiscated firearms, categorized into licensed or unlicensed)
of the ban on firearms or other deadly weapons and security personnel;

ii.The peace and order situation in various parts of the country, including insurgency,
the existence and size of private armies, the intensity of political rivalries, and other
circumstances that may affect the conduct of the elections;

C Other information or report as may be required by the CBFSC.

The RJSCC report shall be submitted every Friday from start of CBFSC operations
until the end of the election period.

CHAPTER XVIII
MISCELTANEOUS PROVISIONS

SEC. 318. Signatories in the CA and Other Documents. - In the absence of

one or both of the AFP and PNP Representatives to the CBFSC and CBFSC Members, the
Representative of the Commission to the CBFSC and CBFSC Chairperson shall be
authorized to solely sign the CA, memorandum, certificate or decision issued under this
article for and in behalf of the CBFSC.
Notwithstanding the affixing of the signatures of one or both the AFP and PNP
Representatives to the CBFSC and CBFSC Members in the CA, memorandum, certiflcate
or decision issued under these guldelines, the same shall not be valid and shall be without
force and effect, unless signed by the Representative of the Commission to the CBFSC
and CBFSC Chairperson.

On the other hand, the CA and notice of denial shall only be valid if completely
signed by the Representative of the Commission to the CBFSC and CBFSC Head, and AFP
and PNP Representatives to the CBFSC and CBFSC Members.
SEC. 319, Composition of the CBFSC Secretariat, RISCC, and RJSCC
Secretariat - In the exigency of service, the Representative of the Commission to the
CBFSC and CBFSC Chairperson may change the composition of the CBFSC Operations and
Secretariat Divisions, USCC, and USCC Secretariat.

SEC. 32O. Meetings.- fhe CBFSC shall conduct its regular meeting on a day to
be immediately determined by it after its constitution and commencement of operations.
A special meeting may be conducted as may be called upon by, under the authority of, or
for the CBFSC Chairperson.
On the other hand, the USCC shall conduct its regular meeting on any day to be
immediately determined by it following its constitution and commencement of operations.
A special meeting may be conducted as may be called upon by, under the authority of or
for the USCC, or as may be directed by the CBFSC Chairperson.
SEC. 321. Payment of Administrative Processing Fees. - Administrative
processing fees paid pursuant to these guidelines are strictly non-refundable. Payments

Page 141 of 239

shall be made to the Cash Division of the Commission at its Main Office in Intramuros.
Manila, or with any Office of the Election Officer.

No administrative processing fee shall be assessed for refiled applications.

SEC. 322. Certified True Copy of CAs and Related Documenb. - Certified
true copies of CAs and related documents, as stamped wlth the dry seal of the Commission
and/or affixed with security sticker, may be requested with the CBFSC Secretariat upon
payment of fee of One Hundred Pesos (P 100.00) for the first page and Two Pesos (P
2.00) for every succeeding page.

-
SEC. 323. Gun Ban Certification, Upon written request or order, the CBFSC
may issue appropriate certification attesting that a particular person or entity has or has
not applied for and has or has not been granted authority to bear, carry or transport
firearms or other deadly weapons; employ, avail or engage the services of security
personnel or bodyguards; and transport or deliver firearms and/or their parts,
ammunitions and/or their components, and explosives and/or their components.

-
SEC. 324. Records Keeping, Physical and electronic records of applications
received, processed, evaluated, and acted upon shall be kept at the office of the CBFSC,
and shall be under the custody of the Secretariat. The AFP EU or REU and PNP EU or REU
shall be deemed to be in the custody of the physical and electronic records of the
applications upon endorsement of the same to the said EUs or REUS, and while the same
records are in their possession.

Retention of records shall be subject to the laws, rules, and regulations on

government record disposition.

CHAPTER XIX
PROHIBITIONS AND PENALTIES

SEC. 325. Election Offense Liability. - Any person who commits the following
acts during the election period without a valld and subsisting CA shall be guilty of an
election offense:

a. Bear, carry or transport firearms or other deadly weapons; or

b. Employ, avail or engage the services of security personnel or bodyguards; or

c, Transport or deliver firearms and/or their parts, ammunitions and/or their

components, and explosives and/or their components.

SEC. 326. Penalty for Election O{fenses.- Any person found guilty of any
election offense described in these guidelines shall be punished with imprisonment of not
less than one (1) year but not more than six (6) years, and shall not be subject to
probation. In addition, the guilty party shall be sentenced to suffer disqualification to hold
public office and deprivation of the right of suffrage. If he/she is a foreigner, he shall be
sentenced to deportation which shall be enforced after the prison term has been served.

SEC, 327, Rev&ation, Cancellation or Suspension of Firearms Licenses,

PermiB, and Registration. - The PNP Chief or any authorized representative may
revoke, cancel or suspend the LTOPF, CFR and/or PTCFOR, if any, of any person found to
be in violation of the prohibitions mentioned herein.

SEC. 328, LiabiliU of .luridial PeBon. - The owner, president, manager,

director or other responsible officer/s of any public or private firm, company, corporation
or entity who shall willfully or knowingly allow any person to bear, carry or transport any
of the firearms owned by such firm, company, corporation or entity during the course of
his/her employment without a valid and subsisting CA, shall be guilty of an offense under
Section 30, Article V of the Comprehensive Firearms and Ammunition Regulation Act.

Page L42 of 239

 CHAPTER )O(
COMPLIANCE WITH THE LAW ON DATA PRIVACY

SEC, 329. Processing of Petsonal Data, -The Commission, CBFSC, and USCC
shall process personal data solely for the purpose of implementing these guidelines, and
always in adherence to the principles of transparency, legitimate purpose, and
proportionality, as well as the rules on personal data collection, processing, and retention
under the Data Privacy Act of 2012, its Implementing Rules and Regulations, and pertinent
circulars lssued by the National Privacy Commission.

SEC. 33O, Security Measurcs. - The Commission, CBFSC, and USCC shall
implement reasonable and appropriate organizational, physical, and technical security
measures for the protection of personal data being processed for purposes of these
guidelines, which shall include the execution of a Non-Disclosure Agreement (NDA) with
all personnel who shall handle personal data. The execution of an NDA shall also apply to
all AFP and PNP counterparts, and all members of the EUs and REUs.

SEC. 331, Disclosure, -

Personal data processed for the purpose of
implementing these guidelines shall not be disclosed unless:

a. the data subject gives his/her consent; or

b. it is legally required or authorized under laws, rules, and regulations, or by a court or

tribunal: Provided, that in all instances, requests for disclosure of personal data shall
be addressed and referred to the Commission's Data Protection Officer.

SEC. 332. Accountability for Violation of the Law and Regulations on

-
Data Privacy. Violation of this Rule shall be dealt with criminally, civilly, and
administratively in accordance with the provisions of the Data Privacy Act of 2012, and
other applicable laws, rules and regulations.

AfticIe XII
DECLARATION OF CERTAIN AREAS IN THE COUNTRY
UNDER COMELEC CONTROI" ELECTION AREAS OF
CONCERN, AND ESTABUSHMENT OF COMELEC COMMAND
CENTER

SEC.333. Power to declare COMELEC Conbol, - Ihe COMELEC En Banc shall

exercise the authority to place certain areas in the country under COMELEC Control.

SEC. 334. Deftnition of COMELEC Control. - When the peace and order
situation in the area will affect the conduct of elections, the COMELEC En Eanc may place
any political division, subdivision, unit or area affected under its immediate and direct
control and supervision. COMELEC Control includes:

A. Immediate and direct control and supervision over national and local
officials and employees. - The COMELEC shall take immediate and direct control
and supervision over all national and local officials and employees required by law
to perform duties and/or to comply with certain prohibitions relative to the conduct
of the elections in the political division, subdivision, unit or area concerned.

B. Ful! control and supervision over alt national and local law enforcement
agencies. - The COMELEC shall exercise full control and supervision over all
national and local law enforcement agencies as well as military offcers and men
assigned in the political division, subdivision, unit or area concerned.

SEC. 335. Grounds for the declaration of COMELEC Control.

Page 143 of 239

 a. History of/ or current intense rivalry among the contending parties. Such
rivalries could motivate people to engage in violent acts;
b. The area has been previously declared under COMELEC Control;
c. Incidence of politically-motivated violence involving aspirants/ candidates
and/or their supporters;
d. Violence maybe facilitated by the employment of Private Armed Groups (PAGs);
and

e. Serious armed threats posed by the Communist Terrorist Group (CTG), and/or
other threat groups including the Bangsamoro Islamic Freedom Fighters (BIFF),
the Abu Sayyaf Group (ASG), the Maute Group, and other analogous threat
groups as may be declared by the competent authority, or other paramilitary
forces, private armies or identifiable armed bands widely perceived to have
committed terrorism, fraud or other election irregularities and threaten or tend
to disrupt the holding of free, peaceful, honest orderly and credible elections
in any political division, subdivision, unit or area.

SEC. 336. Modes of declaration of COMELEC Control, - A declaration of

COMELEC Control can be initiated (1) motu proprio; (2) by the filing of request; or (3)
by the filing of direct petition/letter.

SEC. 336.1. Motu Propria - The Committee on the Ban on Firearms and
Security Concerns (CBFSC) has the authority to declare an area under COMELEC
Control. The declaration by the CBFSC shall be final and immediately executory,
unless modifled, reversed or revoked by the COMELEC En Banc.

SEC. 336.2. Filing of Request - COMELEC Field Officers, the Philippine

National Police (PNP) and the Armed Forces of the Philippines (AFP) may Rle
with the CBFSP a request for declaration of COMELEC Control. Such request
shall be made through official reports.

SEC, 336.3, Filing of Direct Petition/Letter. - Any person may file a

petition/letter for the declaration of COMELEC Control with the Clerk of the
Commission stating therein the grounds why the area shall be declared to be
under such control. The filing shall be without cost of docket fees.

SEC. 336.4. Jurisdiction. - All requests and direct petltions/letters shall be

acted upon by the COMELEC En Banc.

SEC. 337. Effects of a declaration of COMELEC Contrcl. - To ensure the

conduct of free, peaceful, orderly, honest and credible elections, once an area has been
declared under COMELEC Control, the COMELEC, thru the CBFSC, has the authority among
others to:

SEC. 337.1. Reshuffle or relieve members of the PNP;

SEC. 337.2. Require the Department of the Interior and Local Government
(DILG) as deputized agency of the COMELEC, to:

a. Look into the existence of any armed group organized to commit, or

which is committing or attempting to commit, acts of terrorism, or
threats to intimidate or coerce any person to vote for or against a
candidate; and
b. Suppress or prevent said acts of terrorism or threats that has been
established.

Page 144 of 239

 In this regard, the COMELEC, may recommend and/or enjoin the DILG to
take appropriate action in order to realize the objectives of placing the area
under COMELEC Control.

SEC. 337.3.The COMELEC may recommend the relief of any public officer or
employee who violates any election law or fails to comply with its instructions,
orders, decisions or rulings from the performance of their duties relating to
electoral processes, and recommend their substitutes.

SEC.337.4. To direct the Department of Finance (DOF) to comply with and

enforce all orders and instructions of the COMELEC relative to the election duties
and functions of its personnel; ensure that all provincial, city, and municipal
treasurers remain in their present assignments and neither transferred, detailed,
reassigned, whether temporary or permanently, to another province, city or
municipality, except upon prior written authority of the COMELEC, nor allowed to
go on leave of absence from office during the period starting two weeks before
and two weeks after election day, except upon prior written approval of the
COMELEC; not to designate temporary or casual employee as Officer-In-Charge
(OIC) of the Office of the Treasurer; and perform such other duties and functions
which the COMELEC may prescribe from time to time.

SEC. 337.6. All Certificate of Authority issued in relation to COMELEC Resolution

No. 10728 or the Rules and Regulations on the Ban on the (1) Bearing, Carrying
or Transporting of Firearms or other Deadly Weapons; and (2) the Employment,
Availment or Engagement of the Services of Security Personnel or Bodyguards
During the election period of the May 9, 2022 National and Local Elections,
promulgated on 10 November 202t, shall be automatically revoked unless
othervvise retained by the CBFSC.

-
SEC. 338. Duration of COMELEC Control, When a political division,
subdivision, unit or area is placed under COMELEC Control, such shall continue to be in
full force and in effect until the end of the election period, unless sooner lifted by the
COMELEC,

SEC. 339. Role of the CBFSC.- The CBFSC, in addition to its existing functions
under COMELEC Resolution 10728 and other duly issued resolutions of the Commission
En Banc, is hereby mandated to the exercise the following powers and duties:

a. To supervise and control administrative activities and transactions of local

government units in the localities under COMELEC Control and enforce therein
strict compliance with the election bans and prohibitions under Section 261 of
the Omnibus Election Code (OEC), particularly on, but not limlted to, the
disbursement of public funds, the construction of public works, movements of
government personnel and non-intervention of civil service officials and
employees as well as police and military officers and personnel;

b. To oversee effective and necessary distribution, assignment and deployment of

officers and personnel of the PNP as well as officers and men of the AFP in the
locality concerned, and place under its control their activlties relative to the strict
enforcement of the law on the firearms ban, security personnel of candidates
and private citizens, the appointment or use of special policemen for election
purposes and similar prohibitions under the pertinent provisions of Sec. 261 of
the OEC and Sec. Z 33 and Sec. 34 of Republic Act No. 7166;

c. To augment the police force and assign additional milltary troops whenever
necessary to quell any possible outbreak of violence and maintain peace and
order in the locality concerned;

Page 145 of 239

 d. When necessary/ to substitute a whole unit of the police force assigned in the
locality concerned with another police unit or with an adequate unit of the AFP;

e. To relieve any police or military officer or personnel; and

f. To revoke any issued Ceftificates of Authority as peace and order conditions

demands;

g. To act as law enforcement arm of the COMELEC in effecting and implementing

its specific orders, rulings, resolutions and decisions;

h. To adopt appropriate measures to safeguard and ensure the holding of free,

peaceful, orderly, honest and credible elections in the political division,
subdivision, unit or area under COMELEC Control; and

i. To submit periodic situation reports to the COMELEC En Banc through the

CBFSC using the most expeditious means.

Except when prior approval or authority ofthe COMELEC En Eancis required, the
CBFSC decisions and orders in connection herewith, shall be final and immediately
executory, unless modified, reversed or revoked by the COMELEC En Banc.

SEC. 34O. Role of the PNP and AFP.- In addition to their roles as deputized
agencies of the COMELEC under Resolution No. 10755 promulgated on January 19,2022,
the PNP and the AFP, are hereby directed to immediately provide personnel, equipment,
vehicles and other transportation facilities as the CBFSC may require.

SEC. 340.1. Designation of PI|IP/AFP Perconnel in Polling Centers. - The

PNP and/or AFP shall designate a sufficient number of personnel to adequately cover
the security of every polling center, provided that they shall not be allowed to stay
within a radius of fifty (50) meters from the polling place. They shall be allowed only
to enter the polling place when they are going to cast their votes and if there is an
actual disturbance of the peace and order therein.

SEC. 340.2. Call by the Elxtoral Boatds,- The Electoral Board (EB) upon
majority vote, if it deems necessary may make a call in writing, duly entered in the
minutes, for the detail of a policeman or any peace officer for their protection or for
the protection of the election documents and paraphernalia, in which case, the said
policeman or peace officer shall stay outside the polling place within a radius of
thirty (30) meters near enough to be easily called by the EB at any time, but never
at the door, and 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.

They shall be allowed to enter the polling place only in the following instances:

a when they are going to cast their votes; and

b when there is actual disturbance or disruption of peace and order,
the PNP or AFP officials/ personnel even without the written order
of the EBs.

SEC. 340.3. Estahlishment of Quick Reaction Teams (QRTs). - The PNP and
AFP shall likewise establish their respective QRTs per region, province, city and
municipality under the immediate and direct control supervision of their
corresponding Regional Joint Security Control Center (RJSCC), Provincial Joint
Security Control Center (PISCC), City/14unicipal loint Security Control Center
(C/MISCC). The composition and activation of which shall be based on their
respective Standard Operating Procedures (SOP) and Manuals of Operations

Page 146 of 239

 SEC, 341. Election Areas of Concern. - The PNP and the AFP, in their official
reports, shall be guided by the following classifications of Election Areas of Concern: (a)
Category GREEN; (b) Category YELLOW; or (c) Category ORANGE; or (d) Category RED.

The CBFSP, taking into account the PNP and AFP official reports regarding election
hotspots, shall recommend to the COMELEC En Banc areas to be identified as Election
Areas of Concern.

sEc. 341.1. Area with no security concerns or is relatively peaceful and orderly.
Category GREEN,
sEc. 34L.2. An area shall be placed under Category YELLOW upon the existence of
Category YELLOW. any of the following factors:
1. occurrence of suspected election-related incident (ERI) in the
last two (2) elections provided there was no participation of
domestic terror groups;
2. existence of intense partisan political rivalry with no pafticipation
of domestic terror groups;
3. possible employment of partisan armed groups by candidates in
the area;
4. occurrence of politically motivated ERI in the current election
period provided there is no participation of domestic terror
groups; or
5. the area has been previously declared under COMELEC Control.

e COMELEC En Banc, among others, may direct the augmentation of

PN P and AFP personnel, as the need arises in areas under Category
LLOW.

t
lsEc. 341.3. An area shall be placed under Category ORANGE upon the existence of
Jcategory following factors:
iomrer.
1. combination of two (2) or more factors under Category
YELLOW; oT
2. there is serious armed threats posed by the Communist Terrorist
Group (CTG), and/or other threat groups including the
Bangsamoro Islamic Freedom Fighters (BIFF), the Abu Sayyaf
Group (ASG), the Maute Group, and other analogous threat
groups as may be declared by the competent authority.

e COMELEC En Banc, among others, may direct the augmentation of

PNP and AFP personnel, as the need arises in areas under Category
ORANGE, and reshuffle the police force in such areas.

sEc. 341.4. An area shall be placed under Category RED upon:

Category RED.
1. the existence of one (1) or more factors described under
Category YELLOW, together with serious armed threats posed
by the Communist Terrorist Group (CTG), and/or other threat
groups including the Bangsamoro Islamic Freedom Fighters
l
(BIFF), the Abu Sayyaf Group (ASG), the Maute Group, and
other analogous threat groups as may be declared by the
competent authority under Category ORANGE; or
2. Declaration by other government agencies concerned that either
one of the grounds for the declaration of COMELEC Control
exists.

The COMELEC En Banc, among others, may direct the augmentation of

PNP and AFP personnel, as the need arises in areas under Category

Page 147 of 239

 ]nfO anO reshuffle the police force in such areas. The Category REDi
lclassification may warrant the motu proprio declaration of COMELEC
'Control.

SEC. 342. Implementation of COMELEC ControL - The Authority to place

certain areas in the country under COMELEC Control shall be exercised pursuant to the
parameters set forth in these guidelines.

Unless otherwise provided, the highest or designated COMELEC Officer (Regional

Election Director/Provincial Election Supervisor/Election Officer) in the area shall be
responsible in implementing the Resolution declaring an area under COMELEC Control, to
be supervised by the Field Operations Group (FOG).

SEC. 343, Establishment of COMELEC Command Centen - A COMELEC

Command Center, headed by the CBFSC, is hereby established to be the repository of all
election related repofts and to oversee the implementation of these guidelines.

SEC. 344. Task of the COMELEC Command Centen - The COIVIELEC

Command Center shall be tasked to monitor the following:

1. Security concerns in coordination with the CBFSC;

2. Deployment of Official Ballots, other election paraphernalia and supplies;
3. Training of Electoral Board;
4. Deployment of cash cards/cash advances;
5. Payment of honoraria to Electoral Boards;
6. Conduct of election (voting, counting. canvassing, and proclamation of
candidates);
7. Retrieval of election paraphernalia; and
8. Other issues and concerns that might be raised before the COMELEC.

The COMELEC Command Center shall work with other government agencies
deputized by the COMELEC for purposes of the conduct of elections, and other non-
government organizations in the performance of the above-mentioned tasks.

Afticle XIII
GUIDELINES ON THE ESTABLISHMENT AND
OPERATION OF COMETEC CHECKPOINTS;
AND
INSTRUCTIONS FOR THE CONDUCT OF PREUMINARY
EXAMINATION OF VIOLATIONS OF THE BAN ON
FIREARMS, OTHER DEADLY WEAPONS AND SECURITY
PERSONNEL

SEC. 345. Authority to Establish COMELEC Checkpoints - There shall be

at least one (1) COMELEC checkpoint in each city/municipality. However, additional
checkpoints, including those coming from other Philippine National Police (PNP)/Armed
Forces of the Philippines (AFP) commands outside the city/municipality, shall be
established in coordination with the Election Officer (EO) having jurisdiction over the
city/municipality.

SEC. 346, Notice of Loation of COMELEC Checkpoints. - The EO shall post

the locations of COMELEC checkpoints at the Office of the Election Officer (OEO), and the
respective offices of the PNP and AFP. Whenever possible, notices thereof will also be
disseminated to the non-government organizations, civil society groups and members of
the medla in the locality.

Page 148 of 239

 SEC. 347. Spot Checkpoint -
Where the circumstances warrant, spot
checkpoints may be established in locations other than those mentioned in the preceding
section. Before establishing such checkpoints, the coordinating officer/team leader shall
give prior notice and coordinate with the EO having jurisdiction over the area. The
establishment of spot checkpoints shall follow the same guidelines for COMELEC
checkpoint under Section 350 of this code.

SEC. 348, Perconnel to Man Checkpoint - Any unit designated to man a

COMELEC checkpoint must be led by a regular member of the AFP or with a rank the PNP
of at least Lieutenant/Inspector. In cases where there is no available AFP/PNP member of
said rank, the highest-ranking officer shall make a special deslgnation of a lower ranking
officer to act as a commanding offtcer/team leader of the COMELEC checkpoint.

Adequate number of AFP and PNP personnel shall man the checkpoints and must
be in complete service uniform with the name plates and other identification tags clearly
visible and readable, and shall not be under the influence of liquor/drug. Any violation
hereof shall make the offender and his commanding officer/team leader jointly liable for
administratlve action, without prejudice to the prosecution of any criminal offense.

SEC. 349. Briefing by the Commanding Officer/Team Leaden - A briefing

must be given by the commanding officer/team leader to all members of the unit who will
be designated to man the checkpoints, with emphasis on the proper manner of searching
with reasonableness.

SEC. 35O. Guidelines on the Establishment of COMELEC Checkpoinfs, - The

following guidelines must be observed on the establishment of COMELEC checkpoints:

a. A COMELEC checkpoint must be well-lighted, properly identified and manned with

uniformed personnel. It must be well-lighted so as to allow those who will pass
through it to easily identifiT the AFP/PNP uniformed personnel manning the
checkpoints with their name plates and other identification tags clearly visible and
readable;
b. Every COMELEC checkpoint shall have a signboard measuring three feet by four
feet (3'x4'), to clearly identify the place as a COMELEC checkpoint from a
reasonable distance.

The following shall be printed/painted on both sides of the signboard in bold

letters on a white background:

SlTOP
corvt ELEG c H Ec l<PoI hf -r
Pl€a-- t --. wltr! u-
l_ir.na( lrou to- ,'our' coop-r-.alon-

t{auE axo orfrcF oF * EfEcTlox oFalc€B

italuf ar{o ofrtcc oF IHE coMil^r{orflc ofrlcffi/TfaM ffaoEF

G >F
20231 BARAXG]AY AND SAXGGUI{IAXG
KABATAAX ELECT]OHS

There must also be signboards directing motorist(s) to slow down with an

indication that there is COMELEC checkpoint ahead. Warning signs should be

Page 749 of 239

 utilized (e.9., Slowdown Checkpoint Ahead, Checkpoint 20 lt4eters Ahead, etc.) to
give sufficient notice to the public as they approach a checkpoint;

c. Upon approach to any COMELEC checkpoint, the team manning it must require the
motorist(s) to slow down and courteously request to dim the headlights and turn
on cabin lights. In a checkpoint Inquiry, the occupants cannot be compelled to step
out of the vehicle;
d. Only visual search is required. The search which is normally permissible is limited
to visual search where the officer simply look into the vehicle and flashes a light
therein without opening the car's door;

e. No person may be subjected to a physical or body search in the absence of any

reasonable ground to believe that a person has just committed, is about to commit,
or is committing a crime;
f. The public is not obliged to open the glove compartment, trunk or bags. The
personnel manning the checkpoint cannot compel the motorist to open the trunk
or glove compartment of the car or any package contained therein;
S. Ordinary/routine questions may be asked with couftesy. Checkpoint may involve
only a brief detention of travelers during which the vehicle's occupants are required
to answer a brief question or two;
h. Personnel manning the checkpoint shall always observe the minimum public health
standards;
i. In case of any violation, incident or untoward circumstance during the conduct of
COMELEC checkpoint, a report thereon must be made and submitted to the EO
within twenty-four (24) hours to ensure proper monitoring and reporting of
violations.

SEC. 351. Searches of COMELEC Checkpoint - Any search at any COMELEC

checkpoint must be made only by members of the unit designated to man the same. It
should be done in a manner which will impose minimum inconvenience upon the person
or persons so searched, to the end that civil, political and human rights of any person are
not violated,
As a rule, a valid search must be authorized by a search warrant duly issued by an
appropriate authority. However, a warrantless search can be made in the following cases:

a. When the occupant/s of the vehicle appear/s to be suspicious or exhibit/s

unnatural reaction, such that any uniformed member of the unit designated to
man the checkpoint observes unusual conduct which convince the member to
believe that a criminal activity exist; or
b. On the basis of prior confidential information which are reasonably corroborated
by other attendant matters.

In all searches made in the checkpoints, the searching personnel must wear the
required personnel protective equipment (PPE).

The conduct of searches in the checkpoint must be in accordance with the

provisions of A.M. No. 21-06-08-SC on the rule on the use of body-worn cameras or
alternative recording device, when practicable.

352. Procdure in Case a Checkpoint is fgnored. - If a person ignores

SEC.
the checkpoint, the commanding officer/team leader must immediately report such
incident to the adjacent teams/police stations stating the particular details of the person/s
evading the checkpoint. If necessary, the team must immediately coordinate with such
adjacent teams or stations in order to establish roadbloclVs in accordance with existing
standard operating procedures of the PNP under PNPM-DO-DS-3-2-13 ("PNP Handbook")

Page 150 of 239

 SEC, 353. Procedure in Cases Where There is an Apparent Violation of the
Ban on Firearms or Other Deadly Weapons. - The following procedure must be followed
in cases where there is an apparent violation of the ban on firearms;

a. Any member of the team manning the checkpoint must ask for the
corresponding Certificate/s of Authority to bear, carry or transport the firearms,
ammunltions, explosives or any parts/components thereof. During the election
period, any person not in possession of any Certificate of Authority issued by the
Committee on the Ban on Firearms and Security Concerns (CBFSC) is presumed to
be without authority to bear, carry or transport the firearms, ammunitions,
explosives or any pafts/components thereof;

b. All standard operating procedures of the PNP under the PNP Handbook, must
be observed, more pafticularly on the conduct of spot checks (Rule 10), regular
police checkpoint (Rule 11.4), cases where the check point is ignored (Rule 11.6),
and dealing with hostile situation (Rule 11.8);
c. In cases where the circumstances warrant a justification for a valid arrest
and/or searches incidental thereto, the procedures for arrests and searches as
specified under the PNP Handbook, must be observed, more particulady the
guidelines for High-Risk Stop and High-Risk Arrest (Rule 11.9). Arrest Without a
Warrant (Rule 13.3), and Procedures for effecting a warrantless arrest (Rule 13.5).

SEC. 354, Rights of Percon Arrested, - Any person arrested at a COMELEC

checkpoint must be treated humanely and with utmost respect for his constitutional rights. He
must be informed of the following rights:

a. To remain silent, and be informed that any statement made may be used against
said person in court. This right cannot be waived except in writing and in the
presence of competent and independent counsel;
b. To have competent and independent counsel preferably of the person's choice,
but if the latter cannot afford the services of a counsel, said person must be
provided with one. The right cannot be waived except in writing and in the
presence of competent and independent counsel;
c. To be released from detention if no charges have been filed against the person
within the allowable period/s from arrest under the law, unless said person is
charged under P.D. 1866, as amended, Republic Act (R.A) 10591 (Comprehensive
Firearms and Ammunition Regulation Act), and other rules and regulations
implemented by the COMELEC. In no case shall the period of detention exceeds
thirty-six (36) hours from arrest, if no charge has been filed before the respective
Prosecutor's Office against the person arrested.
d. When women or children are among the suspects or arrestees, the arresting officer
shall task the Women's and Children's Protection Desks (WCPD) officer or a
policewoman who is familiar with women and children protection desk duties, to
conduct the pat-down search, whenever necessary, in accordance with Rule 13.6
(c) of the PNP Handbook.
e. A separate Police Blotter shall be maintained for crime incident report involving
women and children and those cases involving a child in conflict with the law
('CICL") to protect their privary pursuant to R.A.9262 (Anti-Violence Against
Women and Children Act of 2004) and RA. 9344 (Juvenile Justice and Welfare Act
of 2006), respectively, following Rule 17.2 of the PNP Handbook.
f. The AFP/PNP manning the checkpoint shall at all times ensure respect for the
rights of any CICL as provided in the Philippine Constitution, domestic laws, the
Convention on the Rights of the Child and other related international human rights
instruments. The procedures in handling of CICL under Rules 33.5 and 33.6 of the
PNP Handbook shall be strictly followed.
g. In cases Involving persons with disability, the prohibitions on verbal, non-verbal
ridicule and vilification under R.A. 92142 (An Act Amending R.A. No.7277, otherwise

Page 151of 239

 known as the "Magna Carta for Disabled Persons, and for other Purposes) and its
Implementing Rules and Regulations, and other relevant domestic and
international laws shall be strictly observed.
h. In cases involving violations committed by the elderly, due respect, courtesy and
consideration shall be accorded to their persons, in regard oftheir age and physical
state. The same respect, courtesy and consideration shall be accorded to pregnant
women.

SEC. 355. Record of Arrest - Any arrest

made at a COMELEC checkpoint shall be
immediately and chronologically recorded in a logbook for the purpose, stating the
circumstances of the arrest and other particulars about the person and the confiscated
weapons, ammunitions and materials.

The arresting officer shall execute an amdavit of arrest stating clearly and distinctly the facts
and circumstances surrounding the arrest.

SEC. 356. Report and Turn-over of Arrested Person. - Any person arrested at
a COMELEC checkpoint including the confiscated material, weapon, or ammunition, must be
turned-over to the nearest law enforcement station or offlce together with the corresponding
affidavit/s of arrest, for proper action.

The Chief of Police/Station Commander, or duly authorized PNP representative concerned,

shall conduct a preliminary examination and submit the result thereof to the Provincial/City
Prosecutor for preliminary investigation, copy furnished the Law Depaftment, EO, and their
respective operation centers.

SEC. 357. Documentation of the Conduct of Checkpoinf. - The team

conducting the checkpoint, if possible, shall photo/video-document their operation or at least
part of it for purposes of evaluating/assessing whether the checkpoint is compliant with these
rules, This is to ensure that the rights of persons passing through them are respected, provided
that the documentation conducted is not intrusive.

Any incident or untoward circumstance in the conduct of COMELEC CheckpoinG must be

properly recorded and reported to the appropriate City or Municipal Joint Security Control
Centers ("C/MJSCC"), which in turn shall forward the status and disposition of said occurrence
to the appropriate Provincial Joint Security Control Center ('PJSCC"). The PJSCC shall make a
weekly status/disposition report of any incident or untoward circumstance in the conduct of
COMELEC Checkpoint in their respective Regional Joint Security Control Centers ('RJSCC").
The USCC shall forward a weekly status/disposition report of the said occurrence/s to the
CBFSC Secretariat every Monday for the whole election period. In every case, the C/MJSCC
shall notify in writing the CBFSC main offlce of any incident or untoward circumstance in the
conduct of COMELEC checkpoint.

SEC. 358. Prohibition on Extortion/Solicitation Acceptane of Voluntary

Offerc of Cash or Gifu. - The team composing the checkpoint must not solicit or extort
money from persons passing through the checkpoint nor accept voluntary offer of cash or gifu
of whatever kind.

SEC. 359, Pdiminaty Examination, - The Chief of Police, Station Commander,

or the duly authorized PNP representative shall conduct the preliminary examination of all
apprehensions for violation of the ban on the bearing, carrying and transporting of firearms
and other deadly weapons, and on the employment of security personnel and bodyguards, in
their respective areas of jurisdiction.

SEC. 360, Procedurc. - The Chief of Police, Station Commander, or duly authorized
investigator shall:

a. Take the affidavit of the arresting officer or policeman indicating therein the
fact of arrest and the circumstances surrounding the arrest;

Page 152 of 239

 b. Take the statement of the respondenfls;
c. Confiscate the firearms and issue the proper receipt thereof;
d. Cause the respondent/s to sign an affidavit binding said respondent to be
present at the preliminary investigation at a later date before the prosecutor
and that failure to do so shall constitute a waiver to present evidence as
defense; and
e. Take the statement of witnesses, if any.

SEC. 361, Rights of Arrestd Person. - Any person arrested for violation of the
bans specified hereof who is undergoing preliminary examination must be treated humanely
and with utmost respect to constitutional and human rights, particularly his right as specified
under Section 354 hereof.

SEC. 352. Disposition of Documenb and Evidence. - The Chief of Police shall
submit the investigation report, together with all documents and evidence gathered during
the preliminary examination, within three (3) days from arrest to the corresponding
provincial/city prosecutor, furnishing the Law Department of the COMELEC with copies of the
report.

Upon proper representation by the named PNP personnel above, request can be made
with the concerned provincial/city prosecutor, furnishing the Law Department of the
COMELEC, that the seized firearm/s shall be released from their custody for them to be
submitted to the PNP Crime Laboratory Offices for the required ballistics and cross-matching
examinations.

The prosecutor shall then conduct an investigation which shalt be resolved within five
(5) days from its submission for resolution.

SEC, 353. Report of the Law Departmenf,. - The Law Department shall submit to
the CBFSC Chairperson a progress report stating the particulars of all arrests made during the
election period. The CBFSC shall submittothe COMELEC En Banca report of the said arrests
made during the election period.

SEC. 364. Compliance with the Data Privacy Act of 2072 and its
fmpbmenting Rules and Regulations -fhe COMELEC shall ensure that all its procedures
are compliant with the Data Privacy Act of 2012 and its Implementing Rules and Regulatlons.

SEC.365, Availability of Fund, -fhe COMELEC Finance Services Department (FSD),

through its Budget Division, shall ensure that the field offices of the COMELEC are allocated
with sufficient funds needed for the establishment of checkpoints, including the procurement
of the required signages.

Afticle XIV
PROHIBMON AGAINST APPOTNTMENT OR HIRING OF NEW
EMPLOYEES, CREATION OF NEW POSITIONS, PROMOTION OR
GIVING OF SALARY INCREASES, REMUNERATION OR
PRWILEGES; TRANSFER OR DETAIL OF CIWL SERVICE
EMPLOYEES; SUSPENSION OF ELECTIVE LOCAL OFFICIALS; AND
FILING OF LEAVE OF ABSENCE OF LOCAL TREASURERS

SEC. 356, Ptohibitd Acts and Period of Prohibition. - From Seote ber 15. 2023
(Fridav) until October 29. 2023 (Sundav) and durino the period of fortv-five (45) days before
the conduct of BSKES:

a Except upon prior authority of the Commission. no head or appointing officer

of any national or local government office, agency or instrumentality,
including government-owned or controlled corporations shall:

Page 153 of 239

 Appoint or hire any new employee, whether permanent, provisional,
temporary, substitute or casual.
. Create and fill any new position.

b. No government official shall promote or give any increase of salary or

remuneration or privilege to any government official or employee, including
those in government-owned or controlled corporations.

-
SEC. 367, Designation not included. The appointment referred in these
guidelines shall not include designation as stated in the immediately preceding section. Thus,
designation of an incumbent official or employee in a committee or office which involves
merely the imposition of additional duties is not included in the prohibition.

SEC, 368, Reguest for Authority of the Commission b APPoint or Hire New
Employes; How to File. -

a Requests for authority to appoint or hire new employees shall be:

in writing;

ii. stating all information pertinent to the appointment or hiring f/: e.

name of appointee, position, salary gradq name of the appointing
authority, etc.) and the reasons for the same.

In case the name of the appointee is not available at the time of filing
of the request for Authority, the same shall be submitted within three
(3) days from the time of its availability;

b. The request shall be filed with the appropriate offices:

i. Law Department - requests for authority to appoint or hire new

employees of the central or main offices of national government
agencies and government agencies and government-owned and
controlled corporations, PNP Regional, Provincial, District, City
Directors or Police Colonel and other Officers with equivalent rank or
higher;
ii. Ofl'ie of the Regional Election DitKtor - rcquests for authority to
appoint or hire new employees In the field or local offices of government
agencies and government-owned and controlled corporations, PNP
Officers and members lower than Regional, Provincial, District, City
Directors or Police Colonel in the region where the vacancy exists

The Application for Request for Authorlty to Appoint or Hire Employees is attached as
Annex "T".

SEC. 369. Request for Authority of the Commission to Crcate and Fill New
Positions: Where and How to File.

a Requests for authority to create and fill new positions shall be submitted in
writing to the Law Department of the Commission.

b. The Commission shall not grant the authority unless it is satisfied that the
position to be created and filled is essential to the proper functioning of the
office or agency concerned and that the filling up of such position shall not
in any manner influence the results of the election.

Page 154 of 239

 The Application for Request for Authority to Create or Fill New Positions is attached
as Annex "U".

SEC. 370. When Request for Authority is Not Necessary. - No prior written
authority from this Commission shall be needed for the hiring or appointment of workers under
Contract of Service and Job Order whose services are neither covered Civil Service law, rules
and regulations nor considered as government service.

Renewal of appointments of temporary, casual, substitute and contractual personnel

are likewise not covered by this prohibition and will no longer need prior authority of the
Commission.

However, the appointing authority shall furnish the Commission, through the Law
Depaftment for main office positions, and through the Office of the Regional Election Director
concerned for field positions, a complete list of employees whose appointments were renewed,
indicating their position, item number, salary grade and station, if applicable.

SEC. 371. Urgent Need to Appoint or Hire New Employees,

a. Where there is urgent need to appoint or hire new employees and such
employee has already been appointed or hired without prior authority of the
Commission, the requesting office or agency shall notify the Commission in
writing, within three (3) days from the date of the appointment or hiring,
stating the following:

exact date when the position sought to be filled became vacant;

. the cause of vacancy;

iii. the reason for said appointment or hiring; and

iv. all the necessary data or information regarding the same.

b Notice shall be made through the Law Department in case of central or main
omce positions, or through the respective offices of the Regional Election
Directors in case of field positions.

c. The appointment or hiring of new employees shall be valid, unless the same
is found by the Commission:

l. to have been made to influence in any manner the results of the

election;

ii. to have been issued without the required notice; or

iii. that there is no urgent need for the appointment.

d The need to fill up a vacant position by a new employee may be

considered "urgent" if:

i. the position to be filled is essential to the proper functioning of the

office or agency concerned;

ii. the position has been vacated either by death, retirement, resignation,
promotion or transfer of the regular incumbent;
t. the appointment is issued within sixty (60) days from occurrence of
the vacancy;

Page 155 of 239

 the vacancy cannot be filled by promotion or transfer of insiders within
the same period; and

the position shall not be filled in any manner that may influence the
election.

Appointment to a position which has been vacant for more than sixty (60)
days shall not be considered urgent and must, therefore require prior written
authority from the Commission through the Law Depatment or the Regional
Election Directors concerned.

SEC.372. Total Ban on Promotion, Salary fncteases, Grant of Privileges. -For

purposes of the October 30, 2023 BSKE, the promotion or giving of increases of salary or
renumeration or privilege to any government olficial or employee including those in
government-owned and controlled corporations, shall be strictly prohibited from September
15,2023 (Friday) to October 29,2023 (Sunday). For the succeeding BSKES, the total ban on
promotion or giving of increases of salary or remuneration or privilege shall be skictly
implemented during the period of forty-five (45) days before electlon.

SEC. 373, fnjunction. - The Civil Service Commission (CSC), including all its field
offices is hereby enjoined not to approve the appointment of new employees where no prior
written authority of the Commission or its regional offtces is presented by the appointing
authority concerned or proof that the required notice has been complied with.

The Department of Budget and Management (DBM) and the Commission on Audit
(COA), including all their field offices, shall not release or authorize the release of any
appropriation, or pass in audit, payments or expenditures of public funds that may be directly
used in violation of the foregoing prohibition.

All field offices of the CSC are directed to submit immediately to the Commission
through the Law Depatment a written report on any violation of said provision of the law
th roug h electron ic maal at la w@ co m elec. g ov. p h.

rorAl BAN oN ApporN?NPNTLt* oF NEw

"r*rnn
EMPLOYEES, CREATION OF NEW POSITION, PROMOTION,
OR GIVING OF SALARY INCREASES, REMUNERATION OR
PRIVILEGES IN THE BARANGAY

Sec, 374. Total Ban on Appointment, Hiring of lVew Employees, Creation of

New Position, Ptomotion or Giving of hlary fnoeases, Remuneration or Privileges
in the Barangay, - From October 2O, 2O23 (Fridav) to October 29, 2O23 (Sundav'l
and durino the period of ten (1O) days immediately precedino the conduct of
EXES-the appointment or hiring of new employees, creation of new position, promotion or
giving of salary increases, remuneration or privileges in the barangay shall be strictly
prohibited.

SEC. 375. fnjunction, - The CSC and its field offices are hereby enjoined not to
approve the appointment or hiring of new employees, creation of new position, promotion or
privileges to employees in the barangay from October 2Ot 2023 (Friday) to October 29,
2023 (Sunday) and during the period of ten (1O) days immediately preceding the
conduct of BSKEs,

The DBM and the COA, including all their field offices, shall not release or authorize the
release of any appropriation/ or pass in audit, payments or expenditures of public funds that
may be directly used in violation of the foregoing prohibition.

Page 156 of 239

 All field offices of the CSC are directed to submit immediately to the Commission
through the Law Department a written report on any violation of said provision of the law
th rou g h electron ic mail at la w@ com e lec g ov, p h,

CHAPTER II
TRANSFER OF OFFTCERS AND EMPLOYEES IN THE CIWL
SERVICE

SEC, 376. Prohibited Act and Period of Ptohibition - No public official shall,
make or cause any transfer or detail whatsoever of any officer or employee in the civil service,
including public school teachers, within the election period, except upon prior written authority
of the Commission2o.

The phrase "transfer or detail" shall be construed in general terms. Any movement of
personnel from one station to another, whether or not in the same office or agency, during
the election is covered by the prohlbition.

Transfer incidental to promotion, as well as that incidental to appointment, is within

the purview of the prohibition against transfers during the election period.

The ban shall likewise include any movement consequent to an order for the return or
recall of the detailed, assigned or reassigned personnel to the original or previous place of
assignment within the period of prohibition.

SEC, 377 , Filing of Reguests with the Law Department - Requests for Authority
to make or cause any transfer or detail of any officer or employee in the civil service shall be
filed with the Law Depaftment, when:

a. The official station is in the centrafmain offices of national agencies and

government-owned or controlled corporations;
b. The requests for transfer or detail involve Provincial, Ciry/Municipal Treasurers and
Schools Division Superintendents and Assistant Superintendents;
c. The transfer or detail is inter-regional;
d. The request involves both intra-regional and inter-regional transfer or detail of officer
or employee in the civil service; or
e. The government agency has one integrated Region IV Offce for both Regions IV-A
and IV-B; or
f. It involves PNP Regional, Provlncial, District, City Directors or police Colonel and other
Officer with equivalent rank or higher.

SEC, 378. Filing of Requests with the Office of the Regional Election Directon
- Requests for Authority to make or cause any transfer or detail of any officer or employee in
the civil service shall be filed with the Office of the Regional Election Director where the
employee/s sought to be transferred or detailed is stationed, when:

r cl,( 261 (H), BP 881

Page 757 of 239

 a. It involves government olfcers or employees with official stations in the field offices
including the National Capital Region;
b. Intra-regional transfer/detail of PNP officers and members with ranks lower than the
PNP Regional, Provincial, District, City Directors or Police Colonel; or
c. All other officers and employees not indicated in Section 377 of these guidelines.

The Application for Request for Authority to Transfer or Detail Civil Service Officers or
Employees is attached as Annex "V".

SEC. 379, Request for Authority of the Commission on Transfer or Detail; How
to File. - Requests for Authority to make or cause any transfer or detail civil service officer or
employee shall be:

a in writing;
b indicating the office and place to which the civil service employee is proposed
to be transferred or detailed or otherwise moved;
c stating the reasons for the transfer or detail;
d all other data or information as the agency may deem impoftant or necessary
regarding the same.

CHAPTER IIT
SUSPENSION OF ELECTIVE PROVINCIAI, CITY, MUNICIPAL OR
BARANGAY OFFICER

SEC. 380. Prohibited Act. - During the election period, the provisions of law to
contrary notwithstanding, no public official shall, except upon prior written approval of the
Commission, suspend any elective provincial, city, municipal or barangay officer.

No prior approval is required if the suspension will be for purposes of applying the
Anti-Graft and Coffupt Practices,4cf in relation to the suspension and removal of elective
officials.

SEC. 381. Request for Authority of the Commission to Suspend any Elective
Provincial, City, Municipal or Barangay Officer, unless Suspension will be for
Purposes of Applying the Anti-Graft and Corrupt Practices Act: Where and How to
Fr7e, - Requests for Authority to suspend an elective provincial, city, municipal or barangay
officer shall be submitted to the Law Department of the Commission, supported by:

b. a certified true copy of the formal complaint executed under oath and
containing the specific charges.

If the certified true copy of the complaint is unavailable, a Certiflcation from

the requesting agency or local government unit stating that the agency or
local government unit that promulgated the decision or resolution did not
furnish them a copy of the said formal complaint; and

c a certified true copy of the Decision or Resolution suspending the concerned

elective local official.

The Request for Authority to Suspend Any Elective Provincial, City, Municipal or
Barangay Officer shall be sent through e-mail at law@comelec.gov.ph and registered mail or
recognized courier service,

Page 158 of 239

 The Application for Request for Authority to Suspend Elective Local Official is attached
as Annex "W".

SEC,382. When Request for Authority is Not Necessary. - Request for Authority
to suspend elective local officials shall not be necessary:

b. if the offense involved is punishable under the Anti-Grafr and Corupt

Pradices Ad; and

c for those that were already implemented before the start of the election
period but is continuously served during or even after the expiration of the
election period.

SEC. 383. Effect of the Onset of the Election Period, - The onset of the electlon
period will not have the effect of lifting any suspension that is already being served.

CHAPTER IV
LEAVE OF ABSENCE OR PROVINCIAL, CITY OR MUNICIPAT
TREASURER

SEC. 384, Leave of Absence of Provincial, City or Municipal Treasuren -In

view of the important role of provincial, city and municipal treasurers, the Department of
Finance (DOF) is deputized to ensure that all provincial, city, and municipal treasurers remain
in their present assignments and neither transferred or detailed, reassigned, whether
temporarily or permanently, to another province, city or municipality, except upon prior written
authorlty of the Commission, nor allowed to go on leave of absence from office during the
period starting two weeks before and two weeks after Election Day, except upon prior written
approval of the Commission. The DOF shall also ensure that no temporary or casual employee
is designated as Acting Treasurer of the Office of the Treasurer.

SEC. 385. Request for Approval of Leave of Absence of Ptovincial, City or

-
Municipal Treasurer Requests for approval of leaves of absence of provincial, city or
municipal treasurers within the period of two (2) weeks before and two (2) weeks after
Election Day shall be coursed through the appropriate Regional Office of the Bureau of Local
Government Finance (BLGF) of the DOF, having supervision and control over local offices of
treasurers, stating the purpose of the leave.

The Regional BLGF Office shall then request for a prior written approval by the
Commission for the leave of absence of the requesting treasurer.

SEC. 385. Where to File. -The Regional BLGF shall file the request for approval of
leave of absence with the appropriate Office of the Regional Election Director of the
Commission. The Regional Election Director shall approve or disapprove the same, subject to
the following conditions:

a that personnel in an acting capacity is designated in the office of the

treasurer whose leave of absence is being requested for approval during the
period of absence so as not to disrupt or impede the proper functioning of
the office;

b that an approval is prospective in application and without prejudice to the

applicable Civil Service Law, rules and regulations on personnel
action/movements; and

Page 159 of 239

 c that the leave of absence of the treasurer and the designation of an acting
treasurer are not made to influence the election.

CHAPTER V
AUTHORITY OF THE CHAIRMAN TO APPROVE/DISAPPROVE
REQUESTS AND THE PROCEDURE ON THE REQUEST

SEC. 3A7, Authority of the Chairman to Approve/Disapprove

Recommendations from the Law Depaftmenf, - The Law Department shall prepare its
Recommendation on all requests for Authority received by it: (1) to appoint or hire new
employees; (2) to create and fill new positions; (3) transfer or detail of civil service officer or
employee; and (4) to suspend any elective provincial, city, municipal or barangay officer,
which shall be submitted to the Chairman of the Commission for approval or disapproval.

All actions of the Chairman on the requests for Authority covered in this article shall
remain valid and effective, unless otherwise reversed or set aside by the Commission En Banc.

SEC. 388, Requests for Authority Submitted to the Office of the Regional
Election Dirccton - The Offices of the Regional Election Director shall approve or disapprove
all requests for Authority to: (1) appoint or hire new employees; and (2) transfer or detail
officers or employees of the Civil Service and request For approval of leaves of absence of local
treasurers, as received by them.

All actions of the Regional Election Directors on the requests covered in these
guidelines shall remain valid and effective, unless otherwise reversed or set aside by the
Commission En Banc.

sEC. 389, Reconsideration of the Disapproval of the Reguests. - In case of

disapproval of the requests for Authority to: (l) appoint or hire new employees; (2) create
and fill new positions; (3) transfer or detail civil service employees or officers or suspend local
elective officials; or denial of the leaves of absence of local treasurers, a request for
reconsideration may be filed with the Chairman or Regional Election Director who issued the
disapproval.

The request for reconsideration shall be filed within three (3) days from receipt of the
Notice of Disapproval, through the following manner:

a. A digital/scanned copy of the request for reconsideration shall be submitted

through e-mail to:

i. law@comelec.gov.ph for the Offlce of the Chairman; or

the e-mail address of the concerned Office of the Regional Director

which may be found in the Commissiont official website at
www.comelec.oov.oh.

The annexes of the request, if any, must be e-mailed together with

the request for reconsideration.

b On the same day of filing through e-mail, the hard copy of the request for
reconsideration, including its annexes, if any, shall be sent by registered
mail or recognized courier service to the Law Department for the Office of
the Chairman or Office of the Regional Election Director.

Page 1.60 of 239

 The decision of the Chairman or Regional Election Director on the request for
reconsideratlon shall become final and executory unless an Appeal is filed pursuant to Section
390 of these guidelines.

SEC. 390. Appeal on the Denial of the Request for Reconsideration, -In case
of denial by Chairman or Regional Election Director of the request for reconsideration, an
appeal may be filed to the Commission En Banc within three (3) days from receipt of the
Notice of Denial, in the following manner:

a A digital/scanned copy of the appeal shall be submitted through e-mail to the

Office of the Secretary of the Commission at comsec@comelec.gov.ph;

b On the same day of filing through e-mail, the hard copy of the Appeal shall
be sent by registered mail or recognized courier service to the Office of the
Secretary of the Commission at comsec@comelec.gov.ph.

The decision of the Commission En Banc on the Appeal shall become final and
executory.

SEC. 391. Repoft of the Ofl'ice of Regional Election Dircctors on All Actions
on Reguests for Authority to the Law Department - At the end of the election period,
the Regional Election Director shall make a Report of all the actions taken on the requests for
authority to (1) appoint or hire new employees; and (2) transfer or detail civil service officer
or employee and requests for approval of leaves of absence of local treasurers.

The Report shall be submitted to the Law Department through e-mail at

law@comelec.gov.ph and the hard copy of the report shall be sent through registered
mail/recognized courier service.

Sample copies of the Reports are attached as Annexes "X" and "X-1".

CHAPTER VI
GRANT OF CONTINUING AUTHORITY

SEC. 392, Grant of Continuing Authority. - The grant of continuing authority to

appoint or hire new employees during the period of forty-five (45) days before a barangay
and SK election and transfer or detail civil service officers or employees during the election
period may be granted to government agencies, upon the submission to the Law Department
of a written request justifying the reasons therefor.

SEC. 393, Conditions for the Grant of Continuing Authority. - The grant of
continuing authority to government agencies to appoint or hire new employees during the
period of forty-five (45) days before a barangay and SK election or transfer or detail civil
service officers or employees during the election period shall, however, be subject to the
following conditions: That -

a. it is essential to the proper functioning ofthe office and shall not in any manner
influence the conduct of the BSKEs;
m
b. the authorization shall be prospective in application and without prejudice to
the applicable Civil Service Law, rules and regulations on personnel
actions/movements;

c. it shall not involve promotion or giving of any increase of salary or remuneration

or privilege during the forty-five (a5) day period before the conduct of the
BSKE which is strictly prohibited;

Page 161 of 239

 d. they shall notif,/ the Commission, in writing, within three (3) days from date of
appointment, transfer/detail, through the Law Department as follows:
d.1 In cases of appointment -

t. name of the office or employee to be appointed or hired;

ii. position of said officer or employee to be appointed or hired;
iii. the exact date when the position to be filled became vacant;
iv. cause of the vacancy; and
all the necessary data or information regarding the same.

d.2 In cases of transfers/details -

i. the office and place where the officer or employee came from and
the office/place to which said officer or employee is transferred,
detailed or otherwise moved;
ii. justifications or reasons for said transfer or designation; and
iii. all necessary data or information regarding the same.
The written notice shall be sent to the Law Department v/a e-mail at
law@comelec.gov.ph as well as through registered mail/recognized courier service.

394. Continuing Authortry to Appoint and Transfer Government Officers

SEC.
or Employees Granted to Ceftain Government Agencies. - The Commission hereby
grants continuing authority to the following government agencies to appoint or hire new
employees during the period of forty-five (45) days before a barangay and SK election, and
to transfer or detail their officers or employees within the election period, in view of their
fu nctions:

a The President of the Philippines;

b Supreme Court of the Philippines, Court of Appeals, Sandiganbayan, Court
of Tax Appeals and the lower courts, including the Presidential Electoral
Tribunal, Senate Electoral Tribunal and House of Representatives Electoral
Tribunal; and
c Such other government agencies as may be approved in accordance
herewith.

CHAPTER VII
AUTHORITY OF THE COMMISSION ON ELECTIONS TO
APPOINT, TRANSFER OR REASSIGN ITS PERSONNEL

SEC. 395. Basis of Authority. - There is an essential need to appoint, reassign or

transfer personnel of the Commission to effectively and efficiently carry out its constitutional
mandate to conduct free, orderly, honest, peaceful and credible elections.

SEC, 396. Grant of Authority. - fhe Commission is hereby granted authority to

appoint or hire new employees or fill new positions during the period of forty-five (45) days
before a barangay and SK election and transfer or assign or reassign its personnel within the
election period.

CHAPTER VIII
COMMON PROVISIONS

SEC, 397. Manner of Filing of Requests for Authority under these Guidelines.
-The requests for Authority under these guidelines shall be filed with the Law Department or
pertinent Office of the Regional Election Director in the following manner:

a. A digital/scanned copy of the request shall be submitted through e-mail to:

Page 162 of 239

 i. law@comelec.gov.ph for the Law Department; or

ii. the e-mail address of the concerned Office of the Regional Director
which may be found in the Commission's official website at
ov. h

The attachments of the request, if any, such as the list of the names
of the personnel to be appointed, hired, transferred, detailed or
suspended, in MS Word Format, must be e-mailed together with the
signed request.

b On the same day of filing through e-mail, the hard copy of the request,
including its attachments, if any, shall be sent by registered mail or
recognized courier service to the Law Department or pertinent Office of the
Regional Election Director.

In case there is variance between the attachments sent through e-mail in word file
and the hard copy, the attachment sent through e-mail shall prevail.

SEC. 398. Request for Authority Fibd fn-Person or with the fncorrect
Office - Any request covered in these guidelines filed personally or through an application-
based courier service such as but not limitedto Grab Erpress or Lalamove shall not be received
by the Law Department or the Office of the Regional Director, as the case may be.

Any request filed with the incorrect office shall be deemed as not filed and shall not
be given due course.

SEC. 399. When to File Reguest for Authority of the Commission. - Requests
for Authority shall be filed with the Law Department or Office of the Regional Election Director
at least ten (10) days before the intended appointment or hiring of new employees, transfer
or detail of civil service employees, or leave of absence of local treasurers, or start of
suspension of local elective officials, as the case may be.

Provided that the request for Authority to appoint or hire of new employees shall be
filed not later than ten (10) days before election day, except in meritorious cases.

Provided further that the requests for Authority to transfer or detail civil service
employees, approval of leave of absence of local treasurers or to suspend local elective officials
shall be filed not later than ten (10) days before the end of the election period, except in
meritorious cases.

The following constitute as a meritorious case:

a The request for authority must be for an emergency and/or an urgent reason
involving national security and defense.

For this purpose, national security ls defined as a state or condition wherein

the people's welfare, well-being, ways oflife; government and its
institutions; territorial integrity; sovereignty; and core values are enhanced
and protected;
b Any delay will result in the loss of life and/or prejudice national interest;

c Itis essential to the proper functioning of the offce and shall not in any
manner influence the conduct of the BSKE; and

Page 1.63 of 239

 d. It shall not involve promotion or giving of any increase of salary or
remuneration or prlvilege during the prohibitive period which is strictly
prohibited without any exception whatsoever.

Any request filed after the implementation of the appointment or hiring of new
employees or creation of new positions, transfer or detail, or leave of absence or suspension,
shall not be accepted or acted upon.

CHAPTER IX
AUTHORITY OF THE AFP AND PNP TO USE ANY ARMORED
LAND, WATER OR AIR CRAFT

SEC. 40O, Grantof Authority to the Armed Forces of the Philippines and
Philippine National Police to Use Any Armored Lan4 Water or Air Craft. - The
Commission hereby grants authority to the AFP and PNP to use, during the campaign period,
on the day before and on election day, any armored land, water or air craft, provided with
any temporary or permanent equipment or any other device or contraption for the mounting
or installation of cannons, machine guns and other similar high caliber firearms, including
military type tanks, half trucks, scout trucks, armored trucks, of any make or model, whether
new, reconditioned, rebuilt or remodeled as may be necessary to carry out their mandates as
deputies of the Commlssion.

This authority shall be without prejudice to the application of the prohibition under
Section 261, paragraph (o) of B.P. 881, on the use of public equipment and facilities owned
or controlled by the government for election campaign.

Afticl exv
RULES ON THE PROHTBITION AGAINST RELEASE,
DISBURSEMENT OR EXPENDTTURE OF PUBLIC FUNDS ON
SOCIAL SERVICES AND DEVELOPMENT

SEC. 4O1. Filing of Petition, Petitions for exemption from the ban on the release,
-
disbursement, or expenditure of public funds pertaining to social services and development
shall be filed before the Commission (frr Sard throuoh the Office of the Clerk of the
Commission (OCOC), in accordance with the procedure prescribed under the pertinent rules
and resolutions on the filing of petitions and pleadings, and subject to the payment of the
appropriate docket fees.

SEC. 402, Publiation of Petition. On the day following the receipt of the /Vofl'.e
-
and Order of hearing but prior to the day of hearing, the petitioner shall cause its publication
together with the Petition, in a daily newspaper of general circulation in the concerned
jurisdiction, notifying the Commission in writing of the compliance thereof. Copies of the
Noticq Order, and Petition shall also be posted in three (3) conspicuous public places in the
concerned jurisdiction within the same period. Expenses for the publication and notices shall
be borne by the petitioner.

SEC. 4O3. Period of Filing. Petitions for exemption from the ban on the release,
disbursement, or expenditure of
-
public funds pertaining to social services and development
shall be filed not later than fortv-five (45) davs orior to the commencement of the
ban.

Page L64 of 239

 Articl e XVI
LIQUOR BAN

SEC. 404, Prohibited Acts. - It shall be unlawful for any person, including owners and
managers of hotels, resots, restaurants, and other establishments of the same nature to sell,
furnish, offer, buy, serve, or take intoxicating liquor anywhere in the Philippines.

SEC, 405. Period of Pmhibition. - The liquor ban shall be in force and effect on the
day before the election and on election day.

SEC. 406. Exemption. -

Hotels, resorts, restaurants, and other establishments of the
same nature duly ceftified by the Department of Tourism as tourist-oriented and habitually in
the business of catering to foreign tourlsts may be exempted from the liquor ban: Provided,
that they secure prior written authority from the officers enumerated in Section 387 hereof,
upon showing that there are justifiable reasons therefor.

Only foreign tourists taking intoxicating liquor in said authorized hotels or establishments
are exempted from the prohibition.

SEC. 407. Wherc to Apply and Secure for Exemption. - Applications for exemption
together with suppoting documents, shall be filed with, and duly acted upon by the following:

a Regiona! Electaon Director of the National Capital Region (NCR), in

cases of hotels, resorts, restaurants, and other establishments of the same
nature located in the NCR;

b Provincial Election Supervisors with respect to establishments located

in the municipalities within their respective provinces; and

c. City Election Officers with respect to those located within their respective
cities or districts.

SEC. 4O8. Conditions for the Grant of Exemption - Exemption may be granted
only upon compliance and submlssion of the following:

a. The request or application for exemption must be under oath and must
contain a statement that the operator or owner of the hotel, resort,
restaurant, or other establishment of the same nature have not been
convicted of an election offense;

b A certification by the Department of Tourism stating that the requesting

hotel, resort, restaurant, or other establishment of the same nature is:

i. tourist-oriented;and

. habitually in the business of catering to foreign tourists.

C Currently licensed to do business in the Philippines or in the province, city,

or municipality as stated in its Business Permit; and

d Has paid the required taxes and/or fees imposed by the national or local
government or any of its agencies or instrumenta lities as attested by the
Bureau of Internal Revenue's Certificate of Registration and/or Mayor's
Permit or Business Permit as displayed in the establishment of the applicant.

Page 165 of 239

 SEC. 4O9, Revocation of Exemption. - The exemption granted may be revoked or
withdrawn summarily by the Commission motu proprio or upon verified petition filed by any
person, and showing among others, that the reason for which the exemption was granted
does not exist or is not justifiable, or that the requesting party or applicant has committed
misrepresentation in the application, or introduced or submitted falsified documents, subject
to notice and opportunity to present documentary evidence by the party whom the exemption
was granted.

SEC. 41O. When Request for Exemption is lVot Necessary. - Request for
exemption shall not be necessary in cases of bulk movement from one warehouse to another
or to retail outlets, of which sale and/or payment had already been consummated before the
days the liquor ban was imposed; Provided that no furnishing, offering, serving, taking or
selling of liquor products for consumption shall be done during the effectivity of the liquor
ban.

SEC. 411. Who shall Implement - The Philippine National Police, National Bureau of
Investigation, Regional Election Directors, Provincial Election Supervisors, Election Officers and
the COMELEC Election Law Enforcement Team, if any, which will be assigned by the
Commission in specific areas, shall implement this Article.

PART II
ELECTION DAY

AfticIe XVII
GENERAL TNSTRUCTIONS ON VOTING, COUNTING OF
VOTES AND CANVASSING

CHAPTER I
WATCHERS

SEC. 412. Official watcherc of candidates and other grcups. - Every candidate
for the Barangay and/or SK Elections shall each be entitled to one (1) watcher in every polling
place or canvassing center.

Duly accredited citizens'arms of the Commission shall be entitled to appoint a watcher

in every polling place or canvassing center. Other civic, professional, business, service, youth,
and any other similar organization, with prior authority of the Commission, shall be entitled
collectively to appoint one watcher in every polling place.

Preference shall be given to the watchers of the citizens' arms and Punong
Barangay/SK Chairperson candidates, in case the space reserved for watchers is not enough.

Citizens'arms already accredited during the May 9,2022 National and Local Elections;
need no longer apply for accreditation for purposes of October 30, 2023 BSKE. However, they
should file a manifestation of intent to discharge the duties of an accredited citizens'arm to
the Commission En Banc until June 2, 2023 or on such other dates as may be fixed by
the Commission.

Page 166 of 239

 SEC. 413. Qualifications of watcherc. No person shall be appointed as
watcher, unless said person:

(a) is a registered voter of the barangay or a member of the Katipunan ng

Kabataan, as the case maybe, in the assigned barangay;

(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 any of the prevailing
local dialect; and

(e) is not related within the fourth (4th) civil degree of consanguinity or
affinity to the Chairperson or any EB members in the polling place where
the watcher seeks appointment.

Incumbent Barangay Officials including Earangay Tanods shall not be appointed as

watchers of any candidate or citizens' arms.

SEC. 414. RighB and duties of a watcher. - Upon entering the polling place, the
watcher shall present to the EB Chairperson a sworn appointment. The appointment shall
bear the signature of the candidate with a statement that such person possesses all the
qualifications and none of the disqualifications as watcher. For this purpose, at least fifteen
(15) days before election day, candidates shall provide the EOs with a list of names and
signatures of their watchers. The Poll Clerk shall record the name of the watcher in the
Minutes with a notation under the watcher's signature that said person is not disqualified to
serve as such.

The watchers shall have the right to:

a) Stay in the space reserved for them inside the polling place;

b) Witness the proceedings ofthe EB;

c) Take note of what they may see or hear;

d) Take photographs of the proceedings and incidents, if any, during the

counting of votes, as well as of the Election Returns (ERs), tally board and
ballot boxes;

e) File a protest against any irregularlty or violation of law which they believe
may have been committed by any EB member or by any person;

0 Obtain from the EB a ceftificate as to the filing of such protest and/or of

the resolution thereon;

g) Have an unimpeded view of the ballot being read by the Chairperson, the
election returns (CEF No.9) and the tally board (CEF No.10) being
simultaneously accomplished by the Poll Clerk and the Third Member
respectively, without touching any of these election documents; and

h) Be furnished, upon request, with Certificate of Votes (CEF No.13), duly

signed and thumb-marked by the Chairperson and all EB members.

Watchers shall not speak to any EB member, or to any voter, or among themselves, in
such a manner as would disturb the EB proceedings.

Page 167 of 239

 CHAPTER IT
FORMS, DOCUMENTS AND SUPPLIES

SEC. 415, Forms, documenB and supplies. - The EB shall be provided with the
following forms, documents and supplies for use on Election Day:

A. VOTING AND COUNTING

CEF RATE OF
FORMS AND SUPPLIES
NO. DISTRIBUTION
ELECTION FORMS
Poster Indicating Precinct Number 1 prece
prece
6-BGY Official Ballots for Barangay Elections 1 per
voter
prece
6.SK Official Ballots for SK Elections 1 per
voter
set of 3
Election Returns for Barangay pages
9-BGY 1
Elections bv4
copies
set of 3
pa9es
9-SK Election Returns for SK Elections 1
bv4
copies
1O.BGY Tally Sheet for Barangay Elections 1 set
10-sK Tally Sheet for SK Elections 1 set
Minutes of Voting and Counting of set of 2
11 1
Votes pieces
preces
18 for BGY
L2 Paper Seals
16 pieces
for SK
13 Certificate of Votes 20 preceS
Certificate of Receipt of Official
t4 Ballots, Other Forms and Supplies by 3 preces
EB
Official Receipt of Election Returns
27-8,
- copy for the Barangay Board of
Canvassers set of 3
27-F & 1
27-G
- copy for the Election Officer pieces
- copy for the Secretary of the
Sanqqunianq Barangay
ENVELOPE FOR VOTING AND COUNTING
28BGY,
15BGY.
For BGY Official Ballots, Counted
16BGY,
Official Ballots, Excess, Marked,
16BGY. set of 7
Spoiled, Torn Half of Unused Official 1
A, 16- pieces
Ballots, Other Half of Torn Unused
BGY-8,
Official Ballots for Barangay Elections
16BGY.
c,

Page 168 of 239

 16BGY-
D

28SK,
15SK, For SK Official Ballots, Counted
16SK, Official Ballots, Excess, Marked,
set of 7
16SK.A, Spoiled, Torn Half of Unused Official 1
pieces
16SK.B, Ballots, Other Half of Torn Unused
16SK-C, Official Ballots for SK Elections
165K.D
For Election Returns for Barangay
Elections
t7H-
BRGY to
- copy for the Barangay Board
set of 4
of Canvassers 1
17K- pieces
BGY
- copy for the Election Offlcer
- copy for the Ballot Box
- copy for the Secretary, SB
For Election Returns for SK Elections
17H.SK - copy for the Barangay Board
set of 3
TO 17J- of Canvassers 1
pieces
SK - copy for the Election Officer
- copy for the Ballot Box
1B-A & For Minutes of Voting and Counting set of 2
1
18-B Votes pieces
19-A &
For Key of Ballot Box 1 Pieces
19-B
OTHER FORMS
30/31 Temporary Appointment and Oath of 3 Pieces
Chairperson/Poll ClerUMember
?E Cedificate of Challenge or Protest and 3 preces
Decision of the Board
39 Oath of Voter Challenged for Illegal 5 Pieces
Acts
40 Oath of Identification of Challenged 5 Pieces
Voter
General Instructions for EBlBBOCS Pieces
SUPPLIES
Ballpen t2 Pieces
Rubber Band B Pieces
Bond Paper Lonq 20 Pieces
Carbon Paper 5 Sheets
Thumbprint/Finqerprint Takers 2 Pieces
Plastic Security Seal for the Ballot Box 3 Pieces
Indelible Stain Ink 2 Bottles
Ballot Secrecy Folders t2 Pieces
Comelec Padlock with key 1 Piece
Packaginq Tape 1 Piece

A. CANVASSING FORMS (For Barangay/SK Board of Canvassers)

20-A-
Statement of Votes by Precinct for Barangay Elections
BGY
2O-A-SK Statement of Votes by Precinct for SK Elections
20-A-1 Summary Statement of Votes for SK and Barangay Elections

Page 169 of 239

 25-A- Certificate of Canvass and Proclamation of Winning Candidates for
BGY Baranqay Elections
Certificate of Canvass and Proclamation of Winning Candidates for
25.A-SK
SK Elections
17-L Envelope for Canvassed Election Returns
t2 Paper seals

The EB members shall check the completeness of the documents and the quantities of
the forms and supplies received and immediately call the attention of the EO or the
City/Municipal Treasurer, as the case may be, on any deficiency or shortage thereof.
Thereafter, the EB members shall sign a Certificate of Receipt (CEF Form No. 14) in
three (3) copies, one (1) copy of which shall be retained by the EB. The two (2) other copies
shall be returned to the City/Municipal Treasurer who, after the elections, shall immediately
transmit one (1) copy thereof to the concerned EO.

The EB members shall also receive from the EO the following documents duly certified
by the ERB:

a) One (1) copy of the EDCVL for Barangay voters;

b) One (1) copy of the EDCVL for SK voters;
c) Two (2) copies of the PCVL for Barangay voters; and
d) Two (2) copies of the PCVL for SK voters.

The Poll Clerkshall have custody ofthe EDCVLs. The Third Membershall have custody
of one (1) copy of PCVL. The other copy of the PCVL shall be posted at the door of the polling
place.

SEC. 416. Forms to be reprudued when neded. - The following forms may be
reproduced by the EO through the EB when the need arises:

a) Temporary Appointment of Chairperson, Poll Cler(Member (Annex "AA");

b) Certificate of Challenge or Protest and Decision of the EB (Annex "BB");
c) Oath of Voter Challenged for Illegal Acts (Annex "CC"); and
d) Oath of ldentification of Challenged Voter (Annex "DD").

-
SEC. 417. Minutes of Voting and Counting of Votes. The EB shall accomplish
in two (2) copies, the Minutes (CEF No. 11), entering therein all the data, and acts, or incidents
required to be recorded as they become available or as they occur. Copies of the Minutes
shall be signed and sealed in separate envelopes (CEF Nos. 18 and 18A) for distribution as
follows:

(a) The copy intended for the Commission shall be delivered to the EO who
shall have custody over the same; and

(b) The copy intended for the ballot box shall be deposited inside the ballot box
compaftment for valid ballots.

SEC. 418. Verifrcation of forms, documenB and suppliec before the

CiU/ M u n icipa I Treasu ter. -
Before the election dav

The treasurer shall notifo the EBs that the forms, documents and supplies have been
delivered to the City/Municipal Treasurer's Office and is ready for verification for
completeness. For this purpose, a duly designated member of the EB shall verif,7 the
forms, documents and supplies assigned to their polling place.

I'age 170 of 239

 On Election Dav

The duly designated member of the EB shall obtain from the Office of the
City/Municipal Treasurer the forms, documents and supplies early in the morning of
Election Day, except, when authorized to do so earlier by the Commission, through the
RED in the case of NCR, Davao City and Zamboanga City or the pES in the rest of the
provinces.

SEC, 419. Reguest for early delivery. - Approval of any request for early delivery
of election forms, documents and supplies by the RED (NCR, Davao City and Zamboanga City)
or PES shall be governed by the following guidelines:

a) That there is considerable distance between the Office of the City/Municipal

Treasurer and the location of the polling place;

b) That there is lack or difficulty of means of transpoftation in the area;

c) That the total number of precincts in the city or municipality is such that if
the delivery of the official ballots, ERs, other election forms and
paraphernalia is done early in the morning of election day, not all the EB
members may be able to receive said forms, supplies and paraphernalia in
time for the opening of polls at seven (7:00) o' clock in the morning of
election day, unless otherwise fixed by the Commission; or

d) That the peace and order conditions in the area justitr/ such advance
delivery in order to ensure the security of the forms, documents and
paraphernalia, and safety of the EB members.

The PES shall make a corresponding repoft to the RED on approved request/s for early
delivery within twenty-four (24) hours from approval. The report shall specify the clustered
preclncts whose forms and supplies are to be released early, the date and time of the release,
the location of the voting center, and the reason/s for the early release. Within the same
period, a copy of the report shall be emailed at odedo@comelec.oov.oh, the official email
address of ODEDO.

The REDs of the NCR, Region 9 and Region 11 shall submit the required report to the
ODEDO within twenty-four (24) hours through the above email address.

CHAPTER III
CASTING OF VOTES

SEC. 42O. Date of election -

The election of Barangay and SK offcials shall be
held on Octobe r 3O, 2O23 and every three (3) years thereafter pursuant to Republic Act No.
1193521.

SEC. 421. Who arc allowed to vote. - The following shall be allowed to vote

a) Registered voters of the precinct whose names appear in the EDCVL for the
Barangay and/or SK levels;

b) Voters presenting final order of the court certified by the clerk of court and
verlfied by the EO; and

c) EB members entitled to avail of voting privileges under Section 137 hereof.

I "AN AC-T POSTPONING THE DECEMBEIT 2022 BARANGAY AND SANCCUNIANG KABATAAN ELECTIONS, AN{ENDINC FOR THI
PURPCEE REPUBLIC ACT NO,9164, APPROPRIATING IJUNT)STHEREIOR, AND FOR OT}IER PURI'OSES",

Page llL of 239

 9EC.422, Voting hours. - The casting of votes shall start at seven (7:00) otlock
in the morning and end at three (3:00) o'clock in the afternoon of election day, unless
otherwise flxed by the Commission. If at three otlock in the afternoon, there are still voters
within thirty (30) meters in front ofthe 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, list the names of said voters and consecutively number them. 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 permitted to vote at any later time. The said list shall be submitted to the EO'

SEC. 423, Pla@ of Voting. - Voters shall cast their votes in their designated polling
places.

SEC. 424. Votee' Assistance Desk (VAD). - To avoid gathering, crowding and
huddling around the PCVL, there shall be in each voting center, a Voters' Assistance Desk
(VAD), manned by any accredited citizen's arm or such other entities as may be determined
by the Commission, under the supervision and control of the DESO. The VAD shall assist
voters in ascertaining their precinct number, sequence number and direction to their polling
place.

In the event that there is no available accredited citizen's arm to man the VAD, the EO
may enter into a MOA with a non-partisan NGO, CSO, or other organizations available in their
respective areas of responsibility to man the VAD.

In areas where representatives of accredited citizen's arm, non-partisan NGO, CSO, or

other organizations are not available, registered voters of known probity and integrity residing
within the barangay may be designated to man the VAD provided they are quallfied, and have
no connection with the candidates. The designation shall be at no cost to the Commission.

Should there be no registered voter available to man the VAD, the voters shall follow
the usual procedure of finding their precinct number and polling place in the posted PCVL.

SEC.425, Prcliminaries to the voting. - The EB shall meet at the polling place
and perform the following preliminary activities:

(a) At six (6:O0) o'clock in the morning of election day:

1) See to it that they have all the election forms, documents and supplies
needed;

2) Post one (1) copy each of the PCVL for Barangay voters and SK voters
outside the polling place;

3) Display the poster indicating the precinct number and location of the
polling place (CE Form No. 3) near or at the door of the polling place;

4) Set-up or arrange the polling place in accordance with the

recommended Lay-out of Polling Place provided in Annex "EE" hereof;

5) Staple or paste the Certified Lists of Candidates for the Barangay and
SK positions inthe ballot secrecy folders or desks/chairs/tables; and

6) Place the ballot secrecy folders on top of the desks/chairs/tables.

(b) Before the start of voting, the EB Chairperson shall:

1.) Open the ballot box, empty both compartments, and show to the public
that they are empty. Then the EB Chairperson shall lock its interior

Page 172 of 239

 cover with one (1) padlock. The Poll Clerk shall retain the key to the
padlock during the voting; and

2.) Show to the public and to the watchers' present, the package of official
ballots (CEF No.6). Enter in the Minutes the number of pads and the
serial numbers (SNs) of the ballots in each pad, and the fact that the
package of ballots was shown to the public.

SEC. 426, Rules to be obseryed during the voting. - During the voting, the EB
shall see to it that:

(a) The voters shall vote in the order of their arrival in the polling place;

(b) No watcher enters the places reserved for the voters and the EB, nor
mingle and talk with the voters;

(c) No person carrying any firearm or other deadly weapon, except those
expressly authorized by the Commission, enters the polling place;

(d) No crowding of voters and disorderly behavior inside the polling place
shall occur; and

(e) The interior cover of the ballot box shall remain locked until the voting is
finished and the counting begins, except when it becomes necessary to make
room for more ballots, the Chairperson, may, in the presence ofwatchers, open
the box, press down the ballots without removing any of them. After which,
the Chairperson shall again close the interior cover of the ballot box and lock it
with the padlock.

Such facts shall be recorded in the Minutes.

SEC.427. Prohibition on voting. - It shall be unlavuful to:

(a) Bring the ballot and/or the ballot secrecy folder outside the polling
place, except for voting involving PWDS, SCs, heavily pregnant women
voters and voters in the IPP;

(b) Speak with anyone while inside the polling place; as herein provided;

(c) Prepare the ballot without using a ballot secrecy folder or exhibit its
contents to any person, except In cases of assisted voting;

(d) Erase any printing from the ballot or place any distinguishing mark
thereon;

(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 other scheme
to identifo the vote, including the use of digltal cameras, cellular phones
or similar gadgets;

(0 Intentionally tear or deface the ballot; and

(g) Disrupt or attempt to disrupt the proceedings of the EB.

SEC. 428, Petsns allowd inside the polling place. - Only the following shall
be allowed inside the polling place:

(a) EB members;

(b) Watchers who shall stay only in the space reserved for them;

Page L73 ol 239

 (c) Voters casting their votes;

(d) Voters waiting for their turn to vote;

(e) Voters waiting for their turn to get their ballots; and

(f) Others who are specifically authorized by the Commission.

SEC. 429, Holding Atea. - The EB, whenever necessary, in coordination with the
DESO, may designate an adjacent room -
with ample space and accessible to wheelchair
users, if available, to be used as holding area. The holding area shall be used by the voters
waiting for their turn to vote. The voters shall sit and arrange themselves such that they will
vote according to the sequence of their arrival.

Giving numbers to the voters to determine their sequence of voting is strictly

prohibited. Voters in the holding area shall be assisted by EB support staff.

SEC. 43O, Peaons not allowd in and around 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 fifty (50) meters thereof, except to vote:

(a) Any officer or member of the Armed Forces of the Philippines (AFP) or
the Philippine National Police (PNP), unless said PNP personnel is duly
appointed as EB members pursuant to Section 147 hereof;

(b) Any peace officer or armed person belonging to any extra-legal police
agency, special forces, reaction forces, strike forces, Civilian Armed Force
Geographical Units (CAFGUs), Barangay Tanods, or other similar forces
or paramilitary forces, including special forces, security guards, special
policemen;

(c) All other kinds of armed or unarmed extra-legal police forces; and
(d) Incumbent Barangay and SK official, whether elected or appointed.
However, the EB members, by majority vote, if it deems necessary, may order in
writing the detail of a police officer or any peace officer for their protection or for the protection
of the election documents and paraphernalia. Such order shall be entered in the Minutes.
Said police offlcer shall stay outside the polling place within a radius of thirty (30) meters or
near enough to be easily called by the EB at any time, but never at the door, except in areas
declared under COMELEC control, in which case the police officer shall stay near or at the door
of the polling place.

When there is actual disturbance or disruption of peace and order, the PNP or AFP
officials/personnel may enter the polling place even without the written order of the EB
members,

In no case shall the said police 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.

SEC.431. Authentication of the ballot. - In every case, the EB Chairperson shall,

in the presence of the voter and before giving the ballot to the voter. authenticate the same
by affixing his/her signature at the back thereof. Failure to authenticate shall be noted in the
Minutes and shall constitute an election offense. Further, in no case shall the Chairperson
pre-sign at the back of the ballot prior to its actual issuance to the voters.

Page 17 4 of 239
 SEC. 432. Order of voting. - The voters shall fall in line in the order of their arrival
in the polling place and cast their votes in the same order. They shall not crowd around the
table of the EB and shall immediately depart after casting their votes.

The EB shall give priority to PWDs, Senior Citizens, and heavily pregnant voters.

SEC. 433. Manner of obtaining the balloB. - The manner of obtaining the ballofls is as
follows:

(a) The voters shall:

1. Upon entering the Voting Center, proceed to the designated Voter's Assistance
Desk (VAD) to secure the precinct and sequence numbers and assigned
clustered precinct. In the absence of any designated VAD, the voters shall
follow the usual procedure of finding their precinct number and polling place
in the posted PCVL; and

2. Proceed to the assigned clustered precinct and approach any member of the
EB or its Support Staff, and state their names, precinct number, and sequence
numbers,

(b) The Poll Clerk shall:

1. Find out if the name of the voter is in the EDCVL and establish his/her
identity. If the voter's name is not in the EDCVL, the voter shall not be
allowed to vote, and shall be requested to leave the polling place;

2. If the identity is established, check the fingernails for any indelible ink
stain. If stained, it shall be a conclusive presumption that the voter has
already cast his/her vote. As such, the voter shall be directed to leave
the polling place after informing him/her the reason thereof. This fact,
including the name and the precinct of the voter, shall be recorded in
the Minutes.
3. If the fingernail is not stained, establish the identity of the voter through
the following:
i. Voter's photograph or specimen signature in the EDCVL or in any
other authentic identification document, except community tax
certificate; or
ii. in the absence of any of the above-mentioned proof of identity, any
member of the EB or any registered voter of the precinct/clustered
precinct may identiry under oath the voter, and such fact shall be
reflected in the Minutes.
4. If satisfied with the voter's identity, the name of the voter shall be
distinctly announced in a tone loud enough to be heard through the
polling place. If not satisfied with the voter's identity, the voter shall
be directed to leave the polling place after informing him/her of the
reason therefor.

5. If the voter is not challenged or having been challenged, and the question
has been decided in his/her favor, require the voter to sign in the
EDCVL. In case of illiterate voters or PWDS who cannot sign, require
said voters to affix their thumbmarks in the EDCVL.

6. Thereafter, the voter shall be directed to the Chairperson.

(c) The Chairperson shall:

Page 775 of 239

 1. Distinctly announce in a tone loud enough to be heard throughout the
polling place the name, precinct number and Serial Number (SN) of the
Barangay ballot and/or SK ballot to be issued to the voter. The Poll
Clerk shall enter the same in the corresponding space labeled "Ballot
SN" beside the name of the voter in the EDCVL-Barangay and/or
EDCVL-SK;

Authenticate the ballot/s by affixing signature at the

back thereof;
Fold the ballot/s in such a manner that its face, except
the portion where the SN appears, is covered. In case
the voter is entitled to vote in the barangay and SK
elections, the ballots shall be folded separately;
t. Give the ballot/s to the voter;
iv. Ask the voter to affix his/her signature in the space
provided in the EDCVL; and
Affix his/her signature in the space provided in the
EDCVL.

On/y the Chairperson shall issue the bal/ot and not more than one (1) ballot shal/ be
issued at one time except, in cases where the voter is a barangay resident and at the same
tine, within the age range of 18 - 30.
2. In case any voter, under the 18-30 years old category, refuses to accept
any of the Wvo (2) ballots (SK and Barangay), distinctly announce the
fact of refusal. With the presence of the concerned voter, write the
word "ABSTAINED" and sign at the back of the ballot and deposit the
same, in the compartment for spoiled ballots. The incident and the SN
of the ballot shall be recorded in the Minutes.
SEC. 434. Mannet of voting. - The voter shall, using a ballot secrecy folder, fill up
the ballot/s by writing in the corresponding spaces, the names of the individual candidates
voted for as appearing in the Cetified List of Candidates.

SEC. 435. Accomplishment of balloE for illiterate, PWD or Senior Citizens

(SC). - llliterate, PWD or SC who cannot by themselves accomplish the ballot may vote with
the assistance of any of the following:

(a) A relative within the fourth (4s) civil degree of consanguinity or affinity;

(b) A person of his/her confidence who belongs to the same household as that of
the voter. For this purpose, the person who usually assists the PWD, such as
personal assistant, caregiver, or a nurse shall be considered a member of the
voter's household; and

(c) Any EB member.

All assistors must be of voting age.

No person, except the EB members, may assist an illiterate, PWD or SC more than
three (3) times.
In all cases, the Poll Clerk shall first verlfli from the illiterate, PWD or SC whether the
latter had authorized the assistor to help in filling-up the ballot/s.
The assistor shall, in the presence of the illiterate, PWD or SC prepare the ballot/s
using a ballot secrecy folder.

Page 1.76 of 239

 The assistor shall be bound in writing and under oath to fill-up the ballot/s strictly in
accordance with the instructions of the voter and not to reveal the contents thereof, by affixing
signature on the appropriate space in the Minutes.

For this purpose, the EDCVL shall bear the following markings:
x
- 18 to 30 years old

A - Illiterate
B - Person with Disability (PWD)
C - Senior Citizen (SC)
SEC. 436. Accessible polling places (APPI). -
The EO, in coordination with the
school or building officials, shall see to it that the registered voters are assigned to polling
places located on the ground floor for easy access.

For PWDs, SCs and heavily pregnant, they shall vote in APP.

SEC. 437, Express lane for PWq SC, heavily pregnant women and EBs
exercising voting privilege. - PWDs, SCs, heavily pregnant women and EBs exercising
voting shall be afforded the right to an express or priority Iane. There should be a signage
inside the polling place indicating the location of the express lane.

SEC. 438, Spoiled balloE. -

If the ballovs is/are accidentally spoiled or defaced in
such a way that it cannot be lawfully used, the voter shall surrender it folded in the same way
when it was issued by the EB Chairperson. The EB Chairperson shall write the word "spoiled"
beside the ballot SN previously recorded in the EDCVL. The EB Chairperson shall then give the
voter a second authenticated ballot after announcing its SN, with the Poll Clerk recording the
same in the available space in the EDCVL. However, in cases of spoiled ballots under Sec.
439 paragraphs b (ii), e, and f, the voter shall not be issued another ballot.

If the second ballot is again spoiled or defaced in such a way that it can no longer be
lawfully used, the same shall be surrendered to the EB Chairperson in the same manner as
the first spoiled or defaced ballot. No voter shall be allowed to change spoiled/defaced ballot
more than once.

The spoiled ballot shall, without being unfolded and without removing the detachable
coupon, be distinctly marked with the word "spoiled", signed by the EB Chairperson at the
back thereof and deposited it in the compartment for spoiled ballots of the ballot box.

In all cases the Poll Clerk shall record in the Minutes the name of the voter and the SN
of the spoiled or replacement ballot.

SEC. 439. Procedures after voting. - After voting, the following procedures shall
be observed:

(a) After the voter has filled up the ballot/s, fold it in the same manner as it
was received;

(b) The voter shall then proceed to the Poll Clerk who shall, within the view of
the voter and the other EB members/ without unfolding the ballot/s or
seeing its contents, verifi7 the SN/s against the number/s previously entered
in the EDCVL to determine whether it is the same ballot/s given to the voter.

(i) If the SN/s of the ballot/s returned by the voter is the same as that
recorded in the EDCV|" the voter shall affix thumbmark in the
corresponding space in the ballot coupon/s, and return it to the Poll
Clerk;

(ii) If the SN/s is not the same with the SN/s as entered in the EDCVL,
the ballot/s shall be considered "spoiled" and shall be so marked and

Page 771 of 239

 signed by the Chairperson and placed inside the compartment for
spoiled ballots. Such fact shall be indicated in Part C ofthe Minutes.

(c) Ballot/s returned to the Poll Clerk, the detachable coupon/s of which was
not removed in the presence of the EB members and the voter, shall be
considered "spoiled". The Chairperson shall write at the back of the ballot
the word "spoiled", sign and place it inside the compartment for spoiled
ballots. Such fact shall be noted in the Minutes.

(d) The Poll Clerk shall then apply indelible ink at the base and extending to
the cuticle of the right forefinger nail of the voter, or at the base of any
other fingernail if there be no right forefinger.

(e) If the voter refuses to have the fingernail stained with indelible ink, the
voter shall be informed that such refusal shall render the ballo(s spoiled.

(Q If the voter still refuses despite being informed thereof, the Chairperson
shall, without unfolding the ballot/s and without removing the detachable
coupon/s, write at the back of the ballot the word "spoiled", sign the same
and immediately place said ballot/s in the ballot box compartment for
spoiled ballots. The voter shall then be required to leave. Such fact shall
be recorded in Part C of the Minutes.

(g) The Chairperson shall detach the ballot coupon/s in the presence of the
voter and deposit the folded ballot/s in the ballot box compartment for valid
ballots and the detachable coupon/s in the compartment for spoiled ballots.
The voter shall then leave the polling place.

The EB shall ensure that the EDCVL is properly accomplished. Failure to do the same
shall be a ground for the filing of an administrative case against the erring EB members.

SEC. 44O. Challenge against illegal voterc. - 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 existing disqualification; or (d) being a double/multiple registrants. In such
case/ the EB shall satisfy itself as to whether the ground for the challenge is true by requiring
proof of registration, identity or qualification.

No voter shall be required to present voter's identification card or any other valid
identification cards, unless the identity is in doubt or challenged. However, the failure or
inability to present an authentic identification document upon being challenged shall not
preclude the voter from voting if identlfied under oath by:

(a) Any EB member;

(b) By another registered voter of the same barangay; or
(c) Any relative by consanguinity or affinity within the 4th civil degree.
A barangay and/or SK voter can only be identified by another voter of the same
barangay. Such identification shall be recorded in Part E of the Minutes.

Any of the following authentic identification documents may be presented by the voter
when challenged or the identity is in doubt:

1. Employee's identification card (ID), with the signature of the employer

or authorized representative;
2. Postal ID;
3. PWD ID;
4. Studentt ID or library card signed by the school authority;
5. Senior Citizen's ID;

Page 178 of 239

 6. Driver's license;
7. NBI clearance;
8. Passpoft;
9. SSS/GSIS ID;
10. Unified Multi-Purpose Identification (UMID);
11. National ID (PhilSys);
12. PAG-IBIG ID;
13. Integrated Bar of the Philippine (IBP) ID;
14. License issued by the Professional Regulatory Commission (pRC);
15. Certificate of Confirmation issued by the National Commission on Indigenous
Peoples (NCIP) in case of members of ICCs or IPs;
16. Any other government-issued ID; and
17. Barangay Identification/Certification with photo and signature of the voter and
the Barangay Chairman or his/her authorized signatory.

SEC. 441. Challenge based on certain illegal acts. -

Any voter or watcher may
challenge any voter offering to vote on the ground that the challenged person has;

(a) Received or expected to receive, paid, offered or promised to pay,

contributed, offered or promised to contribute money or anything of value
in consideration for his vote or for the vote of another;

(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 which depends

upon the results of the election.

The challenged person shall take an oath before the EB that he has not committed any
of the acts alleged in the challenge. Upon the taking of 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.

SEC,442. Reard of challenges, oaths and resolutions. - The Poll Clerk shall
record in Part E of the Minutes, all challenges and oaths taken in connection therewith and
the EB resolution in each case. Copies of the challenges, oaths and resolutions shall be
attached to the copy of the Minutes. Upon the termination of the voting, the Poll Clerk shall
certify that the Minutes contain all challenges, oaths and resolutions made.

SEC. 443. Disposition of unused ballots at end of voting hours, The -

Chairperson shall count while the Poll CIerk shall record in Part A of the Minutes the quantity
of unused ballots, if any, and their SNs. Thereafter, he shall, in the presence of other EB
members and watchers, if any, tear the unused ballots lengthwise in half without removing
the stubs and detachable coupon.

The first half of the torn ballots shall be placed in the "Envelope for Other Half of Torn
Unused Ballots" which envelope shall be sealed with the paper seal to be submitted to the EO
for safekeeping. It shall remain sealed unless the Commission orders otherwise. The second
half of the torn ballots shall be placed in the "Envelope for Excess/Half of Torn Unused Ballots"
which shall be sealed and then deposited inside the compartment of the ballot box for spoiled
ballots. Such fact shall be entered in Part C of the Minutes.
SEC, 444. Prohibition against premature announcement of voting. -
Before
the termination of the voting, no EB members shall make any announcement as to whether a
ceftain registered voter has already voted, 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 make any statement at any time, except as a witness before a court or body.

Page 1.79 of 239

 CHAPTER IV
COUNTING OF VOTES

SEC. 445, Counting of votes to be public and without interruption. - The EB

shall publicly count in the polling place; the votes cast and tally the results.

They may re-arrange the physical set-up ofthe polling place for counting and perform
any other activity to accomplish an orderly counting. At all times, the ballot box and all election
documents and paraphernalia shall be within close view of the watchers and the public.

They shall not adjourn or postpone or delay the count until it has been fully completed
unless ordered otheruvise by the Commission.

Any violation of this Section, or its pertinent portion, shall constitute an election offense
and shall be penalized in accordance with Section 262 of BP 819.881, as amended.

SEC. 446. Transfer of counting of votes. -In the interest of free, orderly, and
honest elections, the Commission through the EO may authorize the EB to count the votes
and accomplish the ERs and other forms in any other place within a public building in the
same municipality or city on account of imminent danger of widespread violence, terrorism,
disorder or similar causes of comparable magnitude; Provided, That the transfer shall have
been recommended in writing by unanimous vote of the EB and endorsed by majority of
watchers present: Provided, further, that the said public building shall not be located within
the perimeter of or inside a military or police camp, reservation, headquarters, detachment or
field office nor within the premises of a prison or detention compound of any law enforcement
or investigation agency. Any transfer of the venue for the counting of votes shall be duly
recorded in the Minutes.

SEC.447, Pdiminaries to the @unting of votes. - The following activities shall

be undertaken by the EB before counting the ballots cast:

For votes cast in the clustered precinct:

(a) Unlock the padloc( open the ballot box and take out the ballots from the
compartment for valid ballots;

(b) Segregate the ballots cast for barangay elections from those cast for the SK
elections;

(c) Examine the ballots to determine whether there are:

1. Excess ballots - The EB shall, without unfolding the ballots or

exposing their contents, count the number of ballots in the
compartment for valid ballots, and compare the number of ballots
inside the ballot box with the number of voters who actually voted
as reflected in the EDCVL.

1.1. If there are more ballots than there are voters who actually
voted, all the ballots shall be returned to the compartment
for valid ballots and thoroughly mixed therein. The Poll Clerk,
without seeing the ballots and with the Poll Clerk's back to
the ballot box, shall publicly draw out as many ballots as may
be equal to the excess and, without unfolding them, write at
the back of the ballot the word "excess ballot" place them in
the Envelope for Excess Ballots;

1.2. If in the course of the examination, ballots are found folded

together before they were deposited inside the ballot box,
they shall be considered excess ballots and placed in the
corresponding envelope.

Page 180 of 239

 2 Ballots with detachable coupons - In case a ballot with an
undetached coupon is found in the ballot box, the coupon shall be
removed and deposited in the compaftment for spoiled ballob.
The ballot shall be included in the pile of valid ballots.

3 Ballots with the word "spoiled" - If a ballot with the word ..spoiled,,
is found in the compaftment for valid ballots, it shall be placed in
the compartment for spoiled ballots.

4 -
Marked ballots The EB shall then unfold the ballots and
determine whether there are any marked ballots. If any should
be found, they shall be placed in the corresponding envelope.

Excess, spoiled and marked ballots shall not be read during

the counting of votes. The envelope containing the excess and
marked ballots shall be signed and sealed by the EB members and
deposited in the compartment for valid ballots.

(d) After completion of the preliminary activities, SK ballots shall be placed inside
the ballot box, lock with one (1) padlock, then proceed to count the ballots cast
for the barangay elections. After the ballots have been counted, EB shall
proceed to count the SK ballots.

SEC. 448, Ballob deposited in the compa,tment for spoiled ballots. -

Ballots
deposited in the compartment for spoiled ballots shall be presumed to be spoiled, whether or
not they contain such notation; but if the EB should find that during the voting, any valid ballot
was erroneously deposited in this compartment, the EB shall open said compartment after the
voting and before the counting of votes for the sole purpose of drawing out the ballot
erroneously deposited therein. The valid ballot so withdrawn shall be mixed with other valid
ballots. Such fact shall be recorded in Part C of the Minutes.
SEC. 449, Manner of counting of vohs. -
The EB shall unfold the ballots and
form separate piles of one hundred (100) ballots each, which shall be held together with
rubber band. The Chairperson shall take the ballots of the first pile one by one and read the
names of the candidates voted for.

In reading the ballots during the counting, the Chairperson, the Poll Clerk and the Third
lvlember shall assume such positions as to provide the watchers and the public as may be
conveniently accommodated in the polling place, an unimpeded view of the ballot being read
by the Chairperson, oF the ER and the tally board being simultaneously accomplished by the,
Poll Clerk and the Third Member respectively, wlthout touching any of these election
documents. The table shall be cleared of all unnecessary writing paraphernalia. Any violation
of this requirement shall constitute an election offense punishable under Sections262 and 264
of BP Blg. 881.

The Poll Clerk and Third Member shall record each vote on the ERs and tally board
respectively as the name of the candidate voted for is read. Each vote for a candidate shall
be recorded by a vertical line, except every fifth vote for the same candidate, which shall be
recorded by a diagonal line crossing the previous four vertical lines.

The same procedure shall be followed with the succeeding piles of ballots.

After all the ballots have been read, the EB shall record in words and figures, the total
votes obtained by each candidate both in the ERs and in the tally board. The counted ballots
shall be placed in an envelope provided for the purpose, which shall be sealed, signed and
deposited in the compartment for valid ballots. The tally board as accomplished and cetified
by the EB shall not be changed or destroyed, instead, it shall be deposited in the compartment
for valid ballots.

After completion of the counting of the votes cast for the barangay elections, the EB
shall announce the result of the elections of barangay officials in the precinct, then proceed

Page 181 of 239

to unlock the padlock, open the ballot box, take out the ballots for the SK elections, place the
'barangay
iccomplished ERs and barangay tally board inside the ballot box, lock the same,
and prbceed with thi counting of the votes cast for the SK elections, announcement of results
and safekeeping of ERs and tally board, using the same procedure above stated.

After the counting of the votes, in no case shall the Electoral Boards (EBs) conduct a
revision and recount of the ballots.

sEc.45O. Appreciation of ballob. -In the appreciation of the ballots, every ballot
shall be presumed valid unless there is clear and good reason to justifo its rejection.

Any question on the appreciation of ballots shall be decided by a majority of the EB members.

No watcher, candidate, or any other person inside the polling place shall be allowed to
participate in the appreciation of ballots, except that any watcher may file a protest which
shall be recorded in the Minutes.

The EB shall observe the following rules for the appreciation of ballots as provided for
In Section 211 of BP Blg. 881, bearing in mind that the objective of the election is to obtain
the expression of the voters' will:
"(a) Where only the first name or surname of a candidate is written, the vote
for such candidate is valid, if there is no other candidate with the same first
name or surname for the same office;

(b) Where only the first name of a candidate is written on the ballot whlch
when read has a sound similar to the surname of another candidatg the
vote shall be counted in favor of the candidate with such surname. If there
are two (2) or more candidates with the same full name, first name or
surname and one of them is the incumbent and on the ballot is written
only such full name, first name or surnamel the vote shall be counted in
favor of the incumbent;

(c) In case the candidate is a woman who uses her maiden or married surname
or both and there is another candidate with the same surname, a ballot
bearing only such surname shall be counted in favor of the candidate who
is an incumbent;

(d) When two (2) or more words are wriffen on the same line on the ballot, all
of which are the surnames of two (2) or more candidates, the same shall
not be counted for any of them unless one is a surname of an incumbent
who has served for at least one (1) year, in which case it shall be counted
in favor of the latter;
When two (2) or more words are written on different lines on the ballot, al/
of which are surnames of two (2) or more candidates bearing the same
surname for an office for which the law authorizes the electlon of more
than one and there are the same number of such surnames wriffen as there
are candidates with that surnamq the vote shall be counted in favor of all
the candidates bearing the surname;

(e) When on the ballot is written a single word, whlch is the first name of a
candidate and which is at the same time the surname of his opponent, the
vote shall be counted in favor of the latter;

(f) When two (2) words are written on the ballot, one of which is the first name
ofa candidate and the other is the surname of his opponent, the vote shall
not be counted for either one;

(g) A name or surname incorredly written which, when read, has a sound
similar to the name or surname of a candidate when correctly written shall
be counted in favor of such candidate;

Page 182 of 239

(h) When a name of a candidate appearc in a space of the ballot for an office
for which he is a candidate and ln another space for which he is not a
candidate, it shall be counted in his favor for the office for which he is a
candidate and the vote for the office for which he is not a candidate shall
be considered as stray, except when it is used as a means to identify the
voter, in which case, the whole ballot shall be void;

(i) When in a space in the ballot there appears a name of a candidate that is
erased and another clearly written, the vote is valid for the latter;

(j) The erroneous initial of the first name which accompanies the cored
surname ofa candidate, the erroneous initial ofthe surname accompanying
the correct first name ofa candidatq or the erroneous middle initial ofthe
candidate shall not annul the vote in favor of the latter;

(k) The fad that there exists another person who is not a candidate with the
first name or surname of a candidate shall not prevent the adjudication of
the vote of the latter;

(l) Ballots which contain prefixes such as "Sir'i "Mr.'i "Datu'i "Don'i "Ginoo'i
"Hon.'i "Gob". Or suffixes like "HUo'i 'lr.'i "Segundo'i are valid;

(m)The use of nicknames and appellations of affedion and friendship, if

accompanied by the first name or surname ofthe candidate, does not annul
such vote, except when they were used as a means to identil'y the voter,
in which case the whole ballot is invalid. ProvideQ That if the nickname
used is unaccompanied by the name or surname of a candidate and it is
the one by which he is generally or popularly known in the locality, the
name shall be counted in favor of the said candidate for the same ofllce
with the same nickname;
(n) Any vote containing initials only or which is illegible, or which does not
sufficiently identifu the candidate for whom it is intended shall be
considered as a stray vote but shall not invalidate the whole ballot;

(o) If on the ballot is corredly written the first name of a candidate but with a
different surname, or the surname of the candidate is coffedly written but
with a different first name, the vote shall not be counted in favor of any
candidate having such first name and/or surnamg but the ballot shall be
considered valid for other candidates;

(p) Any ballot written with crayon, lead pencil, or ink, wholly or in paft, shall
be valid;

(q) Where there are two (2) or more candidates voted for in an ofllce for which
the law authorizes the eledion of only one, the vote shall not be counted
in favor of any of them, but this shall not affed the valldity of the other
votes therein;

(r) If the candidates voted for exceed the number of those to be eleded, the
ballot is valid, but the votes shall be counted only in favor ofthe candidates
whose names were firstly written by the voter within the spaces provided
for said office in the ballot until the authorized number is covered;

(s) Any vote in favor ofa percon who has not filed a certificate of candidacy or
in favor of a candidate for an office for which he did not present himself
shall be considered as a stray vote, but it shall not invalidate the whole
ba//ot;

Page 183 of 239

 (t) A ballot containing the name ofa candidate printed and pasted on a blank
space of the ballot or affixed thereto through any mechanical process is
totally nu// and void;

(u) Circleg crosses, or lines put on the spaces on which the voter has not voted
shall be considered as signs to indicate his desistance from voting and shall
not invalidate the ballot;

(v) Unless it should clearly appear that they have been deliberately put by the
voter to serve as identification markg commag doB, lines, or hyphens
between the first name and surname of a candidate, or in other parts of
the ballot, traces of the letter "T'i 'i'i and other similar ones, the first
letters or syllables of names which the voter does not continue, the use of
two (2) or more kinds of writing and unintentional or accidental flourishes,
strokes, or straing shall not invalidate the ballot;

(w)Any ballot which clearly appears to have been filled by two (2) distinct
persons before it was deposited in the ballot box during the voting is totally
null and void;

(x) Any vote cast in favor of a candidate who has been disqualified by final
judgment shall be considered as stray and shall not be counted but it shall
not invalidate the ballot;

(y) Balots wholly written in Arabic in localities where it is of general use are
valid. To read them, the board of election tellerc may employ an interpreter
who shall take an oath that he/she shall read the votes correctly;

(z) The accidental tearing or perforation ofa ballot does not annul it; and

(aa) Failure to remove the detachable coupon from a ballot does not annul
such ballot.

CHAPTER V
EMERGENCY ACCESSIBLE POTLING PLACE (EAPP) FOR
PERSONS WITH DISABILITIES, SENIOR CITI,ZENS AND
HEAVITY PREGNANT VOTERS

SEC. 451, General Principles - In accordance With Republic Ad No. 7277, as

amended, and Republic Act No. 10366, the Commission shall be guided by the following
principles in implementing the EAPP:

a. The Commission shall ensure that the voting procedures in the EAPP, including the
facilities and materials therein are appropriate, accessible and easy to understand
and use, and that reasonable accommodation shall be granted to persons with
disabilities, senior citizens and heavily pregnant voters in order that they may fully
exercise their right of suffrage;

b. The right to ballot secrecy of persons with disabilities, senior citizens and heavily
pregnant voters, as provided by law, shall be respected at all times;

c. The right of persons with disabilities and senior citizens to be assisted by a person
of their own choice shall be enforced and protected;

d. The consent of persons with disabilities, senior citizens or heavily pregnant voters
during the registration perlod prior to election day is not required for the purpose
of availing the privilege of voting in the EAPP; and

Page 184 of 239

 e. The role of non-partisan groups/organizations of persons with disabilitles and senior
citizens, other concerned government agencies, and civil society organizations in
implementing these guidelines is indispensable.

SEC. 452, Scope. -Ihe EAPP shall apply to the following:

a. Voters - The following voters MAY avail ofthe EAPP/S-EAPP:

1. PWD and SC voters who did not avail of APP. For this purpose, PWD and SC
voters, who manifested their intent to vote in EAPP shall be allowed to vote
in the EAPP/S-EAPP;

2. PWD voters who failed to update their registration records during the
continuing registration of voters;

3. Voters who become disabled, temporarily or permanently, after the continuing

registration of voters ended; and

4. Heavily pregnant voters.

b. Voting Centers - These guidelines shall apply to all districts, cities and
municipalities pre-determined by the Vulnerable Sectors Office (VSO) using:

1. The floors of multi-storey voting centers as polling places; and

2. Single-storey voting centers situated in elevated or downward planes, in

such a manner that voting therein poses harm and/or unnecessary
inconvenience to PWD, SC and heavily pregnant voters.

CHAPTER Vt
EMERGENCY ACCESSTBLE POTLING PLACE (EApp)

SEC. 453. Types of EAPP and their Establishmertr, - EAPPS are classified into
the following:
a. EAPP - shall refer to an EAPP which is established, as far as practicable, in one
(1) of the [class] rooms at the first or ground floor of all covered voting centers,
regardless of whether an APP has been established therein or not. Otherwise,
a makeshift/temporary polling place shall be built inside or in close proximity
to the voting center, which shall be strategically located near its entrance and
health desk, if any; and

b. S-EAPP - shall refer to an EAPP temporarily established in a building used as

a home or residence of PWDS and/or SCs, including rehabilitation centers and
sheltered workshops were said PWDs and/or SCs are living or outside thereof
but in close proximity thereto, whether administered by the government or a
private institution.

SEC.454. Number of EAPP9 to be established. - In the establishment of EAPP in

a voting center, the following shall be observed:

NO, OF BARANGAYS NO. OF EAPPS

Page 185 of 239

 1to7 1

8to14 2

15 and above 3

SEC.455. EAPP minimum requirement - All EAPPS must have an ample space
capable of accommodating AT LEAST TEN (10) PWD, SC and/or heavily pregnant voters,
including wheelchair-users and assistors, at any given time.

9EC,456. AccessibiliU features, - Accessibility shall be put in place in the

EAPP by
implementing the minimum standards of Safas Pambansa Bilang34422, which includes but are
not limited to the following:

a Ramps;

b. Large print signages and directional signs at the entrance of the voting center
leading to the EAPP;

c. Accessible washroom; and

d. Filipino Sign Language Interpreter (FSLI), as far as practicable. not, If

reasonable accommodation may be implemented by providing pens and papers,
through which the deaf and hard of hearing voters may communicate.

SEC. 457. Exercise of choice. - A PWD, SC or heavily pregnant voter may opt to
vote in the EAPP or in the polling place where his/her precinct is assigned. To assist a voter
in making a choice, the EAPP/S-EAPP SS shall explain, in clear and understandable terms, the
procedures that will be followed in the EAPP/S-EAPP.

SEC. 458, S-EAPP for the October 34 2023 BSKE. - S-EAPP for the October 30,
2023 BSKE are the following, unless otherwise provided for by the Commission:

1. Hospicio de San Jose, Manila,5th DistricU

2. Tahanang Walang Hagdanan, Inc., Cainta, Rizal; and
3. National Vocational Rehabilitation Center (NVRC), Quezon City, 3rd District.
Establishment of S-EAPP for future electoral exercises shall comply with the provision
of Sections L5323 t L5424 and 1552s of Batas Pambansa Bilang 88126, as implemented by the
Commission through an appropriate resolution.

,AN AL-I TO ENIIANCE Tl{E MOBILITY OF DISABLED PERSONS BY REQUIR]NG CERTAIN BUII,DINGS, INSIITUTIONS,
ESTABLISHMENTS AND PUBLIC UTILI'IIESTO INSTALL FACILITIES AND O]'}IER DEVICES
,Section 153. Designation of poling places. ' The lo{ation of polting places designal.'d in the pre(eding regular ele(tion shau continue (ith srr(h
chanBes as the Comission may find necessary, aftcr notice to registered political partics and candidates in the political unit aff{ted, if any, and
hearing: Provided,'lhat no lo.ation shall be.hanged within forty-five days beforc a reSular election and thirty days b.fore a spsial ele.tion or.
referendum or plebisdte, except in case it is destroyed or it cannot be used.
,rsection 154. Requirements for poling places. - Ea.h polling place shalt be, as far as practicablq a ground floor and shall be of suJficient size to
admit .nd conJortably a(comodate forty voters at one time outside the 81rard rail fo. the bo d of election irlspecto.s. thd polling place shal b.
l(ated Bithin the territory of the precinct s ccntrallv 6 pGsible (,ith respcd to the residence of the voters therein and hhenever possible, su(h
Iocationshallbc along a public road. No designation ofpolling places shall bechanBed except upon written petition ofthe maioritv of the voters of
the predn(t or agre.ment of aI the political parties or bv resotution of lhe Commission upon prior noti.e and hearing.
A public building havmg the requt€ments Fresnibed in the precedrn8 paragraph shall be prereEed as potling place.
,$$tion 155. Building that shall nor be used a! polling places. - No polling pla(e shall be located in a public or privatc building oMed, leased, or
e.upied bv any candidate or of any person !a,ho is related to any candidate within the fourtr civil degree of€onsanguinilv or affinity, or an), officer
or the Sovemment or leader of any political party, 8.oup or fa.tior! nor in my building oi suromding premises under t}le actuai control of a
private entrty, politicat party or religioE o.ganization In pla(es where no suitable Fublic building is available, privat! sch@l buildings my be
used as polling places. No polling pla.eshall be lo.ated within ihe perimeter of or insidc a rnjlitary orpolicecamF orrescrvatior orsithin a pris.n

}OMNIBUS EI-EC-IION CODE OT'I'IIE I'I IILIH'INIS

Page 1.86 of 239

 Approval of such requests shall fall within the authority of the Executive Director unless
othenarise ordered by the Commission En Banc.

SEC.459. FirctCome, firstse e basis. -Votng in EApp and S-EApp shall be based
on a first come and first serve basis. All voters availing thereof shall be treated equally and
shall vote in the order of their arrival.

SEC. 460. Voting houts - On election day, voting in EApp shall be from 7:00 A.M.
to 1:00 PM, while voting in s-EAPPs shall be from 7:00 A.M. to 12:00 pM, unless otherwise
fixed by the Commission.

The last hour of voting shall not apply when there are pWD, SC and heavily pregnant
voters present within thirty (30) meters from the s-EApp, who have not yet cast their votes,
in whlch case the voting shall continue but only to allow said voters to cast their votes without
interruption. one of the S-EAPP ss shall, without delay, prepare a complete list containing the
names of said voters consecutively numbered, and the voters so listed shall be called to vote
by announcing each name audibly repeatedly three (3) times in the order in which they are
listed or by showing the names to Deaf or Hard of Hearing voters or through any other
applicable methods. Any voter in the list who is not present when his/her name is called out
shall not be permitted to vote. The foregoing notwithstanding, the S-EAPP SS shall make sure
that voting in the S-EAPP shall be finished at least two (2) hours before 7:00 P.M or two (2)
hours before the closing time set forth by the Commission En Banc.

SEC. 461. Ea y Distribution of Authorization Forms, - To avoid delay and long

waiting time in S-EAPP, Authorization Forms may be distributed a day before the elections to
PWD and SC voters assigned or expected to vote therein.

SEC. 462. Waiting anea. - A waiting area capable of accommodating AT

TEAST TEN (10) PWD, SC and heavily pregnant voters, including wheelchair-users and their
assistors, simultaneously, shall be established where voters who are waiting for their turn to
vote in the EAPP and S-EAPP can stay.

The waiting area shall be put up near or in close proximity to the EAPP and S-EAPP.

Persons assistlng PWD, SC and heavily pregnant voters may occupy the waiting area,
provided that priority shall be given to the assisted voters.

SEC.463, Assistor. - A PWD or SC voter may be assisted in the accomplishment of

ballot by a third party, if such fact is indicated in the EDCVL.

However, in cases where the PWD or SC voter cannot manifestly accomplish the ballot,
he/she may be assisted by the following, in the order provided:

a. A relative by consanguinity or affinity within the 4th civil degree;

b. 8y any person of their confidence who belongs to the same household (e.9.,
personal caregiver and nurse); or

c By EAPP/S-EAPP SS,

The EAPP/S-EAPP SS shall be allowed to assist more than three (3) voters availing of
the EAPP and S-EAPP. All assistors must be of voting age.

The fact that a PWD, SC or heavily pregnant voter availing of the EAPP had been
assisted in the preparation of the ballot and the name of the assistor shall be indicated in the
Authorization Form.

SEC. 464. Other assistance. - In voting centers where there are PWD voters, who
are registered with visual, hearing or speech impairment, the Commission shall endeavor to

Page 187 of 239

provide FSLI5 or lists of candidates in audio-visual presentation and/or transcribed in Braille,
and in large print. If there are no available FSUs, a reasonable accommodation such as a pen
and paper shall be provided as a means to communicate with the Deaf and Hard of Hearing
voters.

The Commission shall accord due consideration on the number of voters registered as
PWD with the aforesaid impairments.

The final list of voting centers where FSLIs and lists of candidates in audio-visual
presentation and/or transcribed in Braille shall be finalized and submitted by the Vulnerable
Sectors Office (VSO), together with its corresponding budgetary requirement to the E
Bancfot approval.

SEC, 455. Number of EAPP SS to be appointed. - In the appointment of EAPP

SS, the following rules shall be observed:

NO. OF SETS OF EAPP SS

NO, OF CLUSTERED NCR AND OTHER NON-

PRECINCTS IN A ANTIPOLO CITY, NCR AREAS 1 -
VOTING CENTER RIZAL-lSETIS SET IS
COMPOSED OF 4 COMPOSED OF 3
ss ss
1to10 1 (4 ss) 1 (3 ss)

10 to 20 2 (8 ss) 2 (6 ss)

21 to 30 3 (12 ss) 3 (e ss)

31 to 40 4 (16 ss) 4 (12 ss)

41 to 50 s (20 ss) s (ls ss)

51 and above 6 (24 ss) 6 (18 ss)

SEC, 466. S-EAPP Support Staff (S-EAPP 55J, - The Commission, through the
EO/AEO, shall appoint the following sets of SS for S-EAPPs enumerated in Section 458 hereof:

S-EAPP Address No. of Support Staff

Hospicio de San Jose, Manila, 5th District; 3

Tahanang Walang Cainta, Rizal 2

Hagdanan, Inc

National Vocational Quezon City, 3rd District. 4

Rehabilitation Center
(NVRC)

Page 188 of 239

 SEC. 467. Qualifications of EAPP/S-EAPP SS.- The EAPP and S-EAPP SS
mentioned in the preceding Sections shall have the same qualifications of an SS under Section
144 hereof.

In addition, the SS must have undergone a Disability Awareness and Sensitivity

Training.

SEC. 468. Preturence in the appointment of EAPP/S-EAPP 5.', - In the

appointment of EAPP/S-EAPP SS, preference shall be given to Special Education (SPED)
teachers or those who are knowledgeable in sign language to address communicatlon barrier.
In all cases, writing materials shall be provided in the EAPP and S-E-APP to ensure availability
of means of communication through writing.

SEC. 459. Remuneration and other benefib, - fhe EAPP and S-EAPP SS shall be
entitled to the same remuneration and other benefits of an SS under Section 148 hereof.

470, Disability awareness and sensitivity training. - The Commission shall

SEC.
ensure that the EAPP and S-EAPP SS shall undergo a Disability Awareness and Sensitivity
Training and be provided with manuals/audio video presentations relative thereto. Such
manuals shall likewise be made available in the EAPP and S-EAPP on election day.

SEC, 471. EAPP Election Day Computerized Voter's List (EDCVL). -1o facilitale
the identification of PWD voters falling under, Section 452 (a) (1) hereof and SC voters, who
may possibly avail of the EAPP; the precinct/polling place where they belong and where the
ballot shall be obtained and returned, the EAPP shall be provided with a separate EDCVL of all
registered PWD and SC voters assigned in the voting center where it will be established,
including those assigned in the APPS.

Up to one hundred (100) blank spaces shall be provided in the EDCVL to accommodate
voters falling in Section a52 @) (2) (3) and (4) hereof.

The Information Technology Department (ITD) shall provide such EDCVL to the EAPP.

SEC.472, S-EAPPI EDVCL - The S-EAPPs shall be provided

with a separate EDCVL
of all voters assigned thereat. For this purpose, the concerned EOs/AEOs shall provide the list
of voters assigned in S-EAPPs to the VSO for submission to the ITD.

9EC,473, Percons Allowed fnside the EAPP and S'EAPP. -The following shall
be allowed inside the EAPP and S-EAPP:

a EAPP/S-EAPP SS;

b Watchers who shall stay only in the space reserved for them;

c Representatives of the Commission;

d PWD, SC and heavily pregnant voters casting their votes;

PWD, SC and heavily pregnant voters waiting for their turn to cast their votes;
and

f Other persons who may be specifically authorized by the Commisslon.

CHAPTER VII
VOTING AND CLOSING PROCEDURES

Page 189 of 239

 SEC. 474. Voting Procedures in the EAPP, - The following voting procedures shall
be observed in the EAPP:

A. The EAPP SS shal|:

1. Explain to the voter/s the procedures and effect of voting in the EAPP; and

2. Ensure that the provision of Minimum Health and Safety Protocol shall be
strictly followed in the EAPP.

B. The EAPP SS tasked to obtain the ballot/s from the polling place/s shall:
I . Upon arrival of the PWD, SC or heavily pregnant voter, inspect his/her fingernail
for any ink stain. If there be none, explain the option available to him/her in
accordance with Section 457 hereof.

2. If th'e voter chooses to vote in the EAPP, look for his/her name, photo and
preclnct number in the EDCVL, if applicable.

In case of doubt in the identity of the voter, the EAPP SS shall require the
presentation of an ID card or any document for identification purposes. If no
ID card or any other document is presented, the voter may be identified under
oath by an EAPP SS or a registered voter belonging to the same precinct as the
voter availing ofthe EAPP. Such identification shall be recorded in the log book
of the EAPP.

For a voter with non-manifest disability who are not included in the
EDCVI- the EAPP SS shall require the presentation of a National PWD
ID card or any other document as proof of such disability.

Any registered voter belonging to the same precinct as the voter identified shall
be allowed to identify onlv uo to three (3) voters availinc of the EAPP;

3. After establishing the voter's identity, instruct him/her to fill-out the

Authorization Form.

4. Proceed to the polling place where the voter's precinct is assigned to obtain the
ballot.

The EAPP SS may opt to wait until a minimum of ten (1O) voters have
availed themselves of the EAPP before obtaining the ballots.
Provided, however, that no voter shall be made to wait for an
unreasonably long time, Provided further, that the EAPP shall not be
left without any EAPP SS managing it at any given time.

5. Upon reaching the polling place, turn over the Authorization Form and the ID
card or any other document presented for identification purposes, if any, to the
EB Chairperson assigned in the polling place.

C. The EB Chairperson shall:

1. Upon receipt ofthe Authorization Form and the ID card or any other document
presented for identification purposes, if any check the name, signature and
photo of the voter in the EDCVL.

Page 1.90 of 239

 The EB Chairperson shall prioritize all ballot requests of the EAPP SS over
regular voters in the polling place except in cases where the request comes
from a PWD, SC or heavily pregnant voter, who opt to vote in the latter.

2. After the voter's' identity has been validated, note in the Minutes of Voting
(Minutes) his/her name, the ID card or any other document presented for
identification purposes/ if any, precinct number and the serial number of the
ballot given to the EAPP SS. The Authorization Form shall be attached to the
Minutes.

3. Insert the ballot in the envelope provided by the EAPP SS and write at the back
of the envelope the precinct number of the voter for whom the ballot is
obtained, the time the ballot was obtained from the polling place and the
number of the ballots obtained. The same envelope may be used for
subsequent procurement of ballots provided the same procedures shall be
followed.

4. If the ballot cannot be issued for whatever reason, the EB Chairperson shall
authorize the Third Member or Poll Clerk to go to the EAPP and explain to the
voter the reason for non-issuance of the ballot. This fact shall be recorded in
the Minutes of the polling place and log book of the EAPP.

D, The EAPP SS who remained in the EAPP shall:

1. Upon receipt of the envelope from the EAPP SS who obtained the ballots: a.)
inspect the envelope before extracting the ballots therefrom; b.) inspect the
ballots to ensure that they have not been filled-out, marked, mutilated or
otherwise rendered unusable; and c.) enter in the log book the conditions of
the envelope and ballots;

2. If the ballots have already been filled-out,

have marks, have been mutilated or
otherwise rendered unusable, direct the EAPP SS who obtained the ballots to
return them to the polling places where they were obtained, otherwise the
ballots shall be given to the voters, who may accomplish the same with or
without assistors.
The returned ballots shall be considered spoiled ballots and such fact shall
be indicated in the Minutes of the polling place. Thereafter the EB Chairperson
shall issue new ballots in place of the latter in accordance with letter C hereof.
The circumstances attendant to the issuance of new ballots shall also be
recorded in the log book of the EAPP;

3. After accomplishing the ballots, insert them in the envelope. One EAPP SS shall
be assigned to ensure the security and sanctity of the accomplished ballots;

4. Instruct the voter to sign the EDCVL and impress his/her thumbprint therein.
Apply indelible ink to the voter's right forefinger nail or any other nail if there
be no forefinger nail, or in any other suitable part of the voter's body if there
are no fingernails; and

5. Request the voter to leave the EAPP.

SEC. 475. Voting Procedures in the S-EAPP. - The following procedures shall be
observed in the S-EAPP:

Page 191of 239

 A. The S-EAPP SS shall:

1. Explain to the voters the procedures and effect of voting in the S-EAPP;

2. Ensure that the provision of Section 474hereof shall be strictly followed in the
S-EAPP;

3. Require the voters to fill-out Authorization Forms unless the voters already did
pursuant to Section 487 hereof;

4. Go to the concerned polling place/s to obtaln the ballot/s;

5. Submit the Authorization Forms to the EB Chairperson of the polling place/s

where the ballots are obtained and the envelope/s where the ballots will be
placed; and

6. Return to the S-EAPP.

B. The EB Chairperson shall observe the same procedures in Section 474 (C) hereof.

C. The S-EAPP SS who remained in the S-EAPP shall observe the same procedures in
Section 474 (D) hereof.

SEC. 476. Prucedurcs beforc closing of EAPP and S-EAPP, - Before closing, the
EAPP and S-EAPP SS shall accomplish the Template for Voters'Turn-Out (Annex "FF").

Copies of Annex "FF" and the log book shall be turned-over to the concerned EO/AEO
who shall in turn submit them to the Commission, through the VSO.

The turn-over of Annex "FF" and log book to the EO/AEO shall be a pre-requisite for
the payment of the remuneration due them as stated in Section 469hereof.

SEC. 477. Prucedurcs after closing of EAPP/S-EAPP, - the exact time of the
closing of the EAPP/S-EAPP and the turn-over of the ballots to the EB Chairpersons shall be
entered in the log book, and thereafter the EAPP/S-EAPP SS shall affix their signatures thereto.

Once the EAPP/S-EAPP are closed, the EAPP/S-EAPP SS shall seal the envelopes
containing the accomplished ballots. Thereafter, the EAPP/S-EAPP SS shall deliver the securely
sealed envelopes to the EB Chairpersons who issued said ballots.

The EB Chairperson shall then inspect the conditions of the envelopes and ballots,
compare the number of ballots received with the number of Authorization Forms previously
submitted to them and record in the Minutes the conditions of the envelopes, and ballots and
discrepancies in the number of the ballots as against the number of Authorization Forms
recorded in the Minutes, lf any. The time of the receipt of the envelopes and ballots from the
EAPP/S-EAPP SS shall likewise be entered in the Minutes.

SEC. 478. Early close of voting in 9-EAPP, - In case all the voters expected to
vote in the S-EAPP have already cast their votes before the period provided in Section 459
hereof, the S-EAPP SS, by unanimous agreement, may declare early close of voting therein by
observing the procedures provided for in Sections 476and 477 hereof.

SEC. 479, Memorandum of Undemtanding (MOU) with other concerned

agencies - The VSO may enter into an MOU with non-partisan groups/organizations of PWDS
and SCs and other concerned government agencies to ensure the effective implementation of
thE EAPP.

Page L92 of 239

 SEC. 480, EAPP data repositoty, - The VSO shall be primarily in charge of the
safekeeping and custody of all data, reports and any other documents relative to the
implementation of the EAPP, submitted or gathered from the field offtces with the assistance
of EBAD and other concerned departments whenever practical and necessary.

SEC.481. Post election assessment and submission of final report to the En

Banc - fo determine the result of the implementation of the EAPP, the VSO shall conduct
post-election assessment immediately after elections.

A Post Assessment Repoft shall be submitted to the En Eancby the VSO one (1) month
after the conduct thereof. Such Report shall include a gender and disabllity disaggregated
data of the PWD, SC and heavily pregnant voters who availed of EAPP and S-EAPP.

SEC. 482. Forms and Supplies - The following are the forms and supplies to be
provided in the EAPP/S-EAPP:

CEF
Descraption Quantity
No.

Election Forms

At2 Paper Seals Pieces

Envelopes

Envelopes for the Official Ballots 20 Pieces

Other Forms

Temporary Appointment of DESO

A31 Pieces
EAPP/S.EAPP SS

Certificate of Challenge of Protest

A35 5 Pieces
and Decision of the EB

Oath oF Voter Challenged for Illegal

439 5 Pieces
Acts

Oath of Identification of Challenged

A40 5 Pleces
Voter

Authorization Forms 100 Pieces

EAPP Voters' Turn-Out Template 1 Piece

Supplies

Bond Paper (long) 20 Pieces

Ballot Secrecy Folder 10 Pieces

Thumbprint Taker 1 Piece

Indelible Stain Ink 5 Bottles

Page 193 of 239

 Ballpens 10 Pieces

Log book 1 Piece

CHAPTER VIII
ISOLATION POLLING PLACE

SEC. 483. Establishment of an Isolation Polling Pla@ (IPP). -

Whenever
necessary, there shall be an Isolation Polling Place (IPP) in every voting center, which shall
be set up, as far as practicable, in one of the class rooms that is in a building separate from
the other buildings of the voting center, preferably near the entrance and the health personnel
station. If no such room is available, a makeshift/temporary IPP shall be set up outside the
voting center, which shall be strategically located near its entrance.
The IPP must have an ample space capable of accommodating at least five (5) voters,
the DESO Support Staff and watchers, observing one (1) meter physical distancing at any
given time.

SEC. 484, Who may vote at the fPP. Voters who registers a temperature of 37.5
-
degrees Celsius or higher, shall cast their votes in the IPP. The DESO Support Staff assigned
to check shall escort the voter to the IPP.
-
SEC, 485, Voting Pru@durcs in the fPP. Should there be a voter who will cast
his/her vote in the IPP, the following are the procedures to be followed:
A. DESO Support Staff shall:
1. Escort the voter to the IPP and direct the latter to disinfect his/her hands
before entering the IPP;
2. Call the DESO; and
3. Return to the entrance of the voting center and continue checking the
temperature of all persons entering.
B. The DESO shall:
1. Explain to the voter/s the procedure and effect of voting in the IPP
a. Waiver of the right to vote in the assigned polling place; and
b. Waiver of the right to sign the EDCVL.
2. Inspect without touching the voter's fingernail, for any ink stain. Thereafter,
request for the voter's valid ID, if any, except community tax certificate. In
the absence of valid ID, the DESO or any registered voter voting in the IPP,
may identitr/ under oath the voter, using the form attached as Annex "GG"
If the voter is not personally known to any of the mentioned persons, the
DESO shall request the voter's permission to be photographed using the
DESO's smart phone, which photo shall be shown to the EB of the voter's
precinct for comparison with the photograph appearing in the EDCVL.

For this purpose, the voter must accomplish the IPP authorization form
with waiver of the right under B (1) of this Section. The said form is hereto
attached as Annex "HH".
3. After establishing the voter's identity, instruct him or her to fill out the
Authorization Form using hls or her own pen. Insert the Authorization Form
in the brown envelope and immediately disinfect hands.
4. Proceed to the polling place where the voter's precinct is assigned to obtain
the ballot.

Page 194 of 239

5. Upon reaching the polling place, turn over the Authorization Form to the EB
Chairperson assigned in the polling place.
6. Immediately delete the photo of the IPP voter after showing the same to
the EB Chairperson.

C, The EB shall:
1. Upon receipt of the Authorization Form, the valid ID, if any, or the
accomplished Annex "HH", and after examination of the photograph
shown by the DESO, check the name, signature and photo of the voter in
the EDCVL. If no ID was presented, and no one personally identified the
voter, the signature of the voter appearing in the authorization form shall
be used for comparison with the signature appearing on the EDCVL.
As much as possible, the EB Chairperson shall refrain from touching the
documents, and if it cannot be avoided, the EB Chairperson shall immediately
disinfect his/her hands thereafter.
2. After the votert identity has been validated, note in the Minutes of Voting
(Minutes) the voter's name, ID card, if any, or the accomplished Annex
"HH", and precinct and serial number of the ballot given to the DESO. The
Authorization Form and any other documents submitted shall be placed
inside an envelope which will be attached to the Minutes. Documents
received from the IPP shall not be comingled with other documents in the
polling place.
3. Note in the EDCVL that the voter voted in the IPP.
4. Allow the DESO to inspect the ballot, without touching the same, to make
sure that it is not filled up, or otherwise marked.
5. Insert the ballot in an envelope and write at the back of the envelope the
precinct number from which the ballot was obtained, as well as the time
the ballot was obtained.
6. If the ballot cannot be obtained for whatever reason, the EB Chairperson
shall authorize the DESO to explain to the voter the reason for the non-
issuance of the ballot. This fact shall be recorded in the Minutes of the
Polling Place and the record sheet of the IPP.
D. The DESO shall:
1. Return to the IPP upon receipt of the envelope from the EB Chairperson.
2. Have the said ballot accomplished by the IPP voter.

3. After the voter accomplished the ballot, insert the ballot in an envelope and
label the same with the precinct number where the ballot came from.
4. Without touching apply indelible ink to the voter's right forefinger nail or
any other nail if there be no forefinger nail, or any other suitable part of
the voter's body if there are no fingernails.
5. Request the voter to affix his/her signature and the time the said voter
finished voting on the log sheet.
6. Disinfect the frequently touched surfaces after voting of any IPP voter.
7. Follow all the above procedure for the succeeding IPP voters.
8. By the close of voting, turn over the IPP record sheet and all the ballots to
the EB Chairperson. The latter shall announce the receipt of the IPP ballots
and note the same in the Minutes.

Page 195 of 239

 SEC. 486. Submission of fPP rccotd sheeB, - The IPP record sheets shall be turned
over to the concerned EO/AEO.

SEC. 487. fPP Forms and Supplies. -The following forms, documents and supplies
shall be distributed:

CEF NO, FORMS AND SUPPLIES RATE OF

DISTRIBUTION
PER
CLUSTERED
PRECINCT
IPP FORMS
Authorization Forms 100 pieces
SPECIAL ENVELOPES
16 For l piece
Excess/Ma rked/Spoiled/Unused
Official Ballots
Envelopes for Ballots 20 pieces
SUPPLIES
Ballpen 5 pieces
Markinq Pen 2 pieces
Rubber Band B pieces
Packaqinq Tape (Brown) 1 piece
Bond Paper (Lonq) 30 pieces
Carbon Paper 5 pieces
Thumbprint Taker 1 piece
Ballot Secrecy Folder 10 pieces
Indelible Stain Ink l bottle
Record Sheets 5 paqes

SEC.488. Procedurc after closing of the fPP. - Theexacttimeof theclosingof theIPP

and the turn-over of the ballots to the EB Chairperson shall be entered in the record sheet.
Thereafter, the DESO shall affix their signatures thereon.

The DESO shall ensure that the turnover of the filled-up ballots to the concerned EBs of the
polling place/s be made prior to the close of the voting.

The EB Chairperson shall publicly announce the receipt of the IPP ballob, then inspect the
conditions of the envelopes and ballots, compare the number of ballots received with the
number of Authorization Forms previously submitted to them, and record in the Minutes the
conditions of the envelopes and ballots, including the discrepancies in the number of the
ballots as against the number of Authorization Forms recorded in the Minutes, if any. The time
of the receipt of the envelopes and ballots from the DESO shall likewise be entered in the
Minutes.

Before putting the ballots inside the ballot box, the EB Chalrperson shall announce such action
in the polling place. Thereafter, the Chairperson shall place said ballots inside the ballot box
in the presence of the other members of the EB, and watchers. This shall take place before
the closing of voting in the polling place.

CHAPTER DX
GUIDELINES ON PERSONS DEPRIVED OF LIBERW
(PDL)VOTING

Page 196 of 239

 SEC. 489. Coverage. - PDL voters whose reglstration records have not been not
transferred, deactivated, cancelled or deleted shall be covered by this Article.

SEC. 490. PDL voting. - PDL Voting may be availed of by a PDL voter either through
a special polling place established inside a jail facility or detention center or escorted voting in
a regular polling place.
CHAPTER X
SPECIAL POTLING PLACES INSIDE JAILS

SEC. 491. PDL - SPP, - There shall be a PDL-SPP in a jail facility or detention center
in a district, city or municipality based on the following:

Number of PDL Voters Number of PDL-SPP

50 to 100 1

101 to 200 2

201 to 300 3

301 to 400 4

401 to 500 5

In case there are more than five hundred (500) PDL voters, one (1) PDL-SPP shall be
established FOR EVERY ADDITIONAL ONE HUNDRED (10O) PDL VOTERS.

When the jail facility or detention center where a PDL-SPP is established has different
compounds, all PDL voters from all the dorms or annexes belonging to the same jail facility or
detention center may vote in the PDL-SPP.

In case of clties with several districts, the PDL voters of districts other than the district
where the jail facility or detention center is located are entitled to vote in the PDL-SPP. To
maintain order, the division of PDL voters shall be done by listing together PDL voters
belonging to the same district.

SEC. 492. Who are allowed to vote in the PDL-sPP. - Only PDL voters whose
names appear in the EDCVL-PDL and PCVL-PDL may vote in the PDL-SPP. For Barangay and
Sangguniang Kabataan Elections the registered PDL voter can cast their votes for the
respective candidates in the barangay where they are listed as registered voter.

SEC. 493. Loation of the PDL-SPP. - The PDL-SPP shall be established in an area
inside the jail facility or detention center spacious enough to accommodate more than ten
(10) PDL voters at a given time to ensure that voting therein shall be finished while there is
still sufficient time to deliver all the accomplished ballots to the different voting centers where
said ballots were collected.

The physical set-up of regular polling places shall apply to the PDL-SPP.

SEC. 494. Covid-79 preventive measures- The minimum health and safety
protocols shall be observed during the voting in the PDL-SPP, as may be required by existing
health regulations.

Page 797 of 239

 SEC. 495. PDL voter's list in the PDL-SPP. -For Barangay and Sangguniang
Kabataan Elections -
the list shall include those in the jail facility or detention center 150
days before the approved date of election.

The list of PDL voters in jail facility or detention center with male and female dorms or
annexes located in one or more compounds shall be based on the total population of PDL
voters in said jail facility or detention center.

SEC. 496, Submission of the list - The lists mentioned in the preceding section
shall be submitted to the OEO which has jurisdiction over the district, city or municipality
where the jail facility or detention center is located by the BJMP and BuCor.

The EO shall immediately verify and update the list of PDL voters in the database (by
tagging or un-tagging) based on the list mentioned in Section 495. The list together with the
database shall be submitted to the ITD through the VSO within five (5) days from receipt
thereof.

The list mentioned in Section 495 shall also be submitted to the OEO, which shall be
used as basis in the manual crossing out of names in the EDCVL and PCVL prior to election
day. The annotation "Pursuant to Section 496 of the Instructions and General Guidelines for
BSKE" shall be written on top of the crossed-out name of the PDL voter.

SEC. 497. lyon-dissolution of PDL-SPP, exemption, - If, as a result of the

submission of updated PDL Voter's List, the following rules shall be observed:

a In case there is only one PDL-SPP with 50 up to 100 PDL voters, the PDL-SPP shall
not be dissolved unless the total number of remaining PDL voters is ten (10) or
less than; and

b. In case of several PDL-SPPS, the remaining PDL voters shall be divided as equally
as possible to create new PDL-SPPs in accordance with Section 500 hereof,
provided that no PDL- SPP shall have less than fifty (50) PDL voters. However, in
case the total number of remalnlng PDL voters is 10 or less, paragraph a hereof
shall apply.

SEC. 498. Preparation of the EDCVL-PDL and PCVL-PDL.- The Information and
Technology Department (ITD) shall prepare the EDCVL-PDL and PCVL-PDL which shall contain
all the names of PDL voters who shall vote though the PDL-SPP. The names of the PDL voters
shall be submitted by the VSO based on the list submitted by the BJMP and BuCor in
accordance with Section 495 hereof duly verified by the OEO.

SEC. 499. Released PDL vobts. - PDL voters included in the EDCVL-PDL and PCVL-
PDL but released before election day shall be allowed to vote in the regular polling place where
his or her precinct is assigned.

The PDL voter shall present to the EB Chairperson his or her release order or paper on
the basis of which the EB Chairperson shall issue the ballot to him or her. Before doing so,
however, the EB Chairperson shall annotate in the EDCVL, on top of the PDL voter's name,
the date of the release order or paper and the name of the official who issued and signed the
same.

CHAPTER XI
SPECIAL ELECTORAL BOARD (SEB) FOR PDLVOTERS, SEB-PDL
SUPPORT STAFF, WATCHERS, SECURITY ESCORTS AND
MONITORING GROUPS

l']age 198 of 239

 SEC. 5OO. Appointment, constitution, composition and gualifications of sEB-
PDL members. - The Commission, through the EOs in districts, cities or municipalities where
there are PDL-SPPs, shall appoint and constitute the SEB-PDL Members in accordance with
the period.

There shall be one (1) SEB-PDL for every PDL-SPP created pursuant to Section 491
hereof. Each SEB-PDL shall be composed of a Chairperson, Poll Clerk and Third Member.

The SEB-PDL Members need not be registered voters of the district, city or municipality
where the PDL-SPP is located but must possess all the other qualifications and none of the
disqualifications for appointment as EB Members.

SEC. 501. Appointment of SEB-PDL support sbtr (SEB - PDL SS). Eledoral
Board for PDL Voters (EB-PDL) and Support Staff Per Voting Center. - The Commission on
Elections, through its EO in distrlcG/cities/municipalities where a special polling place is
established, shall constitute the EB-PDL in accordance with the period provided in the calendar
of activities for the Barangay and Sangguniang Kabataan Elections.

In addition, the election officer shall designate EB-PDL support staff for every voting
center with PDL voters. There shall be one (1) EB-PDL support staff with uniformed PNP escort
for every voting center of the city or municipality where the jail is located.

The EB-PDL and its support staff shall have the same qualifications and shall be
appointed in the same manner as the regular EB.

SEC. 5O2. Powers and functions of the SEB-PDL - The SEB-PDL shall have the
following powers and functions:

a Receive from the City or Municipal Treasurer and EO the needed election paraphernalia
and bring them to the PDL-SPP on election day;

b. Receive from the SEB-PDL SS the precinct-specific ballots (per clustered precinct)
contained in properly sealed and signed envelopes;

c. Conduct and supervise the voting in the PDL - SPP;

d. Seal and sign the envelopes containing the accomplished ballots and hand them to the
SEB-PDL SS for delivery to the regular polling places where said ballots were collected;

e Act as deputies of the Commission in the conduct of the elections in the PDL-SPP;

f. Maintain order in the PDL-SPP 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 PDL voters. If any person refuses to obey the lawful orders
of the SEB-PDL or conducts himself or herself in a disorderly manner in its presence or
within its hearing and thereby interrupts or disturbs its proceedings, the SEB-PDL may
issue an order in writing directing any security escort to take said person into custody
until the adjournment of the proceedings, but such order shall not be executed as to
prevent such person from voting. A copy ofsuch order shall be attached to the Minutes
of Voting (Minutes); and

g. Ensure that the minimum health and safety protocols are observed in the PDL-SPP and
its immediate premises.

SEC. 5O3. Functions of SEB-PDL 55. - The SEB-PDL SS shall have the following
fu nctions:

Page 199 of 239

 a Collect the ballots of the PDL voters from different voting centers where the precincts
of the PDL voters are assigned;

b. Bring the collected ballots to the PDL-SPP; and

c Return to the voting centers the accomplished ballots not later than 2:00 P.M. on
election day.

SEC. 5O4. Functions of the uniformed security escort. - Every SEB-PDL SS shall
have a uniformed security escort, who shall accompany the SEB-PDL SS:

a. From the PDL-SPP to the voting center to get the ballots;

b. From the voting center back to the PDL-SPP to deliver the ballots to the SEB-PDL; and

c. From the PDL-SPP to the voting center to deliver the accomplished ballots.

The security escort shall not enter the polling place from where the ballots shall be
taken and to which the same ballots shall be returned or any other polling place except to
vote.

In case there are no sufficient PNP escorts, BIMP or BuCor personnel shall be assigned
by the Chief of BJMP, Wardens of Provincial Jails and Director General of BuCor to augment
the PNP force in escorting the SEB-PDL SS.

SEC. 5O5. Budgetary rcquirement for the transportation of SEB-PDL SS and

security escort -The Commission, through its Finance Services Depaftment (FSD), shall
provide the necessary budget for the transportation of SEB-PDL SS and his or her uniformed
security escort to ensure the timely collection of PDL ballots and the return thereof to voting
centers after the close of voting in the PDL-SPP on election day.

The fund to be allocated for the purpose shall be released to the EOs subject to regular
auditing rules and regulations.

SEC. 506. Proceedings of the SEB-PDL - The proceedings of the SEB-PDL shall
be public and shall be held in the PDL-SPP designated by the Commission.

SEC. 5O7. Voting privilege of SEB-PDL members, -

a. For National and Local Elections, the SEB-PDL Members who are not
availing themselves of the LocalAbsentee Voting may, on election day, vote
in the polling places where they are registere4 provided that their absence
in the PDL-SPP shall not be more than thlrty (30) minutes and that they
schedule their voting in such a manner that only one SEB-PDL Member sha//
leave the polling place at any one time.

b. For Barangay and Sangguniang Kabataan Elections the SEB-PDL

members shall be allowed to vote in their respective barangays in staggered
manner provided that it will not hamper the voting process for the PDL
voters.

SEC. 508. Prohibition against political activity. - No SEB-PDL Member and SEB-
PDL SS shall engage in any partisan political activity or take part in the election whether
directly or indirectly, except to discharge hls or her duties as such.

SEC. 509. Honoraria of the SEB-PDL and iE support staff. -

a, For National and Loal Elections, except for travel allowance during Final
Testing and Sealinq (FTS) and communication allowance, the SEB-PDL Members

Page 200 of 239

 and SEB-PDL SS shall be entitled to the same remuneration and other benefits of
EB Members and Support Staff.

b, For Barangay and Sangguniang Kabataan Elections, except for travel

allowance and communication allowance, the SEB-PDL Members and SEB-PDL SS
shall be entitled to the same remuneration and other benefits of EB Members and
Support Staff.

SEC. 51O. Official watche,s of candidates, political parties and other

groups. - For the purpose of the National and Local Elections, each candidate and registered
political party or coalition of political parties duly registered with the Commission and fielding
candidates in the electlons, as well as duly accredited citizen's arm, may appoint two (2)
watchers, to serve alternately in every PDL-SPP.

The duly accredited citizen's arm of the Commission shall be entitled to appoint a
watcher in every PDL-SPP. Other civil, professional, business, service, youth, and other similar
organizations, with prior authority of the Commission, shall be entitled collectively to appoint
one (1) watcher in every PDL-SPP.

If, because of limited space, all watchers cannot be accommodated in the PDL-SPP,
preference shall be given to the watchers of the dominant majority and dominant minority
parties as determined by the Commisslon and the watcher of the citizen's arm, with the latter
being given preferential position closest to the SEB-PDL. In case there are two (2) or more
citizens'arms, the one authorized by the Commission to conduct an unofficial count shall be
given preference.

Watchers shall be subjected to all the security measures and mandatory health
protocols enforced inside the jail facility or detention center and guidelines established by the
Commission.

SEC, 511, Monitoring groups, obseruerc and media representatives. -

Monitoring groups duly accredited by the Commission shall be allowed access to the PDL-SPP
to observe the proceedings, provided, said groups present the necessary identification to the
SEB.PDL.

Accredited media representatives and foreign observers shall also be allowed access
to the PDL-SPP upon presentation of the necessary identification to the SEB-PDL.

In all instances, the above-mentioned groups must follow all the security measures
enforced within the jail facility or detention center and the guidelines established by the
Commission.

SEC. 512. Documentation and communiation devices allowed in PDL-SPP. -

Watchers, SEB-PDL Members, SEB-PDL SS, CHR representatives, accredited monitoring
groups, accredited citizent arm, and representatives of the Commission shall be allowed to
bring cameras, cellular phones and laptops inside the PDL-SPP, provided these devices are to
be used exclusively for official documentation and communication purposes.

CHAPTER XII
ELECTION FORMS AND SUPPLIES

SEC. 513. Election forms, documents and supplies. - Except when authorized to
do so earlier by the Commission, the SEB-PDL Members shall obtain the following forms,
documents and supplies early in the morning of election day:

A. FROM THE CITY/MUNICIPAL TREASURER

Page ZOt of 239

 For each jail facility or detention center:

FORMS AND RATE OF

CEF NO.
SUPPTIES DISTRIBUTION

ELECTION FORMS

A3 Poster indicating 1 Piece

Precinct Number

A5 & A5-A Appointment of I Pieces

Chairman/Poll
Cler(Member of the
BEI and Support Staff

A11 Minutes of Voting and 1 Set of

Counting 2
pieces

At2 Paper Seals 8 Pieces

forA15,A16,A16-4, 4 Pieces
and A16-8

for A 18 and A 18-A 2 Pieces

for Expandable 2 Pieces

Envelopes for Official
Ballots (from precincts
with Detainee Voters)

A14 Certificate of Receipt of 2 Pieces

Official Ballots, Other
Forms and Supplies for
SEB

Instruction to Voters 1 Piece

ENVELOPES

A15, A16, For Reiected Ballots, 4 Pieces

A16-A, A-16- Half of Torn Unused
B Official Ballots,
Other Half of Torn
Unused Ballots, and
Marked Ballots

A18 & 18-A For Minutes of Voting 1 Set of

and Counting of Votes 2
pieces

Page 2O2 of 239

 For
Barangay A4 sized envelopes for
and Official Ballots (from pieces
60,000
Sangguniang Special Polling Place
Kabataan with PDL Voters)
Elections

OTHER FORMS

A30/A31 Temporary appointment 10 Pieces

of Chairman/Poll
Clerkffhird
Member/Support Staff

Certificate of Challenge 10 Pieces

or Protest and Decision
of the Board

A39 Oath of Voter Challenge 10 Pieces

for Illegal

A40 Oath of Identification of 10 Pieces

Challenged Voter

Election Watcher's ID in 20 Pieces

Polling Place

Election Day Monitoring 1 copy

Repoft per
support
staff

SUPPLIES

Ballpen 6 Pieces

Ballot Secrecy Folder 22 Pieces

Rubber band 10 Pieces

Bond paper 30 Sheets

Packaging Tape 1 Piece

Thumbprint/Fingerprint 1 Piece
Taker

Marking Pen 2 Boxes

Indelible Stain Ink 2 Bottles

B. FROM THE ELECTION OFFICER

a. One (1) copy of the PDL Voters List mentioned in Section 542 hereof for each of
the clustered precincts with PDL voters;

Page 203 of 239

 b. Copies of Appointment and Oath of Office of the SEB-PDL Members and SEB-PDL
SS (A5 and A5-A), attached herewith as Annexes "f" and "I-1"; and

c Copy of the PCVL-PDL and EDCVL-PDL.

The SEB-PDL shall carefully check the different election forms, documents and supplies
and the quantities actually received. And after finding that everything is in order, they shall
sign a Cetificate of Receipt (A14) in three (3) copies, the original of which shall be delivered
to the City or Municipal Treasurer, who shall transmit the same to the Election Records and
Statistics Department (ERSD) of the Commission in Manila, immediately after the election day.

SEC. 514. Forms to be reproduced when needed. -The following forms may be
reproduced when needed:

a. Temporary Appointment of Chairperson, Poll Clerk and Third Member;

b. Ceftificate of Challenge or Protest and Decision of the SEB-PDL;

c. Oath of Voter Challenged for Illegal Acts; and

d. Oath to identify a Challenged Voter.

CHAPTER XIII
PROCEDURES OF VOTING

SEC. 515. Date and time of PDL voting. - Voting under this Article shall take place
on the specified date for the National and Local Elections or Barangay and Sangguniang
Kabataan Elections.

The voting in the PDL-SPP shall be from 6:00 A.M. to 2:0O P.M. only. This ls to
ensure that the SEB-PDL SS shall have sufficient time to bring the accomplished ballots back
to the voting centers where they were collected before the close of voting hours on election
day.

In case all the expected PDL voters have already voted before 2:00 P.M., the SEB-PDL
shall close the voting in the PDL-SPP and dispose all election paraphernalia in accordance with
Section 534 hereof.

SEC. 516. Preliminaries to the voting. - The following shall be observed prior to
voting in the PDL-SPP:

A. IN PDL-SPP:

1 The SEB-PDL Members and all the SEB-PDL SS shall meet at the PDL-SPP at
5:0O A.M. on election day and shall submit themselves to all the security
measures and mandatory health protocols enforced in the jail facility or
detention center;

2 The SEB-PDL Members shall give to SEB-PDL SS the envelopes, with one (1)
paper seal for each clustered precinct with PDL voters in the voting center.
Upon receipt of the envelopes, the SEB-PDL SS shall leave the jail facility or
detention center with a uniformed security escort to go to the voting center
to collect the ballots;
) While waiting for the return of the SEB-PDL SS, the SEB-PDL Members shall
prepare the PDL-SPP by ensuring that it will be provided with the following:

Page 204 of 239

 A table where the envelopes for the accomplished ballots will be
placed;

At least ten (10) chairs or voting booths where PDL voters can
accomplish their ballots; and

iii. Enough space to ensure compliance with the mandatory health

protocols prescribed herein.

4 The SEB-PDL shall post the PCVL-PDL near or at the door of the PDL-SPP;
and

5 Upon arrival of the SEB PDL SS in the PDL-SPP, the SEB-PDL Chairperson
shall, in the presence of the other SEB-PDL Members, open the envelope
and count the number of ballots inside. The time of arrival, name of voting
center, number of ballots and serial number of the paper seal of the envelope
received shall be entered in the Minutes by the SEB-PDL Poll Clerk.

B. IN REGULAR POLLING PTACE IN THE VOTING CENTER:

1 Before the voting in the regular polling place, the EB Chairperson using the
PDL Voters List as reference shall annotate the PDL voters' names in the
EDCVL with "PDL Voter" and shall affix his or her initial beside the
annotation. The number of PDL voters and the fact that their names were
annotated with "PDL Voter" shall be entered in the Minutes;

2 Upon the arrival of the SEB-PDL SS, the EB Chairperson shall count and
segregate the ballots allocated for PDL voters in the presence of the former
and thereafter insert the same in a folder. The EB Chairperson shall place
the folder inside the envelope brought by the SEB-PDL SS and close the
envelope using a paper seal (also brought by the SEB-PDL SS). The EB
Members shall affix their initials on the paper seal and turn it over to the
SEB-PDL SS; and

3 The EB Poll Clerk shall write in the Minutes the name of the SEB-PDL SS, the
number of ballots issued, the serial number ofthe paper seal ofthe envelope
and the time the latter picked up the ballots in the polling place. The SEB-
PDL SS shall affix his or her signature in the entry, then leave the polling
place immediately with his or her uniformed security escort to deliver the
ballots to the PDL-SPP.

SEC. 517, Manner of obtaining ballots. - The PDL voters shall vote in the order of
arrival of their ballots in the PDL-SPP.

The following shall be observed by the PDL voters in obtaining the ballots:

a. Look for his or her name in the PCVL-PDL posted near the door or within the
premises ofthe PDL-SPP and determine his or her precinct and sequence numbers;

b. Approach the SEB-PDL Poll Clerk, give his or her name, precinct and sequence
numbers;

c The SEB-PDL Poll Clerk shall verifu if the name of the PDL voter is in the EDCVL-
PDL. If it is, require the PDL voter to sign opposite hls or her name. If he or she
cannot, then require him or her to impress his or her thumbmark in the EDCVL-
PDL. In case of doubt, the SEB-PDL Poll Clerk shall require the presentation of any
document for identiflcation purposes. If no such document is presented, the voter

I'age 205 of 239

 may be identified under oath by any SEB-PDL Member or another PDL voter
belonging to the same precinct where the former belongs. Such identiflcation shall
be recorded in the Minutes.

Any PDL voter belonging to the same precinct as the voter identified shall be
allowed to identify only up to three (3) PDL voters;

d. If the SEB-PDL Poll Clerk is satisfied with the identity of the PDL voter, the name
of the voter shall be distinctly announced in a tone loud enough to be heard
throughout the PDL-SPP. Otherwise, the voter shall be directed to leave the PDL-
SPP after informing him or her ofthe reason thereof. Ifthe voter is not challenged,
or having been challenged, the question has been decided in his or her favor, the
PDL voter shall be directed to the SEB-PDL Chairperson;

e Before giving the ballot to the PDL voter, the SEB-PDL Chairperson shall:

Check if any of the fingernail of the registered PDL voter has already
been stained with indelible ink. If stained, it shall be a conclusive
presumption that he or she has already voted. As such, the PDL voter
shall be directed to leave the PDL-SPP after informing him or her of the
reason thereof. This fact, including the name and the precinct of the
PDL voter, shall be recorded by the SEB-PDL Poll Clerk in the Minutes;

ii. After verifying that no fingernail has been stained, instruct the PDL
voter to affix his or her signature in the EDCVL-PDL;

iii. Authenticate the ballot by affixing his or her signature at the designated
space in front thereof. Failure to authenticate the ballot shall not
invalidate the same but shall constitute an election offense;

Instruct the PDL voter on how to accomplish the ballot properly; and

Insert the ballot in the secrecy folder in such a manner that its face is
covered, except the poftion where his or her signature in the ballot
appears, and give the ballot to the PDL voter.

Only the SEB-PDL Chairperson sha!! issue the ballots, and not
more than one (1) ballot shall be issued at one time.

SEC, 518. Manner of voting, - Voting shall be conducted in the following manner:

a The PDL voter shall accomplish the ballot, using the ballot secrecy folder in
accordance with the General Instructions for Voting;

b After filling out his or her ballot, the PDL voter shall approach the table where
the envelope for his or her precinct is placed and insert the accomplished ballot
in said envelope;

C The PDL voter shall thereafter approach the SEB-PDL Third Member who shall
apply indelible ink at his or her right forefinger nail or any other nail if there be
no forefinger nail; and

d. The PDL voter shall leave the PDL-SPP at once.

SEC, 519. Challenge against illegal voterc. - Any PDL voter or watcher may
challenge any person offering to vote for:

a. Not being reglstered;

b. Using the name of another; or

Page 206 of 239

 c. Suffering from any existing disqualification.

In such case, the SEB-PDL shall satisfy itself as to whether or not the ground for the
challenge is true by requiring proof of registration, identity or qualification. The SEB-PDL shall
identify the PDL voter through his or her photograph, fingerprint or specimen signature in the
EDCVL-PDL. In the absence of any of the above-mentioned proof of identity, any SEB-PDL
Member may identify under oath a voter, and such fact shall be reflected in the Minutes.

SEC. 52O. Challenge based on ce,tain illegal acB. dny watcher may challenge
any PDL voter offering to vote on the ground that he or she:
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 or her
vote or for the vote of another; or

b. Made or received a promlse 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 any of the above case, the challenged PDL voter shall take an oath before the SEB-
PDL that he or she has not committed any of the acts alleged in the challenge. Upon taking
such oath, the challenge shall be dismissed and the PDL voter shall be allowed to vote. In
case the PDL voter refuses to take such oath, the challenge shall be sustained and the PDL
voter shall not be allowed to vote.

All challenges shall be recorded in the Minutes including the actions of the SEB-PDL.

SEC. 521, Rules to be obsenred during the voting. - During the voting, the SEB-
PDL shall see to it that:

a PDL voters shall vote in the order of arrival of the PDL ballots per voting center;

b. No watcher shall enter the place reserved for PDL voters and the SEB-PDL, nor
mingle and talk with any PDL voter;

c The PDL-SPP is compliant with and the PDL voters are following the mandatory
health protocols enforced in the jail facility or detention center and by the
Commission;

d. No person carrying any firearm or any other deadly weapon, except personnel of
the PNP, BJMP, BuCor and those expressly authorized by the Commission, shall
enter the PDL-SPP; and

e. No crowdlng of PDL voters or disorderly behavior occur inside the PDL-SPP.

SEC. 522. Prohibition on voting, - It shall be unlawful for a PDL voter to:

a. Bring the ballot, ballot secrecy folder or marking pen outside the PDL-SPP;

b. Speak wlth anyone other than as herein provided while inside the PDL-SPP;

c. Remove the face mask and/or face shield while inside the PDL-SPP;

d. Prepare his or her ballot without using a secrecy folder or exhibit its contents;

e. Accomplish his or her ballot with the assistance of another person, except in the
case of a PDL voter who is illiterate or with disability;

Page 2O7 of 239

 f. Erase any printing from the ballot, or put any distinguishing mark on the same;

g. Use carbon paper, paraffin paper or other means of making a copy ofthe contents
of the ballot, or othen/ise make use of any scheme to identifl/ his or her vote,
including the use of digital cameras, cellular phones with camera or similar
gadgets; and

h. Intentionally tear or deface the ballot.

SEC. 523. Preparation of ballot for a PDL voter who is illiterate or with
disability. - Only a PDL voter indicated in the EDCVL-PDL as illiterate or with disability shall
be allowed to vote as such. Said PDL voter may be assisted in the preparation of his or her
ballot by any person who is a:

a Relative within the fourth civil degree of consanguinity or affinity, if said relative
is present in the jail premises; or

b. Any SEB-PDL Member.

All assistors must be of votlng age.

No person shall be allowed to assist more than three (3) PDL voters who are
illiterate or with disabilities, except the SEB-PDL Members.

In all cases, the Poll Clerk shall first verifu from the PDL voter who is illiterate or with
disability whether he or she has authorized the assistor to accomplish his or her ballot.

The assistor shall, in the presence of the PDL voter who is illiterate or with disability,
prepare the ballot using a secrecy folder.

The assistor shall bind himself or herself in writing and under oath to accomplish the
ballot strictly in accordance with the instructions of the assisted PDL voter and not reveal the
contents thereof, by affixing his or her signature in the appropriate space in the Minutes.

SEC. 524. Sealing of the envelopes per clustered prxinct - After all the PDL
voters in a particular clustered precinct have already voted, the SEB-PDL Chairperson shall in
the presence of the other SEB-PDL Members:

a Count the unused ballots, if there are any, and record in the Minutes the quantity
thereof indicating therein the Precinct ID of the ballots;

b. Tear the unused ballots in half lengthwise and insert them in the envelopes
containing the accomplished ballots;

c Close the envelope containing the accomplished ballots using a paper seal with
the initials of all the SEB-PDL Members; and

d. Hand the sealed envelope to the SEB-PDL SS for delivery to the voting center
where the ballots were collected:

i. For Barangay and Sangguniang Kabataan Elections, collected ballots will

be dropped in the ballot box in their respective polling places.

The SEB-PDL SS shall ensure that all accomptished ballots of PDL

voters shall reach the polling place before 7:O0 P.M. on election day.

Page 208 of 239

 SEC. 525. Disposition of election documents. - The SEB-PDL shall deliver to the
OEO the EDCVL-PDL, PCVL-PDL and other election paraphernalia.

CHAPTER XIV
ESCORTED PDL VOTING

SEC. 526. Escorted PDL voters, - The following may avail themselves of escorted
voting:

1. PDL voters who are registered voters of districts, cities or municipalities other than
the district, city or municipality of incarceration; and

2. PDL voters in jail facilities or detention centers where no PDL-SPPs are established.

For escorted voting to apply, the PDL voter must obtain a court order allowing him or
her to vote in the polling place where his or her precinct is assigned on election day and that
it is logistically feasible on the part of the jail or prison management to escoft him or her to
said polling place.

For the above purposer reasonable measures must be undertaken by the jail or prison
management to: a) secure the safety of PDL voters; b) prevent their escape; and c) ensure
public safety.

SEC. 527. Express lane for escotted PDL voters, - A PDL voter voting in the
polling place shall be given priority to vote. When he or she reaches the polling place, the
security escort shall inform the EB SS or any EB Member that the PDL voter is voting as such.
Thereafter, the PDL voter shall be accommodated in the express lane in the polling place.

SEC, 528. Authority to bing a firearm. - To ensure the security ofthe PDL voter,
his or her security escort may bring a firearm inside the polling place. Said escort and PDL
voter shall immediately leave the polling place once the latter have finished voting.

CHAPTER XV
FORMS, DOCUMENTS AND SUPPLIES

SEC. 529, Forms, documenB and supplies for SEB-C. -The following forms,
documents and supplies shall be provided to the SEB-C prior to the counting of PDL ballots:

RATE OF
CEF NO. FORMS AND SUPPLIES
DISTRIBUTION

ENVELOPES

L7, t7-4, t7-8,

set of 8
17-C, 77-D, 17- Envelope for Election Returns 1
pieces
E, L7-F,17-G

Envelope for Minutes of Voting set of 2

A18 & 18-A 1
and Counting of Votes pieces

A19 & A19A Envelope for Key of Padlock 1 Piece

OTHER FORMS

Page 209 oI 239

 Temporary Appointment of
A30/A31 10 Pieces
Chairman/Poll Clerk/Member

Certificate of Challenge or
Protest and Decision of the 10 Pieces
Board

SUPPLIES

Ballpen 6 Pieces

Rubber band 10 Pieces

Bond paper 10 Pieces

Packaging tape 1 Piece

Thum bprint/Fingerprint Taker 1 Piece

Marking Pen (red) 2 Pieces

Seal with steel sire 1 Piece

Plastic Security Seal 5 Pieces

Comelec Padlock with key 1 Piece

Ballot Boxes 1 Unit

CHAPTER XVI
CAMPAIGN

SEC. 53O, Campaign - Candidates shall be allowed to campaign inside jail facilities
or detention centers during the campaign period provided that they shall comply with the
existing rules and regulations of the BJMP, BuCor and the Commission.

CHAPTER XVII
PREPARATION AND SAFEKEEPING OF ETECTION RETURNSAND
OTHER ELECTION FORMS AND PARAPHERNALIA

SEC. 531, Preparation and distribution of election neturns. - There shall be

separate ERs for the Barangay and SK elections. The ERs for the Barangay elections shall be
accomplished in four (4) copies while the ERs for the SK election shall be accomplished in
three (3) copies. Each copy of the ER shall be signed and thumbmarked by the EB members
and watchers, if the latter is available, sealed with a paper seal, placed in the envelope
provided for the purpose, which envelope shall likewise be sealed with a paper seal, and
distributed under proper receipt as follows:

For the Baranqav elections

a) Original, to the Barangay Board of Canvasser (BBOC);

b) Second copy, to the EO;
c) Third copy, to be deposited inside the ballot box; and

Page 210 of 239

 (d) Fourth copy, to the Secretary ofthe Sangguniang Barangay.

For the SK elections

(a) Original, to the BBOC;

(b) Second copy, to the EO; and
(c) Third copy, to be deposited inside the ballot box.

All data required in the ERs shall be accomplished in handwriting in such a manner
that the entries on the first (original) copy are clearly impressed in all other copies. The total
number of votes for each candidate shall be closed with the signatures and the clear imprints
of the right thumb of all the EB members, affixed in full view of the public immedlately after
the last vote recorded or immediately after the name of the candidate receiving no vote.

The EB members and the watchers available shall accomplish the certification poftion
of the ERs. Thereafter, the Chairperson shall publicly announce the votes obtained by each
candidate.

SEC. 532. Certificate of vofes. -

After the counting of votes and announcement
of the results of the election in the precinct, and before leaving the polling place, the EB
members shall issue Certificate of Votes (CEF No. 13) upon request of the candidates or their
watchers. The Certiflcate of Votes shall contain the total number of votes received by each
candidate, written in words and figures, the precinct number, the name of the barangay, city
or municipality and province, the total number of voters who voted in the precinct and the
date of its issuance. The Certificate of Votes shall be siqned and thumbmarked by all EB
members.

The EB members shall require the requesting pafty to acknowledge receipt thereof.

The refusal of the EB or any of its members to furnish the Certificate of Votes shall
constitute an election offense.

SEC, 533. Alterations and corrections in the election returns. - Any correction
or alteration made on the ERs by the EB members before the announcement of the results of
the elections in the precinct shall be duly initialed by all the members thereof.

After the announcement of the results of the elections in the precinct, the EB shall not
make any alteration or amendment in any copy of the ERs, unless so ordered by the
Commission.

SEC. 534, Disposition of ballot boxes, keys, 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 EB shall:

(a) Place the following documents inside the compartment of the ballot box for
valid ballots:

1. Envelopes containing:

a. Counted official ballots;

b. Excess/marked/spoiled ballots and one-half of the torn unused
official ballots;
c. ERs (copy for the ballot box); and
d. Minutes (copy for the ballot box).

2. Tally board; and

3. Stubs of used official ballots.

(b) Close the inner compartments of the ballot box and seal them with one (1)
plastic security seal. Lock the outer cover of the ballot box with one (1)
padlock and two (2) plastic security seals. The EB shall wrap the ballot box
with packaging tape and affix their signatures. The SNs of plastic security

Page 211 of 239

 seals must be recorded in the Minutes before the same shall be deposited
inside the ballot box. The key to the padlock shall be placed in a separate
envelope, which shall be sealed and signed by all EB members. The
envelope with key shall be submitted to the EO.

(d) Deliver to the City/Municipal Treasurer the ballot box locked and sealed as
well as all documents and supplies, accompanied by the watchersJ present,
if any. For this purpose, the City/Municipal Treasurer shall, if necessary,
keep his office open all night on the day of election, and provide the
necessary facilities for said delivery at the expense of the city/municipality;

In case the ballot box delivered by the EB is not locked and sealed, the
City/Municipal Treasurer shall lock and/or seal the ballot box and shall
include such fact and the SN of the plastic security seal used in his report
to the Commission.

(e) Deliver to the EO the following:

1. Envelope containing the copy of the ERs intended for the EO;
2. Envelope containing the key to the padlock of the ballot box;
3. Envelope containing a copy of the Minutes;
4. EDCVL (barangay and SK);
5. PCVL (barangay and SK);
6. Unused thumbprint takers; and
7. Envelope containing the other half of torn unused ballots.
Failure to deliver the EDCVLs (barangay and SK) shall be a ground for the
withholding of the payment of honoraria and benefits and the filing of
appropriate case against the concerned members of the EB.

(f) Deliver to the Secretary of the Sangguniang Barangay the copy of the PCVL
for the SK voters (CEF 2-A) and ER (barangay elections) copy for the
Secretary of the Sangguniang Barangay.

On the day after the election, the EO or the City/Municipal Treasurer, as the case may
be, shall require any EB who failed to deliver the election records or paraphernalia mentioned
herein to deliver the same immediately.

SEC. 535, Prcseruation of the list of voteE. -

The EO shall keep the EDCVL-
Barangay, EDCVL-SK, PCVL-Barangay and PCVL-SK used in the election in a safe place until
such time the Commission gives instructions on their disposition.

SEC. 535. Omission of documents to be placed inside the ballot box. - If

after locking and sealing the ballot box, the EB discovers that some election documents
required to be placed in the ballot box were not placed therein, the EB instead of opening the
ballot box in order to place therein said documents or articles, shall deliver the same to the
EO.

In case the EB fails to place the envelope/s containing the counted ballots inside the
ballot box, the EO shall, with notice to candidates, deposit said envelope/s in a separate ballot
box which shall be properly sealed, padlocked and stored in a safe place in his office. The
said ballot box shall remain sealed unless otherwise ordered by the Commission.

SEC. 537. Retieval of inadveftently placed election documents inside the

ballot box. - The EO is authorized to open the ballot box in order to retrieve election
documents and paraphernalia inadvertently placed therein. The opening of the ballot box, is
subject to the issuance of notice to the members of the EB, Municipal/City Treasurer,
candidates and watchers as to the time, place and venue of the opening of the ballot box and
the submission of report to the PES within two (2) days from openlng of the same. The PES
shall likewise submit a report to the RED, who shall in turn submit a report to the
Commissioner-In-Charge (CIC), through the Command Center of the PMO.

Page 2L2 of 239

 CHAPTER XVIU
DELIVERY AND TRANSMITTAL OF ELECTION RETURNS

SEC. 538. Manner of delivery and transmittal of election returns, - The copy
of the ERs intended for the BBOC, placed inside a sealed envelope, shall be personally
delivered by the EB to the BBOC or through the BBOC Support Staff under proper receipt.

It shall be unlawful for any person to delay, obstruct, lmpede, or prevent through
force, vlolence, coercion, intimidation or by any means whlch vitiates consent, the transmittal
of the ERs; or to take away, abscond with, destroy, deface, mutilate, or substitute the ERs or
the envelope or the ballot box containing the ERs.

It shall also be unlawful to violate the right of the watchers to accompany the EB in
delivering the ERs to the BBOC/BBOC Support Staff.

CHAPTER XD(
CANVASS AND PROCLAMATION

SEC.539. Board of canvasserc/Sub-Canvassing Unit - Thercshall be one (1)

BBOC in each barangay to canvass the ERs for both the Barangay and SK elections and
thereafter proclaim the winning candidates.

The Commission through the EO shall constitute the BBOc/Sub-Canvassing Unit to be

composed of a Chairperson, Vice-Chairperson and Member-Secretary. The BBOC/Sub-
Canvassing Unit shall possess the same qualifications as that of the EB.

In a barangay with only one (1) E8, said EB shall convert itself as the BBOC.

The members of the BBOC/Sub-Canvassing Unit shall each receive an honorarium

computed as follows:

HONORARIA
NO. OF BARANGAY BBOC
ELECTION RETURNS coming
from EB
1to5 P 1,000.00
6to12 P 1,500.00
13 to 24 P 2,000.00
BBOC
(members
thereof,
shall not
come from
those who
served as
members of
the EBs)
25 to 36 P 2,500.00
37 lo 48 P 3,000.00
Sub-
Main BBOC Canvassing
Unit
49 to 97
with one (1) Sub-Canvassing P 4,000.00 P 2,000.00
Unit

Page 2L3 of 239

 98 to 145
with two (2) Sub-Canvassing
Unit
146 to 193
with three (3) Sub- P 4,000.00 P 2,000.00
Canvassinq Unit
194 to 241
with four (4) Sub-Canvassing
Unit
242 above
with five (5) Sub-Canvassing
Unit

SEC, 54O, Superuision and control over the Barangay Board of Canvassers.
- The Commission shall have direct supervision and control over the BBOC/Sub-Canvassing
Unit.

Any member ofthe BBOC/Sub-Canvassing Unit may, at any time, be relieved for cause
and substituted motu proprio by the Commission through the EO.

SEC. 541. Relationship with candidates and other membe6. - The members
of the BBOC/Sub-Canvassing Unit shall not be related within the fourth civil degree of
consanguinity or alfinity to any barangay candidate or SK candidate or to any of the
candidate's spouse or to any member of the same BBOC/Sub-Canvassing Unit.

SEC. 542. Ptohibition against leaving official station. -Beginning on election

day until the proclamation ofthe winning candidates, no member ofthe BBOC/Sub-Canvassing
Unit shall be transferred, assigned, or detailed outside of the omcial station, nor shall leave
said station without prior authority from the Commission.

SEC. 543, Feigned illness -Any member of the BBOC/Sub-Canvassing Unit

feigning illness in order to be substituted shall be guilty of an election offense.

SEC.544. Notice of meeting of the Barangay Board of Canvassers. - At least

five (5) days before the meeting of the BBOC, the Chairperson shall give notice of the date,
time and place of its meeting to all members thereof including the Sub-Canvassing Unit, if
any, and to each candidate.

SEC, 545, Vote required. - A majority vote of all the members of the BBOC/Sub-
Canvassing shall be necessary to render a decision.

SEC, 546. Persons not allowed inside the canvassing room. - It shall be
unlawful for any officer or member of the Armed Forces of the Philippines, including the
Philippine National Police; peace officer; armed or unarmed person belonging to any extra-
legal police agency, special/reaction/strike/home defense force, barangay self-defense units;
barangay tanoQ member of the security or police organizations of government departments,
commission, councils, bureaus, offices, instrumentalities, or government-owned or controlled
corporations or their subsidiaries; or any member of a private-owned or operated security,
investigative, protective or Intelligence agency performing identical or similar functions, to
enter the room where the canvassing of the ERs is being held, or to stay within a radius of
nfty (50) meters from such room: Provided, however, That the BBOC may, by majority vote
in writing, order the detail of policemen or any peace officer for its protection or that of the
electlon documents and paraphernalia in its possession, or for the maintenance of peace and
order, in which case said policemen or peace officers, who shall be in proper uniform, shall
stay outside the room within a radius of thirty (30) meters near enough to be easily called by
the BBOC at any time.

SEC. 547. Canvass by the Barangay Board of Canvassers. -

Page 2L4 of 239

 (a) The BBOC for barangays with more than one (1) EB shall meet at six o'clock in
the evening of election day in the voting center of the barangay and shall forthwith canvass
the ERs of the precincts within the barangay. If the barangay has several voting centers, the
canvassing shall be held in the voting center that is most accessible as determined by the EO.
The EO shall make a corresponding repoft to the OPES for consolidation purposes, which
votlng center was used as canvassing venue. The OPES shall consolidate the report, to be
submitted to the ORED. The repot from the OPES, shall be forwarded to the ORED who shall
submit its consolidated report to the ODEDO while the ORED of NCR shall directly submit its
report to the ODEDO.

(b) In canvassing the ERs, the BBOC shall comply with the following procedures:

FOR BBOC WTTH NO SUB- CANVASSING UNIT

1) The Member-Secretary shall receive the envelopes containing the ERs

intended for the BBOC, and record in the Minutes of Canvass (Minutes) the
condition and SNs of the envelope and paper seal; and the precinct
numbe(s) comprising the cluster;

2) Before opening, the Chairperson shall exhibit the envelope to those who
are present;

3) Open the envelope and retrieve the ERs and proceed to canvass first all the
Barangay ERs in accordance with the following procedures:

(a) Examine the condition of the inner paper seal of the ERs; while
the Member-Secretary records in the Mlnutes the condition and
SN of said paper seal;

(b) Break the inner seal, unfold the ERs and exhibit the same; while
the Member-Secretary records in the Minutes the condition and
SN of the ERs;

(c) If there is no objection to the ERs, the BBOC shall proceed to

canvass by reading the votes of the candidate and entering the
same in the Statement of Votes (SOVs).

For purposes of accomplishing the SOVs, the BBOC shall:

divide the three (3) copies between the Vice-Chairperson (2

copies) and the Member-Secretary (1 copy);

ii. fill up the statistical data portion; and

iii. accomplish the SOVs simultaneously as the Chairperson
reads the votes.

(d) If there is an objection to an ER, the Member-Secretary shall

note the objection in the Minutes and proceed to canvass the
ER;

(e) Immediately after an ER has been canvassed, the Chairperson

shall write on the upper righthand corner the word
"CANVASSED" and affix below it the signature and the date of
the canvass. Thereafter, the canvassed ER shall be returned to
its envelope;

(f) When all the ERs have been canvassed:

i. The Vice-Chairperson and Member-Secretary shall compare

the entries in their respective copies of the SOVS. If there

Page 215 of 239

 are discrepancies in the entries, they shall refer to the
corresponding ERs and make the necessary corrections on
the SOVs. All corrections shall be initialed by the members
of the EBOC and recorded in the Minutes of the Canvass;

If there are no discrepancies, the members of the BBOC shall

affix their signatures above their printed names and imprint
their thumbmarks on the certification portion of the SOVs.

(g) After the SOVs have been completed, the BBOC shall prepare the
Certiflcate of Canvass and Proclamation (COCP) and affix their
signatures and thumbmarks on the certification portion of COCP and
officially proclaim the winning candidates.

4) To determine the results of the election of SK officials, proceed with the

canvass of all ERs for the SK elections following the same procedures in
paragraphs 3 (a) to (g).

5) In barangays wlth only one (1) clustered precinct, the BBOC shall
immediately accomplish in triplicate the SOVs and COCP and proclaim the
winning candidates.

FOR BBOC WITH SUB-CANVASSING UNIT

1) Canvass all ERs for the barangay and SK elections following the same
procedures provided in the preceding paragraphs b (1 to 3) hereof.

2) The BBOC Chairperson shall assign as many ERs to the Sub-Canvassing Unit
taking into consideration Section 539 hereof.

3) The Sub-Canvassing Unit after accomplishing the SOV, shall turn-over the
same to the BBOC.

4) The BBOC shall prepare the Summary Statement of Votes using all the SOVs
in its custody. Thereafter prepare the COCP and proclaim the winning
candidates.

SEC. 548. When the election returns arc delayed, lost or destroyed. - In case
the copy of the ERs for the BBOC is missing, the BBOC shall, by messenger or other means,
obtain a copy of the missing ERs from the EB concerned, or, if said copy has been lost or
destroyed, the BBOC may/ upon prior authority of the Commission, use any of the authentic
copies of the said ERs and fothwith direct its representative to investigate the case and
immediately report the matter to the Commission.

Even if the BBOC has not received all of the ERs, it may terminate the canvass and
proclaim the candidates elected on the basis of the available ERs provided that the missing
ERs will no longer affect the results of the elections.

SEC. 549. Material defects in the election neturns. - If it should clearly appear
that some requisites in form or data had been omitted in the ERs, the BBOC shall call for all
the EB members concerned by the most expeditious means, for the same EB to effect the
correction: Provided, That in case of omission in the ERs of the name of any candidate and/or
his corresponding votes, the BBOC shall require the EB to complete the necessary data in the
ERs and affix therein their initials: Provided, further, That if the votes omitted in the returns
cannot be asceftained by other means except by recounting the ballots, the Commisslon shall,
after satisfying itself that the identity and integrity of the ballot box and the ballots therein
have not been violated, order the EB to open the ballot box and count the votes for the
candidates whose votes have been omitted, with notice thereof to all candidates of the position
involved, and thereafter complete the returns.

The right of a candidate to avail of this provision shall not be lost or affected by the
fact that an election protest is subsequently filed by any of the candidates.

Page 216 of 239

 SEC, 55O. When election neturns appear to be tampercd with or falsified.- 7f
the ERs submitted to the BBOC appear to be tampered with, altered, or falslfied after they
have left the hands of the EB, or are otherwlse not authentic, or were prepared by persons
other than the EB members or by such EB but under duress, force, and intimidation, the BBOC
shall use other copies of the said ERs and, if necessary, the copy inside the ballot box, which
upon previous authority given by the Commission, may be retrieved in accordance with Section
220 of BP Blg. 881. If the other copies of the returns are likewise tampered with, altered,
falsified, not authentic, prepared by persons other than the EB or by such EB but under duress,
force, intimidation, the BBOC shall bring the matter to the attention of the Commission. The
Commission shall then, after giving notice to all the candidates concerned and satisfying itself
that nothing in the ballot box indicates that its identity and integrity have been violated, order
the opening of the ballots therein. It shall order the recount of the votes of the candidates
affected and prepare a new return, which shall then be used by BBOC as basis for the canvass.

SEC. 551. Discrepancies in Election Returns. - In case it appears to the BBOC

that there exist discrepancies in the votes of any candidate in words and figures in the same
returns, and in either case the difference affects the results of the elections, the Commission
shall, upon motion ofthe BBOC or any candidate affected and after due notice to all candidates
concerned, proceed summarily to determine whether the integrity of the ballot box had been
preserved.

Once the Commission is satisfied that the integrity of the ballot box had been
preserved, it shall order the opening of the ballot box to recount the votes cast in the polling
place solely for the purpose of determining the true result of the count of votes of the
candidates concerned.

If upon opening the ballot box as ordered by the Commission, it should appear that
there are signs of replacement, tampering, or violation of the integrity of the ballots, the
Commission shall not recount the ballots but forthwith seal the ballot box and order lts
safekeeping.

SEC. 552. Manifest error. - (a) Where it ls clearly shown before proclamation that
manifest errors were committed in the tabulation or tallying of the ERs during the canvassing,
the BBOC may motu proprio, or upon verified petition by any candidate, after due notice and
hearing, correct the errors committed.

There is manifest error in the tabulation or tallying of the result during the canvassing
when:

1) A copy of the ER was tabulated more than once;

2) Two (2) or more copies of the ERs for one (1) precinct were
tabulated;

3) There was a mistake in the copying of the figures from the ERs
to the SOVs;

4) ERs from non-existent precincts were included in the canvass;

5) ERs from precinct of one barangay were included in the canvass

for another barangay; and

6) There was a mistake in the addition of the votes of any

candidate.

(b) If the manifest error is discovered before proclamation, the BBOC shall promulgate
an order in writing for the correction of the manifest error. They shall effect the necessary
correction in the SOVS/COCP by crossing out the erroneous figures/entries to be initialed by
the members of the BBOC and entering the correct figures/entries. The correction of manifest
error made by the BBOC shall be recorded in the Minutes.

Page 277 of 239

 Any candidate aggrieved by the said order may appeal the order promulgated by the
BBOC to the Commission within twenty-four (24) hours from promulgation. The appeal must
implead as respondents the BBOC concerned and all candidates that may be adversely
affected.

Once an appeal is made, the BEOC shall not proclaim the winning candidate, unless
the votes are not afFected by the appeal.
Upon receipt of the appeal, the Cierk of the Commission shall forthwith issue summons
together with a copy of the appeal to the respondent/s and shall immediately set the appeal
for hearing. The appeal shall be heard and immediately decided by the Commission En Banc.
(c) Manifest errors discovered after proclamation the same shall be filed by the board
or any aggrieved party with the Commission.
SEC. 553. Questions affecting the election returns; finality of decision
-
thereon. All questions affecting the ERs shall be raised during the canvass and decided
immediately by a majority vote of all the members of the BBOC. The decision shall be reduced
in writing and form part of the Minutes of the proceedings and shall be final and immediately
executory.

After all questions on the ERs shall have been resolved, the BBOC shall forthwith
proceed with the proclamation of the winning candidates, without prejudice to the right of an
aggrieved party to file an election protest.

SEC. 554. Elections resulting in a tie. - In cases where two (2) or more candidates
for Punong Barangay or SK Chairperson received an equal and highest number of votes, or
where two (2) or more candidates for Sangguniang Barangay Kagawad ot SK Kagawad
received the same number of votes for the first or last place, the B8OC, after recording this
fact in its Minutes, shall, by resolution, and after notice to all the candidates concerned,
immediately hold a special public meeting in which the BBOC shall proceed to the drawing of
lots between the candidates who have tied and proclaim as elected the candidates who may
be favored by luck.

The other candidates who lost in the draw for the first place, if there are only two (2)
who tied, shall automatically be the second placer. If, however, more than two (2) candidates
tied for first place, rolled pieces of paper duly marked by the numbers "1",*2", "3", and so on
shall be made and the contesting candidates shall draw any one thereot one after the other,
and thereafter publicly open the same.

The number of the rolled paper drawn by each shall decide their ranking. The same
procedure shall apply if the tie occurs among the second placers and so on.

If the tie is for the position of Punong Barangay or SK Chairperson or for the seventh
place for Sangguniang Barangay Kagawad or SK Kagawad, the one favored by luck and
proclaimed as elected shall have the right to assume office in the same manner as it had been
elected by plurality vote. The BBOC shall forthwith issue a certificate stating the name of the
candidate who had been favored by luck and proclaim on the basis thereof.

Nothing in this Section shall be construed as depriving the candidate of his right to
contest the election.

SEC. 555. Cettificate of Canvass and Proclamation (COCP) and Proclamation

of Winning Candidates, - The BBOC shall prepare in quadruplicate the COCP duly signed
and thumb marked by each member, supported by SOVs received by each candidate in each
precinct, and, on the basis thereof, proclaim as elected the Punong Barangay and seven (7)
Kagawads and the SK Chairperson and seven (7) SK Kagawads who obtained the highest
number of votes.

Subject to reasonable exceptions, the BBOC shall complete the canvass within twenty-
four (24) hours from the time the first ER is canvassed.

Page 218 of 239

 A copy of the SOVs shall be attached to each copy of the COCP except for the copy of
the winning candidates. In case of a tie, Section 554 hereln shall apply.

SEC. 555. Distribution of Certilicate of Canvass and Proclamation, - Copies

of the COCP shall be distributed as follows:

a) Flrst copy, to the EO;

b) Second copy, to the winning candidate for Punong Barangay or SK

Chairperson;

c) Third copy, to the Secretary of the Sangguniang Eayan/Panglungsod, as

the case may be; and

d) Fourth copy, to the Secretary of the Sangguniang Barangay.

The winning candidate for Punong Barangay or SK Chairperson shall reproduce the
copies of the COCP and distribute the same to each of the winning Barangay and SK Kagawads.

It shall be the duty of the EO to submit to the Election Records and Statistics
Depaftment (ERSD), COMELEC, Manila, a certified list ofthe votes obtained by each candidate
ranked from highest to lowest for the Barangay and SK elections in each barangay together
with the CD containlng with the encoded results of the Barangay and SK Eledion, within fifteen
(15) days after the conduct of the elections.

SEC. 557. Safekeeping of canvassed election teturns. - After the canvass, the
BBOC shall return the ERs for the Barangay and SK in their proper envelopes, place these
envelopes in the envelope for canvassed ERs, close and seal the same with a paper seal. The
serial number of the paper seal shall be noted in the Minutes. The Chairperson and members
thereof shall affix their signatures on the paper seal.

Thereafter, the BBOC shall deliver the envelope containing the canvassed ERs to the
City/Municipal Treasurer who shall place the same locked in a safe and secure place with the
EO keeping the key thereto, together with the envelopes containing the canvassed ERs from
other barangays.

CHAPTER )O(
CONTINGENCY PLAN

SEC. 558, Ptoblems that may be encountetd. -lhe following problems may
be encountered durlng the elections, to wlt:

(a) Late arrival of official ballots, accountable election forms and other
election paraphernalia;

(b) Shortage, non-availability or missing pages of accountable and non-

accountable election forms and supplies;

(c) Discrepancies in the serial number of ballots'

1 .) Ballots bearing the same SN;

2.) The upper and lower SNs are different;

3.) Either the upper or lower SN or both are missing;

4.) The SN is unreadable or hard to ascertain; and

5.) The SN does not belong to the series.

Page 219 of 239

 SEC. 559. Contingency measunes. In case the foregoing problems are
-
encountered, the REDs, AREDs, PESs, EOs, City/Municipal Treasurers, EB and BBOCs shall
institute the appropriate contingency measure.

I. IATE ARRIVAL OF OFFICIAL BALLOTS,

ACCOUNTABLE ELECTION FORMS AND OTHER ETECTION
PARAPHERNALIA

a.) The EO, City/Municipal Treasurer and the EB, shall jointly assess based on the
information from the Administrative Services Department (ASD)/Packing and
Shipping Committee (PSC), the time of arrival of the ballots, accountable election
forms and other election paraphernalia at the concerned polling place;

b.) If based on their assessment, the ballots will arrive before twelve o'clock in the
afternoon on the day of election, they shall inform the voters of this situation. Upon
arrival of the ballots, voting shall immediately start and continue up to five o'clock
in the afternoon. If after five otlock in the afternoon there are still voters present
who have not yet cast their votes/ Section 26 of Resolution No. 10602 shall apply;

c.) If the ballots, accountable election forms and other election paraphernalia will
arrive after twelve o' clock in the afternoon on the day of election, such election
shall be reset to the following day, or if it is not feasible, on the day after.

Voting, counting and canvassing shall continue in the clustered precincts not
affected.

Notwithstanding the resetting of the elections in the affected clustered precinct,

the BBOC may proclaim the winning candidates whose election will not be affected by
the number of votes to be cast in the clustered precincfls where the elections was
rescheduled. If the number of votes to be cast in the clustered precinct where elections
was rescheduled, will affect the result of the elections, the BBOC shall suspend its
proceedings and reconvene at six otlock in the evening of the day after election day
or if not feasible, on such other dates as may fixed by law or the Commission; and

d.) The EO shall announce and post notice on the date of the resetting of elections in
the clustered precinct/s affected. Not later than six otlock in the evening of election
day, the EO shall report to the PES which clustered precinct/s under his jurisdiction
have extended/rescheduled its elections due to late arrival of ballots, accountable
election forms and other election paraphernalia, the PES shall likewise report the
same to the RED, who shall consolidate and submit (by fax or e-mail) to the
ODEDO, the soonest possible time. The RED of NCR shall report directly to the
ODEDO.

II.
SHORTAGE, NON-AVAILABILITY OR MISSING
PAGES OF
ACCOUNTABLE AND NON-ACCOUNTABLE
ELECTION FORMS AND SUPPLIES

A. ACCOUNTABLE FORMS AND OFFICIAT BALLOTS

a.) Officlal Ballots

L.) Lost/damaged in transit, shortage or non - availability of official ballots.

- The EO shall report, by fastest means available, the lost/damaged in transit,
shortage or non-availability of ballots to the CIC through the Allocation Committee
of the Project Management Office (PMO) copy furnished the Command Center. If
repofted:

Page 22O of 239

 Before election day. Allocation Committee shall determine the necessity
-Tie
of printing ballots. Ifnecessary, the Allocation Committee is authorized to
determine the quantity requirements for printing. If printing is not necessary,
it is authorized to instruct the City/Municipal Treasurer and the EO on the
manner of re-allocating the ballots.

On election day. -The provision of Section 182 (Emergency Ballots) of the BP

Blg. 881 shall apply on the shortage or non-availability of ballots on election
day.

"Sec. 182. Emergency ballots. - No ballots other than the

offlcial ballots shall be used or counted, except in the event of
failure to receive the official ballots on time, or where there are
no sufficient ballots for all registered voters or where they are
destroyed at such time as shall render it impossible to provide
other official ballots, ln which cases the city or municipal
treasurer shall provide other ballots which shall be similar to the
official ones as circumstances will permit and which shall be
uniform within each polling place. The treasurer shall
immediately repoft such adion to the Commission. The
municipal treasurer shall not undertake the preparation of the
emergency ballots unless the political parties, candidates and
the organizations collectively authorized by the Commission to
designate watchers have been sufficiently notified to send their
representatives and have agreed in writing to the preparation
and use of emergency ballots."

Authority from the Commission En Bancis required in the printing of

emergency ballots. tf there is time, printing shall be done by the
Printing Committee; if not, the EO through the MunicipaUCity
Treasurer shal! print the same.
If the shortage is insignificant and it is impractical to print the
required official ballots, the EB members shall obtaan the needed
ballots from the nearest polling place/s. The source and recipient EBs
shall record in the Minutes of Voting the number of official ballots
obtained.
b.) Election Returns/Tallv Boards

l.)Lost/damaged in transit, shortage or non- auailability of election

returns/tally boards. -If either the election returns (ERs) or tally boards are
not received or not available, the following shall:

The EO:

i. Report such fact to the CIC through the Allocation Committee of the
Project Management Office (PMO) copy furnished the Command Center.

The EB:

i. Improvised ERs orTally Boards and proceed with the counting of votes;
ii. After the counting, sign the improvised ERs or Tally Boards and imprint
their thumbmarks;

iii. Distribute copies of the improvised ERs or Tally Boards in accordance

with 53 of Resolution No. 10602;
iv. Enter in the Minutes that the ERs or Tally Boards are not available and
that the EB together with the watchers decided to use improvised ERs
or Tally Boards; and

Page 22L of 239

 v. Place all forms used inside the corresponding envelopes and deposit the
same inside the ballot box'

t.) Missing pages/copies of election ,eturns, - In case of missing

page/s/copies of the ERs, the EB shall take measures to
reproduce/photocopy such missing page/s/copies. It shall take
steps to ensure that the copy intended for the BBOC is complete by
obtaining the missing page/s/copies from the other copies of the
ERs with no missing pages. Missing pages/copies of the election
returns shall be certified by the EB and watchers, if available.

(c) Statement of Votes bv Precinct

l) Non - availability of Statement of Votes by Precinct (SOVP) - If the

SOVP is not available the following shall:

The EO:

i. Report the same to the CIC through the Allocation Committee of the
Project Management Office (PMO) copy furnished the Command
Center.

The BBOC:

Improvised SOVP and proceed with the canvass of ERs;

ii. After the canvass, sign the improvised SOVP and imprint their
thumbmarks;

iii. Distribute copies of the improvised SOVP in accordance with 53 of

Resolution No. 10602;

iv. Enter in the Minutes that the SOVP is not available and that the BBOC
together with watchers decided to use improvised SOVP; and

v. Place all forms used inside the corresponding envelopes and deposit
the same inside the ballot box;

2.) Missing pages/copies of the Statement of Votes by Precinct - In case

of missing pages/copies of the SOVP, the BBOC shall take measures to
reproduce/photocopy the SOVPS. All such photocopies shall be certified to by
the BBOC.

B. NON - ACCOUNTABLE FORMS

a.) Lost/damaged in transitl shoftage or non- availability of Minutes of

Voting and Counting and other non- accountable forms. -If either the
Minutes of Voting and Counting and other non - accountable forms are not
received or not available, the following shall:

The EO:

i. Report such fact to the CIC through the Allocation Committee of

the Project Management Office (PMO) copy furnished the
Command Center;

lt. Approve the reproduction/photocopying of all non-accountable

forms and supplies by the EB; and

t. Reimburse the cost of photocopying.

The EB:

Page 222 of 239

 Cause the reproduction/copying of non-accountable form upon
approval of the EO.

. All such photocopies shall be certified by the EB and watchers, if

available.

Authority of the Election Working Committees. - Authority is hereby

granted to:

1.) The Printing Committee:

i. Upon approval of the CIC, print the

required ballob/ERs as
determined by the Allocation Committee, subject to the confirmation of the
Commission En Banc.

2.) The PSC:

i. Immediately pack and ship the lacking ballots/ERs through the
fastest means possible and ensure that the same arrive at and
receive by the intended recipients on or before election day.

In the Metro Manila Area and whenever possible, all lacking or

missing pages of all accountable forms shall be replaced.
Outside Metro Manila, alt non - accountable forms and supplies
may be reproduced/photocopied upon prior approval ofthe EO.

III.
OFFICIAL BATLOTS BEARING THE SAME SERIAT
NUMBERS; THE UPPER AND LOWER SERIAL NUMBERS OF
THE BALLOT ARE DIFFERENT; EITHER THE UPPER OR
LOWER SERIAL NUMBER OF THE BALLOT OR BOTH IS
MISSING; THE SERIAL NUMBER OF THE BALLOT IS
IINPFADARI F t'IP I{APD Tt'I AS'FPTATN' t'IP T}IF SFPTAI
NUMBER OF THE BALLOT DOES NOT BELONG TO THE
SERIES OF THE BALLOTS ISSUED.

(a) Official ballots bearing the same serial numbers -If the ballots bear the
same SNs the following shall:

The City/Municipal Treasurer:

1.) Issue the subject ballots to the EB; and

2.) Take note of its condition in the inventory report.

The Chairperson of the EB:

1.) Prior to the issuance of subject ballots to the registered voters, shall
add one Arabic numeral after the last digit of the serial number,
starting with number 1, then 2, and so on and affx his initial
thereon. In so doing, the ballots will now have different SNs; and
2.) Record opposite the name of the voters in the EDCVL-
Barangay/EDCVL-SK, the new SNs.

Page 223 ol 239

 The fact that the ballots have the same SN and its quantity shall be noted in the
Minutes. Further, the new SNs shall also be recorded in the Minutes.

In all instances, the EBs are directed to issue first the ballots with complete and regular
SNs. Except those which were marked as defective ballots, the EB shall only issue ballots with
the same SNs to the voters, if there are no more available ballots with complete and regular
SN in the polling place concerned.

(b) Upper and lower serial numbers of the official ballot are different. -If the
upper and lower SNs of the ballot are different, the following shall:

The Poll Clerk:

1.) Enter in the Minutes the different SNs appearing in the ballot,
indicating therein whether it is located in the upper or lower portion
thereof; and

2.) Record opposite the name of the voter in the EDCVL-

Barangay/EDCVL-Slt the two (2) different SNs.

The Chairperson:

1.) Issue the ballot to the voter.

(c) Either the upper or lower serial number of the official ballot is missing.
- If either the SN in the upper or lower portion of the ballot is missing, the members of EB
shall:

The Poll Clerk:

1.) Take note in the Minutes the missing SN in the ballot either in the
upper or lower podion, indicating whether it is located in the upper
or lower poftion thereof; and

2.) Record opposite the name of the voter in the EDCVL-

Barangay/EDCVL-SK the available SN.

The Chairperson:

1.) Copy the available SN in the portion of the ballot where it does not
appear and affix signature therein; and

2.) Issue the ballot to the voter.

(d) Both the upper and lower serial numbers of the official ballot are missing.
-If both the SNs in the upper and lower portion are missing, the concerned EB members shall:

The Poll Clerk:

1.) Record the fact in the Minutes.

The Chairperson:

1.) Mark the ballot as "defective ballot"; and

2.) Place the same inside the envelope intended for spoiled ballots.

(e) Serial number of the official ballot is unreadable or hard to ascertain. - If

the SN of the ballot is unreadable or hard to ascertain, the following shall:

The Poll Clerk:

1.) Check the SN of the ballot preceding the ballot with blurred SN and
follow the sequence of the SNs;

l'age 224 of 239

 2.) Enter in the Minutes the ascetained SN; and

3.) Record opposite the name of the voter in the EDCVL-

Barangay/EDCVL-SK.

The Chairperson:

1.) Issue the ballot to the voter.

If the SN of the ballot is totally unreadable, the Poll Clerk shall record the same in the
Minutes while the Chairperson shall mark the ballot as "defective ballot" and thereafter, place
the ballot inside the envelope intended for spoiled ballots.
(0 Serial number of the officia! ballot does not belong to the seraes. -If the
SN of the ballot does not belong to the series, the EB members shall:

The Poll Clerk:

1.) Note in the Minutes, the SN of the ballot that does not belong to the
series; and

2.) Record the same opposite the name of the voter in the EDCVL-
Barangay/EDCVL-SK.

The Chairoerson:

1.) Issue the ballot to the voter.

In all instances, the EBs are directed to issue first the ballots with complete and regular
SNs. Except those which were marked as defective ballots; the EB shall only issue to the
voters, ballots with SNs not belonging to the series, if there are no more in-series ballots
available in the polling place concerned.

CHAPTER )OG
ELECTION RELATED INCIDENTS AND CATASTROPHE

SEC. 560, The following shall be obserued in case of election-,elated violent

incidents, acB of God and other emetgenciesl
A There is sabotage, explosion, equipment robbery and other similar
cilicumstances.

1 If required to leave the precinct, the EB shall report this to the EO and
immediately secure all equipment, election forms and supplies, inform all political
party representatives, citizens' arm and watchers present of the transfer or
suspension of voting, and then proceed with security or health personnel to a
safer place.

2 If peace and order is restored, the EB shall conduct inventory of all equipment,
forms and election supplies. If there are missing item/s, the EB shall report to
the EO and local PNP for proper documentation and investigation. Thereafter,
the EO shall call the Command Center to inform about the missing item/s.

3. The EB shall record this in their Minutes.

B There is a Catastrophe like fire, flood, earthquake and others, or by reason

of emergency or health/ IATF rules and regulations in the locality.

1 Ifrequired to leave the precinct, the EB shall repoft this to the EO and
immediately secure all equipment, election forms and supplies, inform all political

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 party representatives, cit,zens' arm and watchers present of the transfer or
suspension of voting, and then proceed with security or health personnel to a
safer place.

2 The EO shall report this to the Command Center.

3 This incident shall be recorded in the Minutes of the EB.

CHAPTER )OGI
CONTINGENCY PROCEDURES FOR THE AUTOMATED BSKE

SEC. 561. Authority of the Commission to Adopt Cunent and Additional

Contingency Prucedures -
For purposes of the Automated BSKE, to be conducted in
Barangay Pasong Tamo, 6th Dlstrict of Quezon City and Barangays Paliparanan III and Zone
II (Pob.) of Dasmarifias City, Cavite and other areas as may be approved by the Commission
En Banc, the provisions of Resolution No. 10759 ('CONnNGENCY PROCEDURES IN
CONNECTTON WITH THE MAY 9, 2022 NATTONAL AND LOCAL ELECTTONS) are hereby
ADOPTED, unless a different resolution is issued by the Commission En Banc for such
purpose.

Further, the Commission may adopt additional contingency procedures in the voting,
counting, canvassing/ storage, custody, distribution and retrieval of accountable forms and
paraphernalia to fulfill its Constitutional mandate to ensure free, orderly, honest, peaceful and
credible elections. Furthermore, the Commission may adopt the use of automated BSKE in
other areas aside from the above-mentioned barangays, as it may deem proper.
CHAPTER )OOII
OPERATIONAL PLAN FORTHE COMMAND CENTER

SEC. 562. Establishment of a Command Center, - The Commission through the

Project Management Office (PN4O) BSKE, shall establish a Command Center to deal with the
operational side of the conduct of the elections. The Command Center shall monitor all
activities, including issues/concerns/incidents immediately before, during and after the
conduct of the elections;

SEC. 563, Monitoring of prc - election activities. - The Command Center shall
monitor the following pre - election activities:

1. Delivery/distribution of official ballots, accountable and non - accountable forms,

documents and supplies from the point of origin (National Printing Office, and
COMELEC designated warehouses) to the Office of the Provincial Treasurer to the
Office of the City/Municipal Treasurers and finally to Electoral Boards (EBs);
2. Late deliveries;
3. Verification/checking of sufficiency/insufficiency of forms and supplies;
4. Lacking forms and supplies;
5. Security concerns; and
6. Requests for early delivery/distribution.

Using the repofting template provided by the Command Center, the City/l"lunicipal Treasurer
through the Election Officer (EO) shall submit a report on lacking forms and supplies. The
Command Center shall refer the same to the concerned Committee/Office/Depaftment for
appropriate action.

SEC. 564. Monitoring of election daf activities, - On election day, the following
activities together with issues and concerns encountered, shall be monitored by the Command
Center:

Page 226 of 239

 1. Deployment of members ofthe Electoral Boards (EBs);
2. Opening of polls;
3. Closing of polls;
4. Canvassing proceedings;
5. Proclamation;
6. Election Related Violent Incidents (ERVIS);
7. Fallure of elections; and
B. Other issues/concerns.

Through the repofting template customize for the purpose of monitoring all election day
activities, the Command Center, shall:

1. Submit status report regularly or upon request to the CIC through the PMO, and/or
the En Banc;
2. Refer concerns/issues to the En Bancand/or concerned Committee/Office/Department
for appropriate action;
3. Draft recommendations on issues and concerns under the jurisdiction of the Command
Center; and
4. Draft implementing memorandum and monitor the status of its implementation.

SEC. 565. Monitoring of post - election day activities. -After the conduct of the
elections, the Command Center shall:
1. Monitor the safe return of the members of the EBs and complete surrender of all
items used during elections to the City/Municipal Treasurer's Office and the OEO;
2. Monitor any request for the opening of ballot boxes;
3. Monitor any petition by the BBOC to correct manifest error in the computation of
the election results;
4. Monitor payment honoraria to the EBs and other individuals who rendered election
related services; and
5. Other incidenG that may occur post-election day.
SEC, 566, Composition of the Command Centen - The Command Center is
composed mainly of personnel from the Election and Barangay Affairs Department (EBAD)
and support personnel from the following offices, and department of the Commission and
representatives from other government agencies and private entities:

. Office ofthe Deputy Executive Director for Operations (ODEDO);

. Office of the Deputy Executive Director for Administration/Printing Committee
(oDEDA);
. Administrative Services Department (ASD)/Packing and Shipping Committee;
. Election Records and Statistics Department (ERSD)/Allocation Committee;
. Law Department/ Committee on the Ban of Firearms and Security Concerns
(cBFSC);
. Office of the Clerk of the Commission;
. Office of the Commission Secretary;
. Philippine National Police (PNP);
. Armed Forces ofthe Philippines (AFP);
. Department of Education (DepED);
. Department of Health (DOH);
. Depaftment of Energy (DOE); and
. Logistics Provider.

SEC. 567, Total Number of Personnel Assigned at the Command Centen - A

total of one hundred two (102) personnel unless otherwise changed by the Commission En
Banc, shall be assigned to man the Command Center, as shown below:

Page 227 ol 239

 PERSONNEL N UM BER
Command Center
Head 1
Assistant Head 1
Supervisinq Lawyers (EBAD and ODEDO) 6
Secretariat 10
Regional In - Charqes 34
Support Staff 10
Command Center Support Group
ODEDO 4
ODEDA 4
ASD/Packing and Shippinq Committee 4
ERSD/Allocation Committee 4
Law Department/CBFSC 4
Clerk of the Commission 2
Commission Secretary 2
PNP 4
AFP 4
DepED 2
DOH z
DOE Z
Logistics Providers 2
Total t02

SEC. 568, Period of Operation -fhe staft date of operation of the Command Center
is synchronized with the deployment of offlcial ballots and accountable forms and ends seven
(7) days after the conduct of the elections. The formal operation at the venue of the Command
Center shall be five (5) days before election day. A day before and after elections --- the
Command Center will operate 24 hours with shifting of personnel for good measure.

SEC. 569. Budgetary Reguircment and designation of Disburcing Officen -

The budgetary requirement for the operation of the Command Center shall be sourced from
the approved Annual Procurement Plan. The Budget Division of the Finance Services
Department is tasked to issue the corresponding Certificate of Availability of Allotment (CAA)
for the said budgetary requirement.

Further, the Cash Division of the Administrative Services Department is tasked to name
a Disbursing Officer to handle the budget. In the exercise of said task, the Disbursing Officer
is authorized to draw cash advances for payment of necessary and incidental expenses to be
incurred, subject to liquidation in accordance with accounting and auditing rules.

PART III
POST-ELECTION ACTIVITIES

Aftic|e XVIII
FILING OF SOCE

CHAPTER T
CONTRIBUTIONS AND EXPENDTTURES

A. ELECTORAL CONTRIBUTIONS

SEC, 570. True name of contributor required. - No person shall make any
contribution in any name except his own nor shall any candidate receive a contribution or
enter or record the same in any name other than that of the person by whom it was actually
made.

Page 228 of 239

 SEC. 571. Report of contributions; When and Where to frle, Every person -
giving contributions, whether in cash or in kind, to any candidate, or authorized representative
of such candidate shall, within the period set bv the Commission, file with the Office of the
Election Officer concerned from 8:00 a.m. to 5:00 p.m. during weekdays, a report under oath
stating the amount of each contribution, the name of the candidate or agent of the candidate
receiving the contribution, and the date of the contributlon.

SEC. 572. Prohibited contributions. - No contribution for purposes of election

campaign shall be made directly or indirectly by any of the following:

(a) Public or private financial institutions: Provided, however, that nothing herein
shall prevent the making of any loan to a candidate by any such public or private
financial institutions legally in the business of lending money, and that the loan
is made in accordance with laws and regulations and in the ordinary course of
business;

(b) Natural and juridical persons operating a public utility or in possession of or

exploiting any natural resources of the nation;

(c) Natural and juridical persons who hold contracts or sub-contracts to supply
the government or any of its divisions, subdivisions or instrumentalities, with
goods or services or to perform construction or other works;

(d) Natural and juridical persons who have been granted franchises, incentives,
exemptions, allocations or similar pdvileges or concessions by the government
or any of its divisions, subdivisions or instrumentalities, including government-
owned or controlled corporations;

(e) Natural and juridical persons who, within one year prior to the date of the
election, have been granted loans or other accommodations in excess of
P100,000.00 by the government or any of its divisions, subdivisions or
instrumentalities including government-owned or controlled corporations;

(0 Educational institutions which have received grants of public funds amounting

to no less than P100,000.00;

(g) Officials or employees in the Civil Service, or members of the Armed Forces
of the Philippines; and

(h) Foreigners and foreign corporations.

It shall be unlawful for any person to solicit or receive any contribution from any of
the persons or entities enumerated herein.

SEC. 573. Soliciting or receiving contrtbufions from foteign sources - It shall

be unlawful for any person, or public or private entity to solicit or receive, directly or indirectly,
any aid or contribution of whatever form or nature from any foreign national, government or
entity for the purposes of influencing the results of the election.

SEC. 574. Prohibited raising of funds. - It shall be unlawful for any person to hold
dances, lotteries, cockfights, games. boxing bouts, bingo, beauty contests, entertainments, or
cinematographic, theatrical or other performances for the purpose of raising funds for an
election campaign or for the support of any candidate from the commencement of the election
period up to and including election day; or for any person or organization, whether civic or
religious, directly or indirectly, to solicit and/or accept from any candidate for public office, or
from his/her campaign manager, agent or representative, or any person acting in their behalf,
any gift, food, transportation, contribution or donation in cash or in kind from the
commencement of the election period up to and including election day; Provided, that normal

Page 229 of 239

and customary religious stipends, tithes, or collections on Sundays and/or other designated
collection days, are excluded from this prohibition.

SEC. 575. Ptohibited donations by candidafes, - No candidate, their spouses, or

any of their relatives within the second degree of consanguinity and affinity, or his campaign
manager, agent or representative shall during the campaign period, on the day before and on
the day of the election, directly or indirectly, make any donation, contribution or gift in cash
or in kind, or undertake or contribute to the construction or repair of roads, bridges,
schoolhouses, puericulture centers, medical clinics and hospitals, churches or chapels, cement
pavements, or any structure for public use or for the use of any religious or civic organization;
Provided, that normal and customary religious dues or contributions, such as religious
stipends, tithes or collection on Sundays or other designated collection days, as well as periodic
payments for legitimate scholarships established and school contributions habitually made
before the prohibited period, are excluded from the prohibition.

B. ELECTORAL EXPENDITURES

SEC. 576. Limitation upon expenses - No candidate shall spend for their election
campaign an aggregate amount exceeding five pesos (P5.00) for every voter currently
registered in the constituency or barangay where they filed their candidacy.

SEC. 577. Covenge of Expenses. - The expenses herein referred to shall include
those incurred or caused to be incurred by candidates, whether in cash or in kind, including
the use, rental or hire of land or watercraft, aircraft, equipment, facilities, apparatus and
paraphernalia used In the campaign.

Provided that where land or watercrafl aircraft, equipmenl facilities, apparatus and
paraphernalia used is owned by the candidate, contributor or supporter, the candidate shall
assess and declare the amount commensurate with the expenses for the use thereof, based
on the prevailing rate in the locality and shall be included in the total expenses incurred by
the candidate.

The Commission shall have the power to determine the correctness of such assessment
and effect necessary correction thereto.

SEC. 578. Persons authorized to incur election expenditures. - No person,

except the candidate or any person authorized by such candidate, shall make any expenditure
in support of or in opposition to any candidate. Expenditures duly authorized by the candidate
shall be considered as expenditures of such candidate.

The authority to incur expenditures shall be in writing, signed by the candidate and
showing the expenditures so authorized, and shall state the full name and exact address of
the person so designated. A copy of such authority shall be filed to the Office of the Election
Officer concerned.

SEC. 579. Lawful expenditutes - No candidate shall, directly or indirectly, make

any expenditure except for the following purposes:

a) For travelling expenses of the candidates and campaign personnel in the

course of the campaign and for personal expenses incident thereto;
b) For compensation of campaigners, clerks, stenographers, messengers, and
other persons actually employed in the campaign;
c) For telegraph and telephone tolls, postage, freight and express delivery
charges;
d) For stationery, printing and distribution of printed matters relative to
candidacy;
e) For employment of watchers at the polls;
f) For rent, maintenance and furnishing of campaign headquarters, office or
place of meetings;

Page 230 of 239

 s) For meetings and rallies and the use of sound systems, lights and
decorations during said meetings and rallies;
h) For newspaper, radio, television and other public advetisements;
i) For employment of counsel;
i) For copying and classiflTing list of voters, investigating and challenging the
right to vote of persons registered in the llsts;
k) For printing sample ballots in such color, size and maximum number as may
be authorized by the Commission;

SEC, 58O. Public Rally; Statement of Expenses, - Candidates shall notify the
Election Officer concerned of any public rally they intend to organize. The notice must include
the time and venue and shall be submitted not later than three (3) working days prior to the
date thereof.

Within seven (7) working days after holding of any public rally, the candidates shall
submit to the Election Officer concerned the "Statement of Expenses" they incurred in
connection therewith. However, supporting receipts for expenses incurred may be filed
together with the SOCE.

CHAPTER II
NOTICE TO CANDIDATE

SEC, 581. Duty of Election Officerc to send notice to candidates. -It shall be
the duty of the Election Offcers to notifli in writing, by personal delivery or registered mail,
within five (5) days from the date of elections, all candidates residing in their jurisdiction to
comply with the obligation to file SOCE.

The Election Officers shall, within five (5) days from receipt of the proof of service,
submit to Campaign Finance Office (CFO) the proof of personal service or the registry receipt
of the notice sent to each candidate.

CHAPTER III
FILING OF SOCE

SEC, 582, Forms and contenB ofSOCE. -The candidate, or through an authorized
representative, shall submit a soft copy and two hard copies of SOCE using the prescribed
forms. The prescribed forms may be downloaded from the COMELEC Website,
www.comelec.oov.ph or requested to be photocopied from the Office of the Election Officer
subject to payment of photocopying cost.
Only SOCE which entries are machine encoded shall be accepted. The soft copy shall
be in pdf format.
The SOCE shall contain the full, true and itemized, statement of all contributions and
expenditures. It shall be personally signed by the candidate. It shall also be subscribed and
sworn to any person who is authorized to administer oath.
SEC. 583. When and where to file SOCE. - Every candidate, including those who
withdrew, shall file SOCE not later than one (1) month after the dav of the etection.
before the Office of the Election Officer concerned, from 8:00 a.m. to 5:00 p.m. during
weekdays.

In case of special elections, it shall be flled within thirty (30) days from the date of
such elections.

SEC. 584. fssuance of Ceftificate of Compliance. -The candidates shall receive a

Certificate of Compliance from the Election Officer upon filing of SOCE. For elected candidates,
they shall submit the said certificate to proper authorities upon their assumption to office,

Page 237 of 239

 The certiflcate contains attestation of receipt and compliance to formal requirements
on the submission of SOCE imposed by the CFO. Nothing in this Section, however, and despite
the issuance of the certificate, shall prevent the COMELEC from conducting further
investigation or pursuing any legal action against such candidate who may have violated any
election law or campaign finance rules.

SEC. 585. Effect of failure to file, - No elected candidates shall enter upon the
duties of their office until they filed the SOCE.

CHAPTER IV

ADMINISTRATION OF OATH

SEC. 586. Otrtcerc of the Commission who are authorized b administer oath;
Free of charge. - The following officers, whether in permanent or in acting capacity, are
hereby authorized to administer oath, free of charge, in all submissions related to SOCE:

a) Regional Election Director;

b) Assistant Regional Election Director;
c) Regional Eiection Attorney;
d) Provincial Election Supervisor;
e) Election Officers; and
Q Lawyers of the Commission holding career service positions.

The authority given to said officers shall not be interpreted to render ineffective the
authority granted to any person to administer oaths under existing laws.
SEC. 587. Record Requirement for Administration of Oaths. -There shall be a
"Record of Oaths" to be kept by the authorized officers mentioned in the preceding section,
containing the list of all documents they administered in connection with the submission of
SOCE elections.

All authorized officers in the preceding section shall submit the record to the CFO within
dafc as mav he fived hv thF anmm qqro nEn Banr

CHAPTER V
RECEPTION OF SOCE AND SUBMTSSION TO CFO

SEC. 588. Procedurc on receiving SOCE - Election Officers are required to

accomplish the Receiving Log Sheet, indicating the name of candidate, elective position
sought, date, time, and the list of documents submitted. If the submission is made by a person
other than the candidate, it must indicate therein that such authority under oath is given by
the candidate.

All entries in the Receiving Log Sheet shall be written clearly and legibly by hand. At
the close of office hours every day, the Election Officer shall write a line and the word
*CLOSED"
at the end of the last entry in the Receivlng Log Sheet affixing their signature
thereat.

SEC. 589. Compliance Check and Production of ib Cettifiaf,e. - Upon receipt

of SOCE from the candidate, the Election Officer shall check whether the documents submitted
comply with the formal requirements under the Rules. It shall be reviewed whether the
documents are properly signed, dated, with attached annexes and supporting receipts, and
executed under oath.

Page 232 ol 239

 In case there is lacking any detail and/or document in the submission, the Election
Officer shall immediately advise the candidate, or the duly authorized representative, to supply
the lacking detail and/or document. Only complete SOCE shall be accepted.

The Election Officer shall issue a Certificate of Formal Compliance after being satisfied
that the SOCE of the candidate is complete and in order. The certificate shall be issued free
of charge for the first original copy. Issuance of additional copy, as requested, shall be charged
with a fee of One Hundred Pesos (P100.00) by the Election Officers. The CFO may also issue
additional copy in case that the records are already submitted before it in accordance with the
succeeding section hereof.

SEC, 59O. Collation at the Office of the Provincial Election Supetvisor and
submission b CFO, -The Election Officers shall, within seven (7) days from the last day of
filing of SOCE, transmit the soft copy and one hard copy of SOCEs and its attachments of each
candidate to the Office of the Provincial Election Supervisor. They shall likewise submit the
Receiving Log Sheet, List of Candidates with issued Cetificate of Compliance, proof of service
of Notice to Candidate, and the Record of Oaths.

The Provincial Election Supervisors shall collate all the SOCEs and documents received
from all Election Officers in the province. They shall then submit to the CFO, the soft copy of
SOCE of all candidates, Receiving Log Shee! List of Candidates with issued Certificate of
Compliance, proof of service of Notice to Candidate, and the Records of Oaths.

Articl e xlx

PROCEDURE ON THE FILING OF: (1) PETTTION TO DENY

DUE COURSE TO OR CANCEL CERTIFICATE OF
CANDIDACY; (2) PETffiON TO DECLARE A NUISANCE
CANDTDATE; AND (3) PETMON FOR DISQUALIFICATION

SEC. 591. Grounds. -

a. Denial or Cancellation of Certifrcate of Candidacy. - A verified Petition to
Deny Due Course to or Cancel a Certificate of Candidary for any elective office may be filed
by any registered voter or a duly registered political party, organization, or coalition of
political parties, on the exclusive ground that any deliberate and material representation
contained in the Certificate of Candidary (COC) as required by law is false.

b. Declaration of a Candidate as a Nuisance Candidate. - A verified Petition to

Declare a duly registered candidate as a Nuisance Candidate may be filed by the Commission
or any aggrieved candidate for the same position, on any of the following grounds:

1. The Certificate of Candidacy has been filed to put the election process in
mockery or disrepute;

2. The Certificate of Candidacy causes confusion among voters by the similarity

of the names of the registered candidates; and

3. By other acts or circumstances which clearly demonstrate that the candidate

has no bona rde intention to run for the office for which the Certificate of
Candidacy has been filed and thus prevent the faithful determination of the
true will of the electorate.

Page 233 of 239

 A Petition to Declare a Candidate a Nuisance Candidate invoking grounds for a Petition
to Deny Due Course to or Cancel Certificate of Candidacy or grounds for Disqualification, or
combining grounds for a separate remedy, shall be summarily dismissed.

c. Disqualifrcation of Candidates, - A registered voter or a duly registered

political party, organization or coalition of political parties may file a verifled Petition for
disqualification against any candidate for any of the following grounds:

1. For lack of qualifications or possessing any of the grounds for disqualification

provided by law or the Constitution; and

2. In an action or protest in which he or she is a party, for havlngbeen declared

by final decision of a competent court, guilty of, or found by the Commission
of, having:

Given money or material consideration to influence, induce to corrupt

voters or public officials performing electoral functions;

Committed acts of terrorism to enhance his or her candidacy;

iii. Spent in his or her election campaign an amount in excess of that

allowed by law;

iv. Solicited, received or made any contribution prohibited under Sections

89, 95, 96, 97, and 104 of the Omnibus Election Code; or

Violated any of Sections 80, 83, 85, 86, and 261 paragraphs d, e, k, v,
and cc sub-paragraph 6 of the Omnibus Election Code.

Section 592, When to File Petition, - For the BSKE, the Petition must be filed within
five (5) days from the time of filing of the COC.

In case of substitution of candidate by his or her spouse, the Petition must be filed
within five (5) days from the time the substitute candidate filed his or her COC.

Section 593. Wherc to File Petition and Manner of Filing. - The Petition herein
mentioned shall be flled, in clear and legible Portable Document Format (PDF), before the
Office of the Clerk of the Commission (OCOC), vrb electronic mail (E-mail) to its official E-mail
address (clerkofthecommission@comelec.gov.ph), pursuant to COMELEC Resolution No.
10673.27 The date of E-mail shall be considered as the date of filing. Attachments or annexes
belatedly filed shall no longer be considered as part of the Petitlon.

The electronic copies of the Petition and its annexes pertaining to one (1) case shall
be attached to one (1) E-mail only. For large and voluminous files, the parties shall use an
accessible file hosting service (e.9., Google drive. Microsoft Onedrlve, Dropbox).

After electronic filing, the party shall immediately send four (4) hard, clear, and legible
copies of the exact same Petition with complete annexes, a printed copy of the proof of E-mail
of the Petition and annexes, along with the full payment of filing and legal research fees,
through the fastest means available, including personal filing, registered mail or any courier
service, before the aforementioned olfice.

In cases of Petitions fled motu proprio by the Commission, either personal or E-mail
filing is sumcient.

,7 In Re: Guidelines on Electronic Filin& Conduct of Hearings/ Investigations/ tnquiries ?in Video Conference, and Service, promulgated
on 25 June 2020.

Page 234 of 239

 Section 594. Procedurcs to be Obserued. - Both parties shall observe the following
procedures:

1. The petitioner shall, before filing the Petition. furnish the respondent with a copy ot
the Petition with complete annexes, through personal service or urb e-mail, to the
physical address or e-mail address indicated in respondent's COC;

2. Any notice or document sent to the E-mail address provided in the COC shall be
considered received by the candidate, and shall be binding on the candidate as if the
notice or document had been personally served. The candidate shall be responsible for
ensuring that the E-mail address or physical address provided in the COC is accurate
and accessible at all times;

3. The proof of service or the affidavit stating the circumstances of the service shall be
attached to the Petition;

4. In addition to the PDF copy filed via E-mail, the Petition intended for the Commission
shall be in four (4) hard, clear, and Iegible copies. Upon receipt of the Petition, and the
official receipt for the payment ofthe fullfiling fees of PhP 10,000.00 and legal research
fee of PhP 100.00, the OCOC shall docket the Petition and assign to it a docket number
which must be consecutive according to the order of receipt, must bear the year and
be prefixed as SPA (BRGY). An additional payment of fees of the same amount shall
be charged for every additional respondent.

Fot motu proprio cases filed by the Commission, there shall be no filing and legal
research fees and be prefixed as SPA (B) (MP).

The Petition shall be immediately raffled to a Division.

6. The Petition shall contain the correct information as to the addresses, telephone
numbers, and E-mail of both parties and counsel;

7. The Commission may summarily dismiss the Petition on any of the following grounds:

i. The Commission has no jurisdiction over the subject matter;

ii. The Petition is insufficient in form;

iii. The Petition was filed beyond the period prescribed by the rules;

iv. The filing fee and legal research fee were not paid within the reglementary
period;

The Petition was not filed in the proper venue;

vi. The petitioner failed to duly serve the Petition with complete annexes to the
respondent;

vii. The petitioner failed to submit proof of service of the Petition with complete
annexes to the respondent or failed to execute an alfidavit of service; and

viii. The parties failed to comply with the rules governing electronic filing and
service of pleadlngs and other papers by the parties, except motu proprio
Petitions which may be personally filed by the Commission before the OCOC;

8. If the Petition is not summarily dismissed, the OCOC shall issue the corresponding
summons directly to the respondent or through the appropriate field office having
jurisdiction over the parly, via E-mail or, in areas where E-mail is inaccessible, through

Page 235 of 239

 personal service services. The concerned field office shall serve personally serve a copy
of the summons, Petition and annexes to the respondent.

Within a non-extendible period of three (3) days from receipt of the E-mail, the field
office concerned shall send an affidavit of service and/or acknowledgment receipt to
the OCOC through E-mail;

9. Within a
non-extendible period of five (5) days from receipt of summons, the
respondent shall file his or her verified ANSWER CUM MEMORANDUM rzrb E-mail
(clerkofthecommission@comelec.gov.ph) pursuant to COMELEC Resolution No. 10673,
and thereafter submit four (4) hard, clear, and legible copies to the OCOC at the
COMELEC Main Office through the fastest means available, including personal filing,
registered mail or any courier service.

The failure of the respondent to file his or her verified Answer cum Memorandum within
the reglementary period shall bar the respondent from submitting controverting
evidence.

A motion to dismiss, reply, rejoinder and similar pleadlngs are prohibited and shall be
considered mere scraps of paper. Nonetheless, the grounds for a motion to dismiss
may be used as aff;rmative defenses; and

10. The case shall be deemed submitted for resolution upon the receipt ofthe respondent's
Ansv,tet cum Memorandum or upon the expiration of the period to do so, whichever
comes first.

The Commission may, at its discretion, set a clarificatory hearing, and order any other
pleading to be filed for a period not exceeding five (5) days reckoned from the date of
the hearing.

Section 595, Re@ption of Evidence, - In case the Division or the Commission En

Banc sets a clarificatory hearing, the OCOC is hereby designated to receive evidence and
conduct a comparlson between the original and/or certified true copies and copies of
documentary and real evidence.

Section 596. Promulgation. - the promulgatlon of a Resolution or Order of the

Division or the Commission En Banc shall be made by filing or delivering a complete copy of
the Resolution or Order to the OCOC.

The OCOC shall, thereafter serve the Resolution or Order of the Division or
Commission En Banc to all counsel, or parties if not represented by counsel, through their
official E-mail addresses, by personal service, or registered mail.

The Division or the Commiss,on En Bancmay issue or promulgate Omnibus

Resolutions or Orders, when necessary, for the prompt disposition of petitions.

Section 597. Period to Resolve, -

The period to resolve shall be in accordance
with Sections 7 and 8, Rule 18 of the COMELEC Rules of Procedure as amended by COMELEC
Resolution No. 7808.28

Section 598. Motion for Reconsideration. - A motion to reconsider a Resolution

or Order of a Division shall be filed within five (5) days from receipt thereof in accordance with
COMELEC Resolution No. 10673, and upon the payment of filing fee in the amount of PhP
1,000.00. Such motion, if not pro-forma, suspends the execution for implementation of the

In the Matter of Amending Rule 3 Sections 4, 6 and 8; Rule 18 Sc'ctions 1 and 5; and Rute 38 Section 8 wittr Additional S.'ctions of the 1993
,s
COMELEC Rules of Pr(xedure and Insertrng a New Rule on Precedence and Protocol, promulgated on 16 Januaiy 2007.

Page 236 of 239

Resolution or Order. The movant shall be required to furnish a copy of his or her motion for
reconsideration to the adverse party prior to filing the same with the OCOC.

The Clerk of the Commission shall immediately notify the Presiding Commissioner
who shall certify the case to the Commission En Banc without need of comment from the
adverse party. The Commission may opt to deny the motion for reconsideration pursuant to
Rule 19, Section 2 of the COMELEC Rules of Procedure, as amended by Rule 23, Section 7 of
COMELEC Resolution No. 9523.

A Resolution or Order ls deemed final and executory if, in case of a Division ruling,
no motion for reconsideration ls filed within the reglementary period, or the motion for
reconsideration is denied in accordance with the preceding paragraph, or in cases of rulings
of the Commission En Banc, no restraining order is issued by the Supreme Court within five
(5) days from receipt of the Resolution or Order.

Section 599, Granting of Petition - EffecE, -

a. In the event a Petition to Deny Due Course to or Cancel Certificate of Candidacy
is granted by final judgment, the person whose certificate of candidacy is cancelled or denied
due course is never considered a candidate. Thus, the votes cast for the candidate whose
ceftificate of candidacy has been cancelled or denied due course shall be deemed as stray
votes.

Should the Petition be granted after the proclamation of the candidate whose
certificate of candidacy has been denied due course or cancelled, the latter's proclamation
shall be declared null and void and without any legal force and effect. The person obtaining
the highest number of valid votes based on the Certificate of Canvass shall be proclaimed as
the duly-elected candidate.

There can be no valid substitution for a candidate whose COC has been cancelled or
denied due course.

b. In case the candidate has been declared a nuisance candidate by final judgment,
the votes cast for the nuisance candidate shall be added to the candidate who share the same
name. Thereafter, the candidate who garnered the highest number of votes shall be
proclaimed.

In cases where two or more candidates have the same names as the nuisance
candidate, the votes cast shall be considered as stray votes and shall not be credited to any
candidate.

In case the nuisance candidate does not have the same name as any candidate for
the same position, the votes cast for the nuisance candidate shall be considered as stray votes.

In case of a multi-slot office, if the ballot contains one vote for the nuisance candidate
and no vote for the bona fide candidate, the vote will be counted in the latter's favor. However,
if the nuisance candidate and the bona fide candidate each gets one vote, only one vote will
be counted in the latter's favor.

c. In the event a Petition to Disqualify a candidate is granted by final judgment and

the disqualified candidate obtains the highest number of votes, the candidate with the second
highest number of votes cannot be proclaimed and the rule of succession, if allowed, shall be
observed.

In case the rules of succession shall not apply, a vacancy shall exist for such position.

Page 237 of 239

 Section 6QO, Suspension of Pr@lamation. - In all cases cited in Section 599
hereof and the Petition remains unresolved by final judgment on the day of the elections, the
Division or the Commission En Banc may suspend the proclamation of the winning candidate
who is the respondent in the Petition, provided, that the evidence is strong.

Section 6OL. Applicability, - The herein rules of procedure shall apply to all
Petitions to Deny Due Course to or Cancel Certificates of Candidacy, Petitions to Declare
Nuisance Candidates, and Petitions for Disqualification tagged as SPA cases and filed relative
to the 2023 Barangay and Sangguniang Kabataan Elections only.

Section 602. Electrcnic Relevant provisions of COMELEC Resolution No.

10673 continue to apply to all SPA cases, unless revoked by the Commission.

Afticle )O(

MTNIMUM HEALTH AND SAFETY STANDARD AND OTHER

TRANSITORY PROVISIONS

SEC. 603. COWD-79 Safety Standard Compliance,- W henever applicable, the

following protocols institutionalizing the new normal shall be observed together with the
minimum public health standards prescribed by the Department of Health (DOH), the lnfer-
Agency Task Force for the Management of Emerging Infectious Diseases (IATF), and the local
government units concerned, to wlt:

a. Wearing of face mask and face shield;

b. Body temperature scanning; \
c. One-meter physical distancing;
d. Frequent disinfection of hands;
e. Frequent disinfection of regularly-touched surfaces;
f. Proper cough and sneezlng etiquette;
g. Limited number of workers;
h. Disinfection of documents, supplies. device/equipment;
i. Use of own pen;

SEC. 5O4. Changes in Procedure and Prutocols, -The Commission may modify the
guidelines set forth herein as the circumstances may warrant depending on the rules to be
issued by the national government, DOH, IATF/EID, and Local Government Unit concerned.

SEC. 605. Separability clau*, - \f any part or provision of this general guidelines is
declared invalid or unconstitutional, the other parts or provisions thereof shall remain valid
and effective.

SEC, 506. AmendmenB and Revisions. - Any amendment to, revision, or repeal of
this Code shall be made by a resolution approved by the Commission En Banc.

Page 238 of 239

 10924

-
SEC. 607. Publiation and Dissemination. The Education and Information
Department shall cause the publication of these general guidelines in at least two (2) daily
newspapers of general circulation in the Philippines. The ITD shall cause the posting of these
general guidelines in the official website of the Commission.

Let the Executive Director. Deputy Executive Director for Operations and the Project
Management Office for BSKE, implement these general guidelines.

SO ORDERED.

GEORG WIN M. GARCIA

Chairperson

RRO B. IN ARLON S
Commissioner

AIMEE .F NO R Y
Sommissioner

ERNESTO FE {, NAND P. MACED lR. NE N CELIS

Commissioner m er

CERTIFICATION

APPROVED by the Commission En Banc during its regular meeting on )une Z 2023, pwsuant
to its Resolution No. 10671 or lhe Supplemental Resolution to COMELEC Resolution No.9936
promulgated March 25, 2015 entitled, "Rule on the Enactment and Promulgation of Executive or
Administrative Resolutions' Providing for Other Format of Meetings to Include On Line Meetings
Applicable in nmes of the COVID-Ig Pandemic and the Imposition of Community Quarantines and
Similar Emergency Situations, promulgated on June 09, 2020.

ATTY. SUE . DIOLA

Director IV
Offlce of the Commission Secretary

This Resolution may be verified al (02)8527-2987 and comsec@comelec.9ov. ph

I'age 239 oi 239