AUTOMATED ELECTION SYSTEM

The new face of voting in the Philippines

Introduction Computerized voting is a superior form of casting ballots. It allows for fairer and faster voting. It takes many forms with different processes but how it is implemented depends on the technological facilities allocated for the elections procedure. Automated election system (AES is a system that uses appropriate technology to accomplish and aid such tasks as voting! counting! consolidating! canvassing! and transmission of election result! and other electoral process.

"epublic Act #o. $%&$! which is the Amended Elections Automation 'aw provides for the use of two forms of AES. (he first is a paper)based election system defined as *a type of automated election system that uses paper ballots! records and counts votes! tabulates! consolidates! canvasses and transmits electronically the results of the vote count.+ It uses the ,ptical -ark "eader (,-" (echnology. .ere! the voters have to shade the oval which corresponds to their candidate of choice using pencil in a specially scanned paper ballot. It is composed of / 'aptops! / 0igital Scanners! / card readers! 1 hub and 1 printer. (he votes in the shaded ballots will then be scanned and counted using an Automated Counting -achine (AC- . (his kind of technology is pretty much familiar in the 2hilippines. It is used in the #ational Secondary Aptitude (est (#SA( ! formerly the #ational College Entrance E3amination (#CEE ! given by the 0epartment of Education

(0epEd ! and in the Civil Service Commission (CSC

'icensure

E3aminations and other e3aminations given by the 2rofessional "egulatory Commission (2"C ! wherein the answer sheet is composed of ovals and the oval corresponding to the chosen answer would be shaded by the e3aminee. (he 2hilippine Charity Sweepstakes ,ffice (2CS, for its 'otto system! wherein the ovals! corresponding to the numbers being bet upon! are also shaded! employs a similar system. In all these! the answer sheets and the lotto cards are read! or counted! by the ,-". 4ecause of its familiarity! and because it makes use of ballots which is what most 5ilipinos are familiar to! this system was recommended as the most suitable for the 2hilippine setting.

(he second form is the 0irect "ecording Electronic (0"E . It is defined as *a type of automated election system that uses electronic ballots! records votes by means of a ballot display provided with mechanical or electro)optical components that can be activated by the voter! processes data by means of a computer program! records voting data and ballot images! and transmits voting results electronically.+ voters are provided with a 6oting 2ad where the photos of candidates can be selected by pressing on the desired picture. ,nce the vote is final! a receipt is generated after pressing 74,(,7. (he 4oard of Election Inspectors keeps the receipt 8ust in case there are complaints raised. .owever! 0"E (echnology can only be deployed in areas where communications is available and reliable.

Brief history (he Commission on Elections started its efforts at modernizing or automating the electoral process way back in 1$$/! immediately after

the first Synchronized #ational and 'ocal Elections (#'E . 9ith the first pilot testing of an automated election system using the ,ptical -ark "eader (,-" technology in the 1$$& Autonomous "egion in -uslim -indanao (A"-- Elections! to the partial implementation in the A"-provinces of the same automated system in the 1$$: #ational and 'ocal Elections! to the halted nationwide implementation of a centralized automated counting system for the /;;< #'E! and to the pilot test of a fully automated election system in the /;;: A"-Elections! the C,-E'EC continues to fulfill its mandate of conducting elections = be it manual or automated. 0uring the last /;1; elections! the C,-E'EC conducted the country>s first nationwide fully automated elections = from counting of votes to transmission and canvassing of election results.

(he first automated election was held in A"-- last August 11! /;;:. (here were a lot of *firsts+ during this historical event? 5irst fraud)free election in more than half a century@ first time the winning candidates were proclaimed in less than two days after election day@ first to use electronic voting and transmission machines in a 2hilippine electoral e3ercise@ first time election results have been uncontested@ first elections with practically no reports of voter disenfranchisement@ and first elections where the rate of failure of elections is less than 1 percent. 6oters> turnout was greater than e3pected! reaching $;A of the e3pected voting population.

Legal Basis (here are three laws passed which paved the way for the automation of our election system. 5irst is "epublic Act #umber :;<&

entitled *An Act Authorizing the Commission on Elections to Conduct a #ationwide 0emonstration of a Computerized Election System and 2ilot)(est It in the -arch 1$$& Elections in the Autonomous "egion in -uslim -indanao (A"-- and for ,ther 2urposes!+ which was passed on Bune C! 1$$D. Second is "epublic Act #umber :<%& entitled *An Act Authorizing (he Commission on Elections to Ese an Automated Election System in the -ay 11! 1$$: #ational or 'ocal Elections and in SubseFuent #ational and 'ocal Electoral E3ercises! 2roviding 5unds (herefor and for ,ther 2urposes!+ which was passed on #ovember //! 1$$C. (hird is "epublic Act #umber $%&$ entitled *An Act Amending "epublic Act #o. :<%&! Entitled GAn Act Authorizing the Commission on Elections to Ese an Automated Eleciton System in the -ay 11! 1$$: #ational or 'ocal Elections and in SubseFuent #ational and 'ocal Electoral E3ercises! to Encourage (ransparency! Credibility! 5airness and Accuracy of Elections! Amending for the 2urpose 4atas 2ambansa4lg. ::1! as Amended! "epublic Act #o. C1&& and ,ther "elated Election 'aws! 2roviding 5unds (herefor and for ,ther 2urposes!G which was passed on Banuary /%! /;;C.

"epublic Act #umber $%&$ covers both automated and manual elections. It also covers voting! counting! consolidating! canvassing! Automated election system is system canvassing and transmission of and electronic transmission. voting! counting!

using appropriate technology which has been demonstrated in the consolidating! electoral results and other electoral processes which uses 0irect "ecording Election (0"E and ,ptical -edia "ecording (,-" .

Innovations

Smartmatic offers the Smartmatic Automated Election System (SAES ! a unified voting! scrutiny! tabulation! allocation and result broadcast solution )suitable for any type of election) which was officially released in /;;%. In addition to the many benefits of the SAES system! its most outstanding advantage lies in the guarantee of total transparency in any given electoral or referendum process. SAES offers the possibility to verify and audit results through different means! guaranteeing zero numerical inconsistencies between all stages covered by every single vote! from actual casting to final scrutiny. Smartmatic provides us other benefits and advantages if we will deal with automation of election.

5irst is financial savings. (hough automated elections deals with acFuiring computer! hence will cost a large amount of money! it can still cut cost in other e3penses! i.e. labor cost. Since the computer would do the counting. (hat means fewer laborers are needed. #ormally! automation reFuires a large up)front investment in hardware and software! as well as e3pensive training of electoral workers and running educational campaigns for voters. Automated elections guarantees short) and long)term returns that can greatly compensate for the initial investment. Second is increased speed and efficiency of electoral task and faster electoral results. (he computer to be used has internal tools that can increase speed and efficiency for some important works during the election. Also! using computers would make the election itself faster. 6oting manually would consume time for the voters to write name of the candidates! etc. Also! with vast advancement of technology! the machineH computer has a tool that can count the votes faster and more accurate. Esing computersHmachines! they would be

the one to tally and transmit the votes to the electoral board without human intervention. (he automated electoral system mechanisms significantly reduce the chances of errors! because vote counting is based on an internal machine count rather than on individual ballots! which can be tampered with.

(hird is improved capacity to identify and prevent frauds. 9ith the system using ultra)safe encryption algorithms to store and transmit each vote from the SAES voting machine to the tabulation centers! tampering of votes will be prevented and the integrity of the elections would be higher.

,n the other hand! one of the disadvantages of using computersH machine in election is the broad knowledge of man in terms of technology. (hough computers may have high securities! there are many computer *geeks+ that can bombard the computers and the system as a whole. (hey have many ways to hack those computers to be used in the elections. .ackers are the number one enemy of this system. .ackers are known to infiltrate and manipulate even the most sophisticated computer programs in the world. Also! technology! though seems to be perfect! may still have errors in its components. 9e all know that no computer system is 1;;A tamper)proof! or foolproof. 9e are not sure that it! the automated election! may give us the best results of the elections. Also! can this system eliminate other election)related problems like vote buyingI

(he standard and features under "epublic Act #umber $%&$ include the use of the most suitable technology which may either be paper based or direct recording electronic system and the use of either paper or electronic. It is also reFuired that one member of the board of election inspectors must be technology capable. Election returns will be in electronic form to be printed in thirty copies. (he same with certificate of canvass it will also be in electronic copy and to be printed. (he transmission of results will be electronic. In this system! there is also a continuity or back)up plan prepared.

,ne of the benefits of automated election system as earlier mentioned is that there will be less human intervention in the voting! counting! canvassing and proclamation of winning candidates. In addition! the election results will be processed more ob8ectively and election results will be faster.

Ender the automated system! fake ballots can no longer be fed into the 2recint Count ,ptical Scan (2C,S machine. (he ballots contain several security features that eliminate fraud. 4allots flagged by the machine as invalid will be returned and will not be counted.

(he ballots contained security features. ,n all sides of the ballot are position identifiers! whose intersection points would indicate the placement of an oval. (his allows the system to accurately locate the position of a mark and evaluate it accordingly.Each ballot also has a uniFue bar code. (his makes sure that each ballot is counted only once! and at the canvassing level! can identify the details of the ballot (the precinct it was casted in! the machine that evaluated the ballot!

etc. 5inally! each ballot is also marked with a E6 ink! which is not readily apparent on casual scrutiny. (his mark is visible to the special lens and light of the Automated Counting -achine! which verifies first the presence of the E6 ink before casting a vote.

Ender the automated election system! the results cannot be intercepted and altered during transmission. 2rior to transmitting the Election "eturns! the 2C,S digitally signs the files using the S.A/D& algorithm and encrypts them using the AES1/: algorithm.(his encryption level is as good! if not better than most online banking transactions! which are *connected+ /< hours a day! seven days a week. 4y contrast! the Automated Counting -achines is connected only at the end of the voting day! only for the short period needed to send the information. (his makes the risk of *hacking+ virtually impossible.

In case of massive blackout the automated election system will not result to failure of elections. (he 0epartment of Energy can and should prioritize the elections. (here are always portable generators provided by the poll watchers! political parties! among others during elections.C,-E'ECJs service provider! S-A"(-A(IC)(I-! is reFuired to have 1/ hour back)up batteries. Spares are also available at strategic locations from its technical support staff.

2C,S machines are essentially laptops which reFuire low power consumption and which can easily be connected to a variety of power sources including rechargeable batteries! inverters and portable generators."echargeable batteries are readily available in commercial

retail stores nationwide. (elecommunication Companies have! as standard practice! / standby power generator sets in their stationsHfacilities.

Automated election system process is actually shorter. #o ballot serial numbers to log and perforate. #o going through several pages of candidate list. Candidates are listed alphabetically! easy to choose.Illiterates don>t have to write anything=they 8ust shade ovals.4ased on informal C,-E'EC time)and)motion study! it takes an average of : seconds for a complete ballot casting cycle.

In terms of transmission concerns! C,-E'EC en banc had created a (echnical 9orking Kroup for (ransmission composed of representatives from the #ational (elecommunications Commission (#(C ! (elecommunications ,ffice ((E',5 ! the telecommunications carriers 2'0(HSmart!KlobeHInnove!0igitelHSun including the provincial telephone companies and the cable (6 internet providers.(his assures there will be internet access from at least / to % carriers per polling precinct nationwide.In the remote island precincts where the carriers may find difficulty in e3tending their service coverage and as back)up! mobile satellite technology will be used.

It is e3pected that these remote island precincts will coverless than 1A of the <;k polling centers with an average voting population of /;; to <;; per clustered precinct! a total of appro3imately /;;k votes.9ith the multiple redundancies and servers at the municipal! provincial and national levels including a server for media and the political parties and watchdogs! a system loss is highly improbable.

Ender the automated election system also *dagdag)bawas+ can no longer occur. (he counting! canvassing and proclamation process for the /;1; #ational and 'ocal Elections will be completely automated. (here is absolutely no human intervention. #o more room for mistakes and fraud.

5lying voters might not be totally refrained because registration and authentication of voters are outside the scope of the Automation 2ro8ect. .owever! the technology can limit the instances of flying voting! as each and every clustered precinct>s corresponding number of voters is programmed into the voting machine to be used. (herefore! for e3ample! a precinct has <D% voters (including the 4EIs ! the voting machine deployed there would only accept <D% casted votes.

Automated versus Manual System

Aside from the new look of the ballot and the new way of indicating vote! there are also other ma8or changes in the conduct of automated elections.

4allots will not be counted at the precinct anymore by the teachers. (hey will be counted at a centralized counting center by an AC-. (here will be added security features at different levels! aside

from the current security features in the old system. (he ballots will be printed with a security mark. (his security mark will identify to the ACif a ballot is genuine or if it has already been previously counted.(he ballots will be coded per municipality. (his means that ballots intended for a specific municipality will not be counted by a machine that is assigned to another municipality. (his is to safeguard against ballot snatching. 5or e3ample! ballots intended for 2asay City will not be counted by an AC- assigned to -anila. (he AC- accepts valid ballots only. 0ue to the security features built into the system starting from the printing of ballots! the machine is able to recognize only valid ballots for the municipality to which it is assigned. It will re8ect fake or spurious ballots! including photocopied ballots. (here will be a lesser risk in transporting ballots to the counting center. In the manual system! ballot bo3 snatching usually occurs during the wee hours of the night since counting is usually finished at nighttime. In the automated system! since the ballots will not be counted at the polling place! the ballot bo3es from the entire polling center would be transported simultaneously to the counting centers! with escorts! immediately after the closing of polls at around %?;; to D?;; 2-.

Immediately after all the ballots for one precinct have passed through the AC- for counting! the Election "eturns for the precinct would be printed out! also by the AC-! with 8ust one push of a button. Copies will still be distributed to the political parties. In the much publicized G0agdag)4awasG operation in 1$$D! sub8ect of a case filed by Senator AFuilino 2imentel! there were instances of adding a G;G to the end of a vote in the election reports! say G1;;G! to make it G1;;;G! or putting a G1G at the beginning to make it G11;;G. In the new system! this cannot be done by the machine since all it is programmed to do is to increment! or add! a vote for a candidate by G1G every time it

encounters a shaded oval in the ballot corresponding to that candidateJs name.

(he machine automatically adds the appropriate votes in each ballot to the total votes received by each candidate! as each ballot passes through the AC-. (he overall total of votes per candidate for all the ballots that are read by the machine can automatically be computed! with a corresponding printout of the result. (his eliminates Gdagdag)bawasG altogether because this is an automatic procedure. G0agdag)bawasG happened due to the manual addition of a digit to a figure! either in the beginning or at the end.

Each transaction on the machine is logged and printed out! with date and time stamps for actions! such as starting or stopping the machine! printing results! how many ballots read! reasons for stoppages! and the like.

.uman intervention is limited to telling the machine to? (a count the ballots! (b save the results to a C0! and (c print the results. (hat>s itL Appreciation of ballots is entirely done by the machine. It is no longer possible to add a digit before or after a totaled number of votes. (he machine operator cannot tell the machine to credit the vote of a candidate to another! or to increase or decrease a candidateJs vote because itJs 8ust #,( what it is programmed to do.

4oth in automated and manual system! voters go to polling centers! look for their names in the 2C6' (2osted Computerized 6oters

'ist posted near the door of the voting center. (he list will indicate the number of the polling precinct where they will vote. 2reviously in manual system! one polling precinct had appro3imately /;; voters. (his time in automated system! precincts will be clustered! with up to seven precincts in the same barangay clustered into one polling center! with a ma3imum of 1!;;; voters per clustered precinct.

Clustering ma3imizes the 2C,S machines! since one machine can count up to 1!;;; ballots. ,nce clustered! there will be appro3imately CD!;;; clustered precincts nationwide! each with one 2C,S machine.

(he voter then proceeds to his precinct and! like before! the 4oard of Election Inspectors (4EI Hteachers will look for his name in the 4ook of 6oters! and verify his photograph! specimen signature against the 6oters "egistration "ecord (6"" . 9hen it is determined that he indeed is a registered voter of that precinct! he will be given a ballot. It is at this point that one of the largest differences between the old manual voting system and the new automated election system (AES becomes apparent to the voter.

(he old ballot had blanks where you write down the names of your selected candidates. If you make a mistake or change your mind! you could write a new name over the scratched out one. In the new system! you cannot do that. (he new ballot is about /< inches long and : inches wide and is color coded per elective position. It can contain up to %;; names on the front and another %;; names on the back of the ballot. An oval is printed beside the name of each candidate. (o fill up a

ballot! a voter will have to shade the oval directly beside the selected candidate>s name. Ender each elective position! the ballot will indicate how many candidates you need to vote for. 5or e3ample! in the section for SE#A(,"S! it will indicate *6ote for not more than 1/.+

In

the

old

system!

ballots

can

be

used

interchangeably

throughout the country! since it contained blank spaces. (he ballot used in a precinct in -anila can also be used in a precinct in 4acolod. .owever! the new ballot in the AES is precinct)specific. Since the names of candidates are printed on the ballot! the candidates for congressman! governor! mayor and other local positions are specific to a district! province! andHor city! and cannot be used in another district! province andHor city.

(he ballots are barcoded down to the precinct)level! and the 2C,S machine will read the barcode and know if the ballot being inserted belongs to its clustered polling precinct. (he 2C,S will spit out or re8ect a ballot if it belongs to another clustered polling precinct.

In the old manual system! a ballot could be duplicated for dubious use. In the new ballot! ultraviolet ink will be used to create an invisible security mark. ,ther security features have also been incorporated into the new ballot. ,ne can try to duplicate a ballot! but the security features cannot be photocopied. Enlike the old ballot! you cannot erase! replace! scratch out andHor add names in the new ballot. (here will only be one ballot printed for every voter and each voter will have one chance to fill it up correctly. Mou cannot go back to the 4EI and ask for a new ballot if you make a mistake.

Automated election system is also faster than the manual system specifically because transmission of results is already electronic. 4ased on e3perience! $;A of results would arrive between < to & hours after the close of polls compared to how many days incurred using the manual system. 5actors that may delay the process are delays in transmission due to network unavailability and the need to undergo contingency procedures (contingency transmission system . 5urthermore! not all polling places are ready to at the e3act closing time! depending on voter presence and accommodation of voters beyond the closing time! as prescribed by law.

Procedure in Voting, Counting and Canvassing

Voting Ender Sec. /% of C,-E'EC "esolution #o. :C:&! promulgated on -arch ;<! /;1;! only Fualified registered voters whose names appear in the 2osted Computerized 6oters 'ist (2C6' or Election 0ay Computerized 6oters 'ist (E0C6' ! or whose registration records have not been cancelled or deactivated! may vote in the election. In case a person offering to vote has been challenged by any voter or watcher because the former has not been registered! or is using another person>s name! or is suffering from an e3isting disFualification! the 4EI shall satisfy itself as to whether or not the ground for the challenge is true by reFuiring proof of registration! identity or Fualification. (he 4EI shall identify the voter through his photograph! fingerprint! or specimen signatures in the 6"" or E0C6'. In the absence of any of the above)mentioned proof of identity! any member of the 4EI may identify

under oath a voter! and such act shall be reflected in the -inutes (Sec. /< of C,-E'EC "esolution #o. :C:& . If any voter offering to vote is challenge by any voter or watcher on the ground that he received or e3pects to receive! paid! offered or promised to pay! contributed! offered or promised to contribute money or anything of value as consideration for his vote or for the vote of another@ or made or received a promise to influence the giving or withholding of any such vote@ or made a bet or is interested directly or indirectly in a bet that depends upon the results of the election! the challenged voter shall take an oath before the 4EI that he has not committed any of the acts alleged in the challenge. Epon taking 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. /D of C,-E'EC "esolution #o. :C:& . (he 4EI shall record in the -inutes all challenges and oaths taken in connection therewith and its decision in each case (Sec. /& of C,-E'EC "esolution #o. :C:& .

4efore the voting begins the chairman of the 4EI shall show to the public and the watchers present that the 2C,S bo3 is sealed! ballot bo3 is locked and empty! and package of official ballots and the 4ook of 6oters are both duly sealed! and thereafter! break the seals. After the operator shall initialize the 2C,S by selecting G,2E# 6,(I#KG from the -ain -enu! entering the poll clerk>s 2I# for validation by the 2C,S machine and pressing the GI#I(IA'INE 6,(E C,E#(E"SG option of the 2C,S! it shall automatically print the Initialization "eport showing the NE", (G;G vote for each candidate and the geographic information (province! cityHmunicipality! barangay! voting center and cluster precinct . (hereafter! the 2C,S shall display the message G2'EASE I#SE"( 4A'',(G. #ow! the 2C,S is ready to accept ballots. (he detach

Initialization "eport! signed by the 4EI representatives of the political parties! candidates or citizens arms present! shall then be placed by the chairman inside the envelope (A1:)A C,-E'EC "esolution #o. :C:& . for submission to the Election ,fficer after the voting! for his safekeeping (Sec. << of

6oters shall cast their votes in the polling place designated by the Commission. (he 2oster Indicating the Clustered 2recinct #umber (A% shall be prominently posted near or at the door of the polling place (Sec. //! C,-E'EC "esolution #o. :C:& . (he casting of votes shall start at seven oJclock in the morning and shall end at si3 oJclock in the evening of election day. .owever! if at si3 oJclock in the evening there are still voters within thirty (%; meters in front of the polling place who have not yet cast their votes! voting shall continue but only to allow said voters to cast their votes without interruption. (he poll clerk shall! without delay! prepare a complete list containing the names of said voters consecutively numbered. (he voters listed shall be called to vote by the poll clerk by announcing each name three (% times in the order in which they are listed. Any voter in the list who is not present when called shall not be allowed to vote at any later time. (he said list shall be submitted to the Election ,fficer (Sec. /1 of C,-E'EC "esolution #o. :C:& . 0uring the voting! no member of the 4EI shall make any announcement as to whether a certain registered voter has already voted or not! 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 he make any statement at any time! e3cept as witness before a court or body as to how many persons voted (Sec. %% of C,-E'EC "esolution #o. :C:& .

Sec. 1< of "A :<%& as amended! provides that the Commission shall prescribe the manner and procedure of voting! which can be easily understood and followed by the voters! taking into consideration! among other things! the secrecy of the voting. 2ursuant to this mandate! Sec. &D of C,-E'EC "esolution #o. :C:& lay down the manner in which voting shall be conducted as follows? 1) (he voter shall! using a ballot secrecy folder and the marking pen provided by the C,-E'EC! fill his ballot by fully shading the oval beside the names of the candidates and political party participating in the party list system of representation of his choice@ 2) (he voter shall then approach the 2C,S! insert his ballot in the ballot entry slot and wait until message *C,#K"A(E'A(I,#S. M,E" 6,(E .AS 4EE# "EKIS(E"E0.+ appears on the screen. (he 4EI shall monitor the 2C,S screen to make sure that the ballot was successfully accepted. (hereafter! the voter shall return the ballot secrecy folder and marking pen to the chairman@ 3) (he 4EI shall apply indelible ink at the base and e3tending to the cuticle of the right forefinger nail of the voter! or any other nail if there be no forefinger nail@ 4) (he voter shall affi3 his thumbmark corresponding space in the E0C6'@ and 5) (he voter shall then leave the polling place. 4allots may be re8ected by the 2C,S during the scanning. (here will be three (% different types of messages when the 2C,S re8ects a ballot. If the message is *A-4IKE,ES -A"O+! the 4EI shall let the voter review his ballot and ensure that the ovals opposite the names of candidateHparty voted for are fully shaded. If the message is *-IS"EA0 4A'',(+! let the voter re)feed the ballot in < different orientations of ballot. If the message is *I#6A'I0 4A'',(+ the 4EI shall verify if the ballot belongs to the precinct. If the ballot belongs to another precinct! on the

the voter shall return the ballot to the Chairman or if the ballot belongs to the precinct! let the voter re)feed the ballot in < different orientations. In all cases! if the 2C,S re8ects a ballot! the voter shall return the ballot to the Chairman who shall distinctly mark the back thereof as *"EBEC(E0!+ and reFuire all members of the 4EI to sign at the back thereof! and place inside the Envelope for "e8ected 4allots (A1D . #o replacement ballot shall be issued to a voter whose ballot is re8ected by the 2C,S. Any party ob8ecting to the re8ection of the ballot shall reduce his ob8ection in writing! which the 4EI shall attach and note in the -inutes (Sec. %: of C,-E'EC "esolution #o. :C:& . Envelope for "e8ected 4allot shall be placed to the 4allot 4o3 upon the termination of the counting of votes and the announcement of the results of the election in the precinct (Sec. <% of C,-E'EC "esolution #o. :C:&

#o voter shall be allowed to vote as illiterate or person with disabilityHdisabled unless such fact is indicated in the E0C6' or 6"". If so! he may be assisted in the preparation of his ballot! by any relative within the fourth civil degree of consanguinity and affinity! any person of his confidence who belongs to the same household! or any member of the 4EI. A person with physically impaired capacity to use the AES may also be assisted in feeding his ballot into the 2C,S. (he assistor shall! in the presence of the illiterate or person with disabilityHdisabled voter! prepare the ballot using a ballot secrecy folder and shall ensure that the contents of the ballot are not displayed during the feeding of the same into the 2C,S. In all cases! the poll clerk shall first verify from the illiterate or person with disabilityHdisabled voter whether the latter had authorized the assistor to help him to cast his vote (Sec. %1 of C,-E'EC "esolution #o. :C:& .

Sec. %; of C,-E'EC "esolution #o. :C:& lay down the unlawful act of voters during the voting period to wit 6) 4ring the ballot! ballot secrecy folder or marking pen outside of the polling place@ 7) Speak with anyone other than as herein provided while inside the polling place@ 8) 2repare his ballot without using the ballot secrecy folder or e3hibit its contents@ 9) 5ill his ballot accompanied by another! e3cept in the case of an illiterate or person with disabilityHdisabled voter@ 10) Erase any printing from the ballot! or put any distinguishing mark on the ballot@ 11) Ese 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 identify his vote! including the use of digital cameras! cellular phones with camera or similar gadgets@ and 12) Intentionally tear or deface the ballot. 13) (o disrupt or attempt to disrupt the normal operation of the 2C,S. After the voting! the chairman in the presence of the 4EI shall! after recording Fuantity of the unused ballots in the -inutes! tear the said ballots in half lengthwise! place one half in the envelope (A1D and submit to the E, for safekeeping! place the other half in another envelope (A1D and then deposit inside the compartment of the ballot bo3 for valid ballots (Sec. %$ of C,-E'EC "esolution #o. :C:& .

Counting

Sec. 1C of ".A. :<%&! as amended! mandated the C,-E'EC to prescribe the manner and procedure of counting the votes under the automated system. 2ursuant to this mandate! the C,-E'EC promulgated Section <;! "esolution #o. :C:&. Ender the said section! as soon as the voting is finished! and after the operator closed the voting and validation of the poll clerk>s 2I#! the 2C,S shall automatically without count the votes. (he ,ne advantage of using system computersHmachines is that they would be the one to tally the votes human intervention. automated electoral mechanisms significantly reduce the chances of errors! because vote counting is based on an internal machine count rather than on individual ballots! which can be tampered with. #onetheless! counting of votes shall only be made in a public places within the cityHmunicipality or in such other places as may be designated by the C,-E'EC where the official ballots cast in various precincts of the cityHmunicipality shall be counted. 2olling places or voting centers may also be designated as counting centers (Sec. / ($ ! "A :<%&! as amended . (he C,-E'EC! however! may not designate as counting centers any building or facility located within the premises of a camp! reservation compound! headFuarters! detachment! or field office of the military! police! prison or detention bureau! or any law enforcement or investigation agency. In addition! a notice on the designated counting center(s for at least three weeks prior to election day shall be posted prominently by the election officer in hisHher office! in the bulletin boards at the cityHmunicipal hall and in three other conspicuous places in the cityHmunicipality! shall be posted in the C,-E'EC>s website and publish the notice in the local newspaper. (he said notice shall specify the precincts covered by each counting center! the number of registered voters in each of said precincts! and where the polling place or voting center is also the designated counting center! such information shall be contained in therein. (he election officer shall also

furnish a copy of the notice to the headFuarters or official address of the political parties or independent candidates within the same period (Sec. 1&! "A :<%&! as amended .

After

all the votes

have been counted!

the 2C,S

shall

automatically prints the : copies of Election "eturns (E" for national position and : copies of E" for local position. (he chairman of the 4EI shall publicly announce the total number of votes received by each candidate! stating their corresponding offices. (he poll clerk shall announce the posting of a copy of the second copy of the E" both for national and local positions on a wall within the premises of the polling placeHcounting center which must be sufficiently lighted and accessible to the public (Sec. <;! C,-E'EC "esolution #o. :C:& . Each 4EI member shall insert his i4utton security key intended for the digital signature in the i4utton security key receptacle. (hereafter! if the modem or cable is properly connected! election report shall be forwarded! though electronic transmission! to the C,-E'EC Central 4ack)Ep server and to the server for 0ominant -a8orityH-inority 2arties! Citizens Arm and O42 (Sec. <;! "esolution #o. :C:& .

In addition to that electronic transmission of E"s! hard copies of said E"s shall also be distributed (Sec. <1! C,-E'EC "esolution #o. :C:& . (he 2C,S shall automatically print the remaining twenty two (// copies of E"s! a copy of statistical report and audit log report. (he Statistical "eport and Audit 'og report shall be placed in the envelope (A1:)A where the Initialization "eport was placed (Sec. <;! C,-E'EC "esolution #o. :C:& . Apart from the electronically stored result! the

C,-E'EC shall print thirty (%; copies of the election return (Sec. 1C of ".A. :<%&! as amended . After printing all the reports the members of the 4EI shall affi3 their signatures and thumb marks on the %; printed E"s. (he 4EI shall ask the watchers present to affi3 their signature on the printed election returns. Enless otherwise ordered by the Commission! the 4EI shall not stop or postpone the counting until it has been completed. In case a 2C,S fails to count the vote or transmitHprint the results! the ,perator shall announce the error and undertake the necessary corrective measures. Should the ,perator be unable to correct the error! he shall call on the (echnical Support personnel assigned to the 6oting Center for assistance. Such fact shall be noted in the -inutes (Sec. <;! C,-E'EC "esolution #o. :C:& .

(hereafter! the 4EI shall deliver! accompanied by the watcher! the close and locked ballot bo3! the three (% keys of which shall be placed in separate envelopes which shall be sealed and signed by all members of the 4EI! that contains the copy of 2rinted E" intended for the ballot bo3@ copy of the -inutes of 6oting and Counting of 6otes intended for the ballot bo3@ half of torn unused ballots@ and re8ected 4allots! to the city or municipal treasurer. (he main memory shall be removed from the 2C,S! place inside an envelope provided for the purpose! seal the same. (he said envelope shall be labelled with *("A#S-I((E0+ or *#,( ("A#S-I((E0+ to show whether the results are transmitted or not. (he clustered precinct number and cityHmunicipality shall be indicated in the envelope. (he labelled envelope shall be submitted to the "eception and Custody Kroup of the CityH-unicipal 4oard of Canvasser. (he main memory shall be used by the 4oards in case of failure of transmission (Sec. <%! C,-E'EC "esolution #o. :C:& .

(he 4ook of 6oters! E0C6'! 2C6'! three (%

envelopes! each

containing a key to a padlock of the ballot bo3! which shall each be delivered! under proper receipt! to the 2rovincial Election Supervisor! 2rovincial 2rosecutor and 2rovincial (reasurer! Envelope (A11 containing the copy of the -inutes intended for the Commission! Envelope (A1D containing the other half of torn unused official ballots! 'ist of 6oters allowed to vote! if any! after &?;; oJclock in the evening of -ay 1;! /;1;! Envelope containing the 4ack)up -emory card! Initialization "eport! 2recinct Audit 'og "eport and 2recinct Statistics "eport! (he envelopes containing copies of the election returns intended for the 2rovincial 4oard of Canvassers! "egional 4oard of Canvassers and the Commission on Elections! and ,ther pertinent papers and documents shall also be delivered to the election officer. (he 2rovincial Election Supervisor! E, or the (reasurer! shall reFuire the 4EI which failed to deliver the election documents or paraphernalia mentioned herein to deliver the same immediately (Sec. <%! C,-E'EC "esolution #o. :C:& .

Canvassing Canvassing of votes cast for #ational or local election shall be done by the City or -unicipal 4oard of Canvassers. Ender Sec. /1 of "epublic Act #o. :<%&! as amended! the canvassing under automated election system is done by consolidating the electronically transmitted result contained in the data storage device used in printing electronic returns. ,n the other hand! district board of canvassers of each legislative district comprising two municipalities in the -etro -anila and the districtHprovincial board of canvassers canvasses the votes for national and local election by consolidating the certificates of canvass electronically transmitted from the cityHmunicipal consolidating centers

or the results contained in the data storage devices submitted by the municipal board of canvassers of the component municipalities. (he municipal! city! district and provincial certificates of canvass of votes shall each be supported by a statement of votes.

4ut before the canvassing begins! the 4oard of Canvassers (4,C ! under Section /& of C,-E'EC "esolution #o. ::;$ promulgated on -arch %;! /;1;! shall show to the public and the watchers present that the Consolidation and Canvassing System (CCS ! remove the plastic seal and open the CCS bo3. "etrieve the envelope containing the username and passwords of each member of the 4oard and the ES4 tokens and distribute the same among themselves. "etrieve the CCS laptop from its bo3 and set the same for use.

Epon receipt of the envelope containing memory card for 2C,S labelled *("A#S-I((E0+ ," *#,( ("A#S-I((E0+ from the "eception and Custody Kroup ("CK the 4oard! with the assistance of the CCS operator! shall undertake initialization procedures which encompassed setting up of CCS laptop and other device for use (e.g. printer ! connection of transmission medium (e.g. ES4 modem! 0S'! Satellite or 4KA# ! print initialization report! after signing and affi3ing their thumb marks on the certification portion of the *I#I(IA'INA(I,# "E2,"(+ the Chairman show it to the public! and place it in the envelope intended for the purpose (Section /C (a of C,-E'EC "esolution #o. ::;$ .

After initializing the CCS! the CCS operator shall check and make sure that the CCS is still online (Section /C (b of C,-E'EC "esolution #o. ::;$ . (hrough online connection! the -4,C! C4,C! 24,C or 04,C

can monitor the status of transmission on election return from polling centerHclustered precint. 5or barangays! a list of barangays for the cityHmunicipality shall be displayed! in the screen! with colored button beside the name of the barangay. (he color of the button will determine the status of transmission of the specific barangay or polling center or clustered precinctHprecinct. "ed means that transmission has not yet started@ Mellow means that transmission is on)going@ Kray means that transmission is idle@ and Kreen means that the transmission has been completed. 5or city or municipality! a list of cities and municipalities in the province shall be displayed in the screen with colored button beside the name of the cityHmunicipality. (he color of the button will determine the status of transmission of the specific cityHmunicipality. "ed means that transmission has not yet started. Mellow means that transmission is on)going. Kray means that transmission is idle@ and Kreen means that the transmission has been completed. (o monitor the transmission from a particular cityHmunicipality! click on the cityHmunicipality name and click on the board of canvasser>s name. (he status of the results will be displayed (Section /C (c of C,-E'EC "esolution #o. ::;$ .

In case failure of transmission of election returns! via electronic transmission! from the polling places! the C4,CH-4,C! with the help of the CCS operator! shall import the election returns using the memory cards retrieved from "CK an envelope labelled with *#,( ("A#S-I((E0+. .owever! in importing election returns by 04,CH24,C it shall use C0s! retrieved from "CK an envelope labelled with *#,( ("A#S-I((E0+! instead of memory cards. After all the transmission is done! the memory cards used shall be returned to its original envelop and change its label to *("A#S-I((E0+. All memory cards that have already been processed shall be submitted to the Election ,fficer for

safekeeping (Section /C (d of C,-E'EC "esolution #o. ::;$ .

Ender Section /D of "epublic Act #o. :<%&! as amended! upon completion of the canvass! the -4,CHC4,C or the -4,C of component municipality in a legislative district in the -etro -anila area shall print the certificate of canvass of votes for president! vice)president! senators and members of the .ouse of "epresentatives. (he city board of canvassers of cities comprising one or more legislative districts shall! or the district board of canvassers of each municipality comprising a legislative district in the -etro -anila area! or the district board of canvassers of each legislative district comprising two municipalities in the -etro -anila area! or the districtHprovincial board of canvassers upon completion of the canvass! produce the canvass of votes for president! vice)president! and senators.

4efore generating and printing C,C! the CCS operator must first generate and print a consolidated Canvass "eport. In generation and printing of Certificate of Canvass (C,C ! the 4oard shall generate! with the help of the CCS operator! the C,C if all e3pected clustered precincts (for CH-4,C or cityHmunicipal results (for 24,CH04,C have been received. If not all of the e3pected results are received! the -4,CHC4,CH04,C shall verify from the 4EI concerned the reason for the non)transmittal of the results. 'ikewise! the 24,C shall verify from the -4,CHC4,C concerned the reason for the incomplete or non) transmittal of the municipalHcity results. If! based on the verification! it becomes clear that there is no way that the lacking results can be transmitted to the -4,CHC4,CH04,C or 24,C! as the case may be! and said results will no longer affect the result of the election in a particular position! the 4oard shall! generate and print the certificate of

canvass by position. If! based on the verification! it becomes clear that there is no way for the lacking results to be transmitted to the -4,CHC4,CH04,C or 24,C! as the case may be! and said results will affect the standing of the candidates in a particular position! the 4oard shall! through the Information (echnology 0epartment! ask from the Commission authority to generate and print the certificate of canvass for that particular position and to proclaim as winners! the candidates whose standing are not affected by the lacking results (Section /C (e of C,-E'EC "esolution #o. ::;$ .

After generating and printing eight (: copies of the C,Cs for all positions and announcing the results! the 4oard! through the CCS operator! shall immediately transmit the C,Cs to the Canvassing 4oards concerned! and to the central server (Section /C (f of C,-E'EC "esolution #o. ::;$ . (he certificates of canvass transmitted electronically and digitally signed shall be considered as official election results and shall be used as the basis for the proclamation of a winning candidate (Sec. /D! "A #o. :<%&! as amended .

After transmission of the C,Cs to the Canvassing 4oards concerned and to the central server! print the remaining twenty two (// copies of the C,Cs for all positions (Section /C (g of C,-E'EC "esolution #o. ::;$ . (hereafter! Consolidation Statement of 6otes (S,6 ! shall be generated and print four < copies thereof (Section /C (h of C,-E'EC "esolution #o. ::;$ .

In generating Certificate of Canvass and proclamation! if no candidates receive the same number of votes for a position or there is

a tie! the screen will display the list of names of candidates for said position arranged in the order depending on the votes garnered from highest to lowest. In case of a tie! the 4oard shall first decide who the winners are for the particular position. 5or this purpose! the 4oard shall! after recording in its -inutes the fact of having candidates receiving the same number of votes for the position! immediately notify the said candidates to appear before the 4oard for the drawing of lots to break the tie. (he drawing of lots should be conducted within one (1 hour after issuance of notice by the 4oard to the candidates concerned. 5or this purpose! the candidates or their representatives for municipalHcity or -ember! .ouse of "epresentative positions! in the case of -4,CHC4C,CH04,C! or the candidates or their representatives for provincial positions and -ember! .ouse of "epresentatives! in the case of 24,C! are hereby reFuired to be present at all stages of the canvass. After the 4oard has determined the winnerHs! the 4oard shall arrange in the CCS the order of the names of the winning candidateHs and print seventeen (1C copies of C,C2. (he 4oard shall proclaim as elected! the winning candidates. (he candidate who won in the drawing of lots and so proclaimed shall have the right to assume office in the same manner as if he had been elected by plurality of votes (Section /C (i of C,-E'EC "esolution #o. ::;$ . (here After! the 4,C concerned shall print copy of audit log (Section /C (8 of C,-E'EC "esolution #o. ::;$ .

Immediately after printing copies of the C,Cs! S,6s and C,C2! the 4oard shall affi3 their signatures and thumb marks on the printed C,Cs! S,6s and C,C2. (he watchers present shall also affi3 their signatures and thumb marks on the printed C,Cs! S,6 and C,C2. (he Chairman of the 4oard shall publicly announce the total number of votes received by each candidate! stating their corresponding offices.

(he -ember)Secretaries shall announce the posting of the C,Cs on the wall within the premises of the canvassing area. (he -ember) Secretaries shall place in the corresponding envelopes with paper seals all reports (Section /C (k of C,-E'EC "esolution #o. ::;$ .

After all the results of canvassing have been transmitted! the CCS ,perator shall process back)up files on the result of canvassing using blank disc or C0. After the back)up process is finished! the used C0s containing the data in the canvassing result shall be placed inside an envelope provided for the purpose and seal the same and label it with *("A#S-I((E0+ or *#,( ("A#S-I((E0+ to show whether the results are transmitted or not. (he said envelope shall be signed and indicate therein the cityHmunicipality and province and sign the envelope. Submit to the "eception and Custody Kroup of the 2rovincial 4oard of Canvasser (for CH-4,C H#ational 4oard of Canvassers (for 24,C . 4ack)up the files in two (/ additional discs and turn)over the same to the Chairman. (he two (/ discs used to back)up the of C,-E'EC cityHmunicipal or provincial results! duly sealed shall be submitted to the 24,CHC,#K"ESS and Commission (Section /C (l "esolution #o. ::;$ .

9ithin one hour after the canvassing! the Chairman of the district or provincial 4oard of Canvassers or the city board of canvassers of those cities which comprise one or more legislative districts shall electronically transmit the certificate of canvass to the commission sitting as the national board of canvassers for senators and party)list representatives and to the Congress as the #ational 4oard of Canvassers for the president and vice president! directed to the 2resident of the Senate (Sec. /D! "A #o. :<%&! as amended .

(he certificate of canvass of votes for president! vice)president! senators! members of the .ouse of "epresentatives! parties! organization or coalitions participating under the party)list system and elective provincial officials shall be produced by the city or municipal board of canvassers shall be distributed! the first copy to the provincial board of canvassers@ the second copy to the C,-E'EC@ the third copy to the chairman of the board@ the fourth copy to the citizen arm designated by the Commission to conduct an unofficial count@ the fifth copy to Congress! directed to the 2resident of Senate@ the si3th copy to be posted on a wall within the premises of the canvassing center@ the seventh and eighth copies shall be given to the dominant ma8ority and minority parties@ the ninth to eighteenth copies shall be given to the ten (1; accredited ma8or national parties! e3cluding the dominant the nineteenth and twentieth copies ma8ority and minority parties@

shall be given to the two accredited ma8or local parties in accordance with a voluntary agreement among them@ the twenty)first to the twenty)fifth copies to national broadcast or print media entities as may be eFuitably determined by the Commission in view of propagating the copies to the widest e3tent possible@ the twenty)si3 and twenty)seven copies! to local broadcast or print media entities as may be eFuitably determined by the Commission in view of propagating the copies to the widest e3tent possible@ and the twenty)eighth to the thirtieth copies! to the ma8or citizensJ arms! including the accredited citizensJ arm! and other non)partisan groups or organizations enlisted by the commission (Sec. /& (a ! "A #o. :<%&! as amended .

(he certificate of canvass of votes for president! vice)president and senators! parties! organization or coalitions participating under the

party)list system shall be produced by the city boards of canvassers of cities comprising one or more legislative districts! by provincial boards of canvassers and by district boards of canvassers in the -etro -anila area! and other highly urbanized areas shall be distributed! the first copy! to congress ! directed to the president of the Senate for use in the canvass of election results for president and vice)president@ the second copy! to the Commission for use in the canvass of the election results for senators@ the third copy! shall be kept the chairman of the board@ the fourth copy! to the citizensJ arm designated by the Commission to conduct an unofficial count@ the fifth copy to Congress! directed to the 2resident of the Senate@ the si3 copy to be posted on a wall within the premises of the canvassing center@ the sevent copy to the dominant ma8ority and eight copy to minority parties@ the ninth and tenth copies to two accredited ma8or national parties representing the ma8ority and minority! e3cluding the dominant ma8ority and minority parties@ the eleventh to thirteenth copies to broadcast media entities as may be eFuitably determined by the Commission in view of propagating the copies to the widest e3tent possible@ and the fourteenth copy to another citizensJ arm or in the absence thereof! to a non)partisan group or organization enlisted by the Commission (Sec. /& (b ! "A #o. :<%&! as amended .

It shall be the duty of the citizensJ arm to furnish independent candidates copies of the certificate of canvass at the e3pense of the reFuesting party. Such citizensJ arm or non)partisan group or organization may use the copy of election return for the conduct of citizensJ Fuick counts at the local or national levels. (he board of canvassers shall furnish all other registered parties copies of the certificate of canvass at the e3pense of the reFuesting party (see Sec. /&! "A #o. :<%&! as amended

(he certificates of canvass printed by the provincial! district! city or municipal boards of canvassers shall be signed and thumb marked by the chairman and members of the board and the principal watchers! if available. (hereafter! it shall be sealed and placed inside an envelope which shall likewise be properly sealed. In all instances! where the board of Canvassers has the duty to furnish registered political parties with copies of the certificate of canvass! the pertinent election returns shall be attached thereto! where appropriate (Sec. /& (c ! "A #o. :<%&! as amended .

COMELEC

esolutions

Some important resolutions relating to the procedure in voting! counting and canvassing have already been discussed earlier.ut 9hat will follow are other resolutions noteworthy of mentioning.

It was in 5ebruary :! /;;: that C,-E'EC issued "esolution #o. :<1D where it ordered the automation of the elections in -aguindanao using the 0irect "ecording Electronic (0"E technology in -aguidanao and ,ptical -ark "eader (,-" technology in other parts of the region. (he 0"E system is a touch)screen voting machine! while the ,-" is a ballot)counting machine.

5or the conduct of -ay 1;! /;1; nationwide automated elections! the Commission on Elections promulgated several important resolutions to regulate the conduct of automated elections. Among them is C,-E'EC"esolution #o. ::;<! dated -arch //! /;1; entitled

*C,-E'EC "ules of 2rocedure on 0isputes in an Automated Election System in connection with the -ay 1;! /;1; Elections.+

Another one is C,-E'EC "esolution :C:&.

9hile "epublic Act

$%&$ states that G(he election returns transmitted electronically and digitally signed shall be considered as official election results and shall be used as the basis for the canvassing of votes and the proclamation of a candidate.G! the Commission on Elections (C,-E'EC issued "esolution :C:& on -arch <! /;1; which became the basis for the decision to remove digital signatures which the C,-E'EC ruled as no longer necessary. (hree 4oard of Election Inspectors (4EIs were originally reFuired to put in their i4utton Oey for the results to be digitally signed before transmission and make it official. 4ut because of the issuance of C,-E'EC "esolution :C:&! 4EIs were directed to press G#oG when asked by the 2C,S machines to digitally sign the files for transmission.

In the 8oint committee at 4atasang2ambansa! Sen. Enrile asked the C,-E'EC officials why they removed the use of the digital signatures. Smartmatic Asia 2acific president! Cesar 5lores said *(he voting machine has a digital signature in itself which is also corroborated in the card and the password that is provided to the 4EIs. 9hen the 4EIs sign the password! they encrypt the result! and the result is digitally signed.+

!uris"rudence ROQUE, JR., et al., vs. COMMISSION ON ELECTIONS

K.". #o. 1::<D& September 1;! /;;$

5acts?

2ursuant to ".A :<%&! as amended! authorizing the adoption of an automated election system (AES in the -ay 11! 1$$: national and local elections and onwards! the C,-E'EC released the "eFuest for 2roposal ("52 ! also known as (erms of "eference ((," ! for the nationwide automation of the voting! counting! transmission! consolidation and canvassing of votes for the -ay 1;! /;1; Synchronized #ational and 'ocal Elections. (I-)Smartmatic was declared as the best complying bidder. (he S4AC then directed the 8oint venture to undertake post) Fualification screening! and its 2C,S prototype machines==the Smarmatic Auditable Electronic System (SAES 1:;;==to undergo end)to)end testing to determine compliance with the pre)set criteria.

(he S4AC (echnical 9orking Kroup ((9K stated that it was undertaking a <)day (-ay /C to -ay %;! /;;$ test evaluation of (I- and Smartmatic>s proposed 2C,S pro8ect machines. Its conclusion? G(he demo systems presented 2ASSE0 all tests as reFuired in the /&)item criteria specified in the P"52QG with 1;;A accuracy rating.

,n Bune $! /;;$! C,-E'EC! issued "esolution #o. ("es. :&;: authorizing the S4AC to issue! sub8ect to well)defined conditions! the notice of award and notice to proceed in favor of the winning 8oint venture. (wo days after! the C,-E'EC and Smartmatic (I- Corporation! as provider! e3ecuted a contract for the lease of goods and services. ,n the same date! a #otice to 2roceed was sent to! and received by! Smartmatic (ICorporation.

2etitioners .. .arry '. "oFue! Br.! et al.! suing as ta3payers and concerned citizens! seek to nullify respondent C,-E'EC>s award of the /;1; Elections Automation 2ro8ect (automation

pro8ect to the 8oint venture of (otal Information -anagement Corporation ((I- and Smartmatic International Corporation (Smartmatic 1 and to permanently prohibit the C,-E'EC! (Iand Smartmatic from signing andHor implementing the corresponding contract)award. (o them! the automated election system and the untested technology C,-E'EC has chosen and set in motion are pregnant with risks and could lead to a disastrous failure of elections. Comelec! they allege! would not be up to the challenge. Cheating on a massive scale! but this time facilitated by a machine! is perceived to be a real possibility.

Issues? 14) ,n whether or not the failure of the C,-E'EC to conduct any pilot testing of the 2C,S machine in violation of Sec &! "A :<%&! as amendedI 15) ,n whether or not 2C,S machines thus offered by! Smartmatic (I- satisfy the minimum system capabilities set by "A #o. :<%& as amended by "A #o. $%&$I 16) ,n whether or not the C,-E'EC)Smartmatic)(ICorporation automation contract is in violation of the Constitution since it constitutes a wholesale abdication of the poll body>s constitutional mandate for election law enforcementI .eld? 17) 2ilot (esting #ot #ecessary As may be noted! Sec. & of "A :<%& may be broken into three essential parts! the first partaking of the nature of a general policy declaration? that C,-E'EC is authorized to automate the entire elections. (he second part states that for the regular national and local elections that shall be held in -ay /;;C! C,-E'EC shall use the AES! with an option! however! to undertake automation! regardless of the technology to be selected! in a limited area or! to be more precise! in at least two highly urbanized cities and two provinces each in 'uzon! 6isayas! and -indanao to be chosen by the C,-E'EC. ,n the other hand! the last part! phrased sans reference to the -ay /;;C elections! commands thus? GPIQn succeeding regular national or local elections! the Pautomated election systemQ shall be implemented.G (aken in its proper conte3t! the last part is indicative of the legislative intent for the -ay /;1; electoral

e3ercise to be fully automated! regardless of whether or not pilot testing was run in the /;;C polls.

(o argue that pilot testing is a condition precedent to a full automation in /;1; would doubtless undermine the purpose of "A $%&$. 5or! as aptly observed during the oral arguments! if there was no political e3ercise in -ay /;;C! the country would theoretically be barred forever from having full automation.

In perspective! what may be taken as mandatory prereFuisite for the full automation of the /;1; regular nationalH local elections is that the system to be procured for that e3ercise be a technology tested either here or abroad. 9hile the underscored portion makes reference to a G/;;C pilot e3ercise!G what it really e3acts is that! for the automation of the -ay /;1; and subseFuent elections! the 2C,S or any AES to be procured must have demonstrated its capability and success in either a local or a foreign electoral e3ercise. And as e3pressly declared by the provision! participation in the /;;C electoral e3ercise is not a guarantee nor is it conclusive of the system>s fitness. In this regard! the Court is inclined to agree with private respondents> interpretation of the underscored portion in Fuestion? G(he provision clearly conveys that the PAESQ to be used in the /;1; elections need not have been used in the /;;C elections! and that the demonstration of its capability need not be in a previous 2hilippine election. 0emonstration of the success and capability of the 2C,S may be in an electoral e3ercise in a foreign 8urisdiction.G As determined by the C,-E'EC! the 2C,S system had been successfully deployed in previous electoral e3ercises in foreign countries! such as ,ntario! Canada@ and #ew Mork! ESA! albeit Smartmatic was not necessarily the system provider.

4ut then! "A $%&$ does not call for the winning bidder of the /;1; automation pro8ect and the deploying entityHprovider in the foreign electoral e3ercise to be one and the same entity. #either does the law incidentally reFuire that the system be first used in an archipelagic country or with a topography or a voting population similar to or appro3imating that of the 2hilippines. 18) 2C,S -eets -inimum Capabilities Standards 5rom the records before us! the Court is fairly satisfied that

the C,-E'EC has adopted a rigid technical evaluation mechanism! a set of /&)itemHcheck list criteriato ensure compliance with the above minimum systems capabilities.

(he S4AC -emorandum of Bune ;%! /;;$! as approved by C,-E'EC "es. :&;:! categorically stated that the S4AC)(9K submitted its report that (I-HSmartmatic>s proposed systems and machines 2ASSE0 all the end)to)end demo tests using the aforementioned /&)item criteria! inclusive of the accuracy rating test of at least $$.$DDA. As appearing in the S4AC)(9K report! the corresponding answersHremarks to each of the /& individual items are as herein indicated? Apropos the counting)accuracy feature of the 2C,S machines! petitioners no less impliedly admit that the web page they appended to their petition! showing a /A to 1;A failing rate! is no longer current. And if they bothered to e3amine the current website of Smartmatic specifically dealing with its SAES 1:;;! the 2C,S system it offered! they would have readily seen that the advertised accuracy rating is over G$$.$$$$$A.G -oreover! a careful scrutiny of the old webpage of Smarmatic reveals that the /A to 1;A failure rate applied to Goptical scannersG and not to SAES. Met the same page discloses that the SAES has G1;;AG accuracy. Clearly! the alleged /A to 1;A failing rate is now irrelevant and the Court need not belabor this and the eFually irrelevant estoppel principle petitioners impose on us.

IntervenorCuadra>s concern relates to the auditability of the election results. In this regard! it may suffice to point out that 2C,S! being a paper)based technology! affords audit since the voter would be able! if need be! to verify if the machine had scanned! recorded and counted his vote properly. -oreover! it should also be noted that the 2C,S machine contains an 'C0 screen! one that can be programmed or configured to display to the voter his votes as read by the machine.

19) #o Abdication of C,-E'EC>s -andate and "esponsibilty (he first function of the C,-E'EC under the Constitution== and the ,mnibus Election Code for that matter==relates to the enforcement and administration of all laws and regulations relating to the conduct of elections to public office to ensure a

free! orderly and honest electoral e3ercise. And how did petitioners come to their conclusion about their abdication theoryI 4y acceding to Art. %.% of the automation contract! C,-E'EC relinFuished! so petitioners claim! supervision and control of the system to be used for the automated elections. (o a more specific point! the loss of control! as may be deduced from the ensuing e3changes! arose from the fact that C,-E'EC would not be holding possession of what in I( 8argon are the public and private keys pair.

(he Court is not convinced. (here is to us nothing in Art %.% of the automation contract! even if read separately from other stipulations and the provisions of the bid documents and the Constitution itself! to support the simplistic conclusion of abdication of control pressed on the Court.

Insofar as pertinent! Art %.% reads?(he 2",6I0E" shall be liable for all its obligations under this 2ro8ect and the performance of portions thereof by other persons or entities not parties to this Contract shall not relieve the 2",6I0E" of said obligations and concomitant liabilities.

S-A"(-A(IC! as the 8oint venture partner with the greater track record in automated elections! shall be in charge of the technical aspects of the counting and canvassing software and hardware! including transmission configuration and system integration. S-A"(-A(IC shall also be primarily responsible for preventing and troubleshooting technical problems that may arise during the elections. (Emphasis added.

(he proviso designating Smartmatic as the 8oint venture partner in charge of the technical aspect of the counting and canvassing wares does not to us translate! without more! to ceding control of the electoral process to Smartmatic. It bears to stress that the aforesaid designation of Smartmatic was not plucked from thin air! as it was in fact an eligibility reFuirement imposed! should the bidder be a 8oint ventureR333

9ith the view we take of the automation contract! the role

of Smartmatic (I- Corporation is basically to supply the goods necessary for the automation pro8ect! such as but not limited to the 2C,S machines! 2Cs! electronic transmission devices and related eFuipment! both hardware and software! and the technical services pertaining to their operation. As lessees of the goods and the back)up eFuipment! the corporation and its operators would provide assistance with respect to the machines to be used by the C,-E'EC which! at the end of the day! will be conducting the election thru its personnel and whoever it deputizes.

Local and International

ece"tion

A survey conducted by the Social 9eather Stations (S9S showed that an overwhelming ma8ority (CDA of 5ilipinos were very satisfied with the conduct of the automated elections. (he survey also found that voters regarded the /;1; elections one of the most)credible and transparent in 2hilippine history.

5oreign embassies were of the opinion that the automated polls were successful. Ambassador Alistair -ac0onald of the EE said that he was Gimpressed by the manner in which this first nationwide automated election was conducted.G (he ES embassy! for their part! congratulated the 5ilipino people for holding its first automated polls citing the e3ercise as *another milestone in the 2hilippines> democratic history.+

In /;11! (he Carter Center! a global peace and health organization founded by former ES 2resident Bimmy Carter! cited S-A"(-A(IC and the C,-E'EC for the *relatively high public confidence and trust on the use of optical mark recognition

technology.+ In a <&)page report on its mission to observe the /;1; 2hilippine Automated Elections! the Carter Center said that *such a success is a credit to the hard work of C,-E'EC and S-A"(-A(IC as well as the commitment of the people of the 2hilippines toward increasingly transparent elections.+

Conclusion (he paper discussed the advent of automated elections that dawned upon us! 5ilipinos during the previous elections. It provided a background on the basics of automated elections! the components needed to make it possible! the innovations introduced in the election system including the advantages and disadvantage! the legal basis upon which the automated election system is anchored including the related C,-E'EC resolutions and legal 8urisprudence! the comparison between automated and manual elections! the procedure in voting! counting and canvassing under the automated elections and the public reception of the election turnout. It can then be concluded that automated elections is really very well possible in the 2hilippines based on e3perience. (he long)term benefits of the said platform for voting greatly e3ceed the costs that it would entail making it a good investment for our country. 4ut even if this new voting platform is grounded on technology and is streamlined by modernity! it is still not foolproof. 2roblems were discussed

regarding the possibility of hacking and the crashing of the system but it can still be considered safer than the manual voting system that we have been implementing for so long now. It can also be deduced that the implementation of the automated elections will not only strengthen the integrity of our votes but in the process close the digital divide that we are e3periencing right now. 4y training our people to use IC(! we are making them ready to use it for more things to come)not 8ust for mere electoral usage. (o end! our country might be a long way to go from being industrialized and fully prepared to reap the benefits of IC( in every ma8or part of our everyday lives! but the conduct of the /;1; onlineHautomated elections is a still a big step forward towards the achievement of a truly democratic and honest elections and the closure of the digital divide as a whole. ,ur infrastructures might not be at par to other countries and our people might not be fully informed and trained yet! but these shortcomings can be greatly remedied if we are eFuipped with the willingness to learn and adapt to our ever)changing world. e"orters 0iego! Al Bahlil Edralin! .arold 4.

Sources Internet 1. C,-E'EC Election Automation Introduction (http?HHwww.comelec.gov.phHmodernizationHautomationSofStheSel ectionSprocess.html /. 2oll automation timeline

(http?HHwww.gmanetwork.comHnewsHstoryH11/:$CHnewsHpoll) automation)timeline %. /;1; Automated elections in the 2hilippines (http?HHen.wikipedia.orgHwikiH2hilippineSgeneralSelection!S/;1; <. 2hilippine Automated Election System! an impending doomI (http?HHfrontlinesms.ning.comHgroupHelectionmonitoringHforumHtopicsH philippine)automated)electionI3gSsourceTactivity D. 2rocedure in voting! counting and canvassing (http?HHiskwiki.upd.edu.phHinde3.phpH,nlineHAutomatedSElections SinStheS2hilippines &. -anual versus automated election (http?HHwww.newsflash.orgH/;;<H;/HtlHtl;1%<1:.htm

Videos 1. 6oters Education Campaign 22C"6 /. Uuick Kuide to the 2hilippine Automation C,-E'EC %. 5uture 2erfect Automated Elections A#C

A##E$% List of COMELEC

esolutions

C,0E

TITLE IN THE MATTER OF THE NUMBER OF PRECINCT COUNT OPTICAL SCAN (PCOS) MACHINES TO BE DELIVERED TO THE COURTS WITH PENDING ELECTION PROTEST CASES FOR AUTHENTICATION CONNECTION OF OFFICIAL MAY BALLOTS 10, USED IN

DATE

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06 J !" #$ 2011

WITH

THE

2010 AUTOMATED

NATIONAL AND LOCAL ELECTIONS; AND CORRESPONDING FEES THEREFOR IN THE MATTER OF ADOPTING RULES OF PROCEDURE FOR THE RECOUNT OF BALLOTS SUBJECT OF ELECTION PROTEST "esolution #o. $1;< CASES FILED WITH THE COMMISSION ON ELECTIONS IN CONNECTION WITH THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS, AMENDING PORTIONS OF SECTION 6, RULE 1% OF COMELEC RESOLUTION NO& ''0( PROMULGATED ON MARCH 22, 2010& GUIDELINES ON THE ESTABLISHMENT AND OPERATION OF "esolution #o. $;&C COMELEC CHEC/POINTS IN CONNECTION WITH THE 1% O01*.,# 2010 NOVEMBER 1), 2010 SPECIAL ELECTIONS IN THE PROVINCE OF BASILAN, FIRST LEGISLATIVE DISTRICT OF BULACAN AND CERTAIN AREAS IN LANAO DEL SUR& IN THE MATTER OF E2TENDING THE PERIOD OF FILING THE "esolution #o. :$$% REPORT ON ELECTORAL CONTRIBUTIONS AND 1% J"!, 2010 E2PENDITURES IN CONNECTION WITH THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS PURSUANT TO COMELEC RESOLUTION NO& '3((& IN THE MATTER OF ANNULING THE PROCLAMATION OF "esolution #o. :$:$ WINNING CANDIDATES WHERE FIELD TESTING AND SEALING RESULTS INSTEAD OF ELECTION DAY RESULTS HAVE BEEN TRANSMITTED TO THE MUNICIPAL 4 CITY OR PROVINCIAL BOARD OF CANVASSERS& GUIDELINES AND PROCEDURES IN THE CONDUCT OF SPECIAL ELECTIONS IN SOME AREAS WHERE THERE ARE FAILURE OF 2' M $ 2010 10 J"!, 2010 )0 N*+,-.,# 2010

"esolution #o. :$&D

ELECTIONS DURING THE CONDUCT OF THE MAY 10, 2010 NATIONAL ELECTIONS& IN THE MATTER OF ALLOCATING ADDITIONAL RENUMERATION "esolution #o. :$&% "esolution #o. :$<C "esolution #o. :$<< TO THE BOARD OF ELECTION INSPECTORS (BEI) AND DEPED PERSONNEL WHO SERVED THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS& SUPPLEMENTAL RANDOM MANUAL AUDIT PROCEDURES& RULES AND REGULATIONS GOVERNING ELECTORAL 2% M $ 2010 2% M $ 2010 25 M $ 2010

CONTRIBUTIONS AND E2PENDITURES IN CONNECTION WITH THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS& RULES AND REGULATIONS FOR THE MANUAL RECONCILIATION OF ELECTION RESULTS, AND MANUAL CANVASS OF HARD COPIES OF ELECTION RETURNS AND CERTIFICATES OF CANVASS IN CONNECTION WITH THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS& IN THE MATTER OF CORRECTING FILES UPLOADED TO THE

"esolution #o. :$/%

1% M $ 2010

"esolution #o. :$1<

CONSOLIDATION AND CANVASSING SERVERS USING THE FINAL TESTING AND SEALING RESULTS IN CONNECTION WITH THE MAY 10, 2010 SYNCHRONI6ED NATIONAL AND LOCAL ELECTIONS& IN THE MATTER OF LOWERING OF THE THRESHOLD OF THE CANVASSING AND CONSOLIDATION SYSTEM IN CONNECTION WITH THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS IN THE MATTER OF THE AMENDMENT TO SECTION 25 OF COMELEC RESOLUTION NO& ''10 PROMULGATED MARCH )0, 2010& IN THE MATTER OF THE ISSUES THAT MIGHT ARISE DURING THE FINAL TESTING AND SEALING AND ON ELECTION DAY IN THE MATTER OF THE GUIDELINES FOR ENGAGING CITI6EN JOURNALISTS& IN THE MATTER OF THE ADOPTION OF REMEDIAL MEASURES FOR CANVASSING AND CONSOLIDATION SYSTEMS THAT HAVE DEFECTIVE USB TO/ENS IN CONNECTION WITH THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS IN THE MATTER OF ALLOWING THE COMELEC CENTRAL SERVER AND THE SERVER INTENDED FOR THE DOMINANT MAJORITY PARTY, DOMINANT MINORITY PARTY, /BP AND CITI6ENS ARM TO ACCEPT ELECTRONICALLY TRANSMITTED PRECINCT RESULTS FROM PRECINCTS THAT HAVE 11 M $ 2010 11 M $ 2010 12 M $ 2010

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11 M $ 2010 11 M $ 2010

11 M $ 2010

11 M $ 2010

TRANSMITTED ELECTION RESULTS BEFORE THE CLOSE OF POLLS IN CONNECTION WITH THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS IN THE MATTER OF AMENDING CERTAIN PROVISIONS OF "esolution #o. ::$: COMELEC RESOLUTION NO& '')5 DATED )0 APRIL 2010 ENTITLED 7IN THE MATTER OF THE GENERAL INSTRUCTIONS FOR THE CONDUCT OF A RANDOM MANUAL AUDIT (RMA) FOR THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS& IN THE MATTER OF THE ACCREDITATION OF THE /APISANAN "esolution #o. ::$C "esolution #o. ::$& NG MGA BROD/ASTER NG PILIPINAS (/BP) AS THE MEDIA ORGANI6ATION ENTITLED TO RECEIVE 23TH COPY OF THE ELECTION RETURNS IN THE MATTER OF E2TENDING THE CLOSING OF POLLS ON MAY 10, 2010 ELECTION DAY IN THE MATTER OF THE LETTER RE8UEST OF LEGAL NETWOR/ FOR TRUTHFUL ELECTIONS (LENTE) THAT THEY "esolution #o. ::$D BE ENTITLED TO THE 2319 COPY OF THE ELECTION RETURNS TO BE PRINTED BY THE PRECINCT COUNT OPTICAL SCAN MACHINES FOR THE MAY 10, 2010 NATIONAL AND LOCAL "esolution #o. ::$% "esolution #o. ::$1 "esolution #o. :::C ELECTIONS& CONTINGENCY PROCEDURE FOR THE TESTING OF THE PRECINCT COUNT OPTICAL SCAN (PCOS) MACHINES GENERAL INSTRUCTIONS FOR THE CANVASS OF VOTES AND PROCLAMATION OF THE RESULTS OF THE ELECTION FOR SENATORS AND PARTY LIST REPRESENTATIVES IN THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS& IN THE MATTER OF PLACING CERTAIN AREAS IN THE COUNTRY UNDER COMELEC CONTROL IN THE MATTER OF THE ACCREDITATION OF THE DOMINANT MAJORITY PARTY, THE DOMINANT MINORITY PARTY AND THE SI2, (6) ACCREDITED MAJOR POLITICAL PARTIES IN 05 M $ 2010 CONNECTION WITH THE MAY 10, 2010 SYNCHRONI6ED NATIONAL AND LOCAL ELECTIONS7& CLEANSING OF THE LISTS OF VOTERS THROUGH THE AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM (AFIS) DEPUTATION OF THE DEPARTMENT OF SCIENCE AND TECHNOLOGY TO PROVIDE TECHNICAL 05 M $ 2010 ASSISTANCE4SUPPORT TO THE NATIONAL DATA CENTERS IN CONNECTION WITH THE MAY 10, 2010 NATIONAL : LOCAL ELECTIONS& 10 M $ 2010 10 M $ 2010 11 M $ 2010

10 M $ 2010

03 M $ 2010

0' M $ 2010

0' M $ 2010

"esolution #o. :::&

"esolution #o. :::/

05 M $ 2010

"esolution #o. ::C$

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IN THE MATTER OF THE MEMBERS OF THE BOARD OF ELECTION INSPECTORS (BEI;) WHOSE REGISTRATION 05 M $ 2010 RECORDS WERE INADVERTENTLY DEACTIVATED IN THE MATTER OF THE CUSTODY AND AVAILABILITY OF THE PCOS TRANSMISSION DEVICE (MODEM) TO BE USED IN THE TRANSMISSION OF RESULTS FOR THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS& IN THE MATTER OF THE RE8UEST IN BEHALF OF THE SOUTH 05 M $ 2010

"esolution #o. ::CC

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/OREA<NATIONAL ELECTIONS COMMISSION (S/<NEC) FOR E2EMPTION FROM FILING OF APPLICATION FOR 05 M $ 2010 ACCREDITATION OF FOREIGN OBSERVERS PURSUANT TO COMELEC RESOLUTION NO& '56) IN THE MATTER OF THE RE8UEST OF THE INTERNATIONAL

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FOUNDATION FOR ELECTORAL SYSTEM (IFES), INDONESIA OFFICE TO OBSERVE THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS IN THE MATTER OF THE RECOMMENDATION OF THE PMO<

06 M $ 2010

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TECHNOLOGY GROUP ON THE PROBLEMS IDENTIFIED IN THE 0% M $ 2010 CONFIGURATION OF THE PRECINCT<COUNT OPTICAL SCAN (PCOS) AND CONSOLIDATION4 CANVASSING SYSTEM (CCS) E2TENSION OF THE PERIOD FOR FINAL TESTING AND SEALING OF THE PRECINCT COUNT OPTICAL SCAN (PCOS) MACHINES AMENDMENTS TO THE RULES AND REGULATIONS ON DETAINEE VOTING IN CONNECTION WITH THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS& IN THE MATTER OF THE CLUSTERING OF VOTING CENTERS IN THE PROVINCES OF BASILAN AND SULU IN CONNECTION WITH THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS IN THE MATTER OF LOCAL CANDIDATES DIS8UALIFIED4CANCELLED 4 DENIED DUE COURSE4 WITHDRAWN THEIR CERTIFICATES OF CANDIDACY FOR THE MAY 10, 2010 AUTOMATED ELECTIONS CONTINGENCY PROCEDURES TO BE ADOPTED AS 01 M $ 2010 0( M $ 2010 0% M $ 2010 0% M $ 2010

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SUPPLEMENT TO THE GENERAL INSTRUCTIONS TO THE BOARD OF ELECTION INSPECTORS (BEI) AND BOARD OF CANVASSERS TRANSMISSION (BOC) OF ON THE VOTING, AND COUNTING, IN THE RESULTS,

CANVASSING4CONSOLIDATION OF ELECTION RESULTS IN

CONNECTION WITH THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS& IN THE MATTER OF THE PRINTING OF THE ELECTION DAY COMPUTERI6ED VOTERS LIST (EDCVL) FOR USE IN THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS IN THE MATTER OF THE GENERAL INSTRUCTIONS FOR THE CONDUCT OF A RANDOM MANUAL AUDIT (RMA) FOR THE MAY 10, 2010 NATIONAL : LOCAL ELECTIONS IN THE MATTER OF THE PROPOSAL OF THE RANDOM MANUAL AUDIT COMMITTEE TO PROVIDE SERIAL NUMBERS ON THE BALLOT BO2ES IN CONNECTION WITH THE CONDUCT OF THE RANDOM MANUAL AUDIT FOR THE MAY 10, 2O1O NATIONAL AND LOCAL ELECTIONS IN THE MATTER OF THE VARIOUS RE8UESTS TO CONDUCT A "esolution #o. ::%< PARALLEL MANUAL COUNT IN ALL PRECINCTS FOR THE POSITIONS OF PRESIDENT, VICE<PRESIDENT, MEMBER OF THE HOUSE OF REPRESENTATIVES, GOVERNOR AND MAYOR IN THE MATTER OF THE CONERNS OF THE TECHNOLOGY -inute "esolution #o. 1;);DD: GROUP RE@ (1) PROCEDURES FOR TESTING AND SEALING OF PCOS MACHINES, AND (2) PCOS MACHINES IN FOUR (() CITIES, NAMELY, MANILA, DAVAO, /ALOO/AN AND 8UE6ON CITY IN THE MATTER OF AMENDING SECTION 26 OF COMELEC "esolution #o. ::/: RESOLUTION NO& '53) PROMULGATED ON MARCH 12, 2010 RELATIVE TO DISTRIBUTION OF CERTIFICATE OF CANVASS OF VOTES& SUPPLEMENTAL "esolution #o. ::/& PROCEDURES ON THE DELIVERY AND 2) A=#>? 2010 25 A=#>? 2010 2' A=#>? 2010 23 A=#>? 2010 )0 A=#>? 2010 )0 A=#>? 2010 )0 A=#>? 2010

"esolution #o. ::%: "esolution #o. ::%C

"esolution #o. ::%D

TRANSMITTAL OF THE PRINTED COPIES OF THE CERTIFICATE OF CANVASS INTENDED FOR THE COMMISSION ON ELECTIONS AND THE CONGRESS& IN THE MATTER OF RE8UESTING LOCAL GOVERNMENT UNITS (LGUS) TO OF PROVIDE4MA/E THE PROVISIONS FOR LCD

"esolution #o. ::/D

PROJECTORS FOR THE CONSOLIDATION CANVASSING SYSTEM (CCS) MUNICIPALICITY4PROVINCIAL4DISTRICT BOARD OF CANVASSERS IN CONNECTION WITH THE MAY 10,

2) A=#>? 2010

"esolution #o. ::/<

2010 NATIONAL AND LOCAL ELECTIONS& SUPPLEMENTAL GUIDELINES FOR

THE

GENERAL

2) A=#>? 2010

INSTRUCTIONS FOR THE BOARD OF ELECTION INSPECTORS IN CONNECTION WITH THE MAY 10, 2010 NATIONAL AND LOCAL ELECTION ON THE OPENING AND CLOSING OF THE

BALLOT BO2 FOR THE PURPOSE OF MA/ING ROOM FOR ADDITIONAL BALLOTS& IN THE MATTER OF DEFINING THE CHAIN OF CUSTODY AND RESPONSIBILITY OVER THE PCOS MACHINES AND THE SECURITY ASSISTANCE TO BE PROVIDED BY THE PHILIPPINE NATIONAL POLICE (PNP) AND THE ARMED FORCES OF THE "esolution #o. ::/% PHILIPPINES (AFP) IN THE@ (1) DEPLOYMENT AND RETRIEVAL OF PCOS MACHINES AND ITS ACCESSORIES; (2) DELIVERY OF OFFICIAL BALLOTS; ()) SECURITY OF POLLING CENTERS AND CANVASSING CENTERS; AND (() RETRIEVAL OF BALLOT BO2ES, ELECTION DOCUMENTS AND OTHER PARAPHERNALIA& IN THE MATTER OF THE POLICY OF THE COMMISSION ON "esolution #o. ::/; DECISIONS, RESOLUTIONS OR ORDERS OF THE COURTS RELATIVE TO INCLUSION OF VOTERS IN CONNECTION WITH THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS& IN THE MATTER OF REASSIGNING SOME REGIONAL ELECTION "esolution #o. ::1: DIRECTORS, ASSISTANT REGIONAL ELECTION DIRECTOR AND PROVINCIAL ELECTION SUPERVISOR IN CONNECTION WITH THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS& ADDITIONAL INSTRUCTIONS TO THE ELECTION OFFICERS IN "esolution #o. ::1C THE MATTER OF THE ABATEMENT OF PREVIOUS OR SUBSE8UENT REGISTRATION RECORDS OF VOTERS FOUND TO HAVE REGISTERED MORE THAN ONCE NOTICE OF DESIGNATION OF COUNTING CENTERS IN CONNECTION WITH THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS& IN THE MATTER OF THE PUBLICATION OF THE LIST OF NOMINEES OF PARTY<LIST GROUPS4 COALITIONS4 SECTORAL ORGANI6ATIONS PARTICIPATING IN THE PARTY<LIST SYSTEM OF REPRESENTATION IN THE MAY 10, 2010 AUTOMATED NATIONAL AND LOCAL ELECTIONS RULES AND REGULATIONS ON DETAINEE VOTING IN )0 M #09 2010 )0 M #09 2010 0% A=#>? 2010 0% A=#>? 2010 0% A=#>? 2010 05 A=#>? 2010 21 A=#>? 2010 2) A=#>? 2010

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"esolution #o. ::11 "esolution #o. ::1;

CONNECTION WITH THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS& GENERAL INSTRUCTIONS GOVERNING THE CONSOLIDATION, TRANSMISSION, AND CANVASSING OF VOTES FOR THE SPECIAL BOARD OF CANVASSERS IN HONG/ONG AND SINGAPORE IN CONNECTION WITH THE OVERSEAS ABSENTEE

VOTING FOR THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS GENERAL "esolution #o. ::;$ INSTRUCTIONS GOVERNING THE )0 M #09 2010

CONSOLIDATION4CANVASS, AND TRANSMISSION OF VOTES AT THE MUNICIPAL4 CITY4 PROVINCIAL AND DISTRICT BOARDS OF CANVASSERS IN CONNECTION WITH THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS& RULES ON DIS8UALIFICATION CASES AGAINST NOMINEES OF

"esolution #o. ::;C

PARTY<LIST GROUPS 4 ORGANI6ATIONS PARTICIPATING IN THE MAY 10, 2010 AUTOMATED NATIONAL AND LOCAL ELECTIONS IN RE@ COMELEC RULES OF PROCEDURE ON DISPUTES IN AN AUTOMATED ELECTION SYSTEM IN CONNECTION WITH THE MAY 10, 2010 ELECTIONS SPECIAL PROCEDURES ON THE DELIVERY AND TRANSMITTIAL OF THE PRINTED COPIES OF THE ELECTIONS RETURNS& IN THE MATTER OF ACCEPTING APPLICATIONS FOR LOCAL ABSENTEE VOTING OF APPLICANTS WHO WANT TO AVAIL OF LOCAL ABSENTEE VOTING (LAV FORM NO& 2) AND LIST OF REGISTERED VOTERS WHO WILL AVAIL OF LOCAL ABSENTEE VOTING (LAV FORM NO& )) WHICH WERE NOT SUBSCRIBED AND SWORN TO BEFORE THE HEAD OF OFFICE4SUPERVISOR4COMMANDER& IN THE MATTER OF AMENDING SECTION 12 OF COMELEC RESOLUTION NO& '5'6 PROMULGATED MARCH (, 2010 REVISED RULES AND REGULATIONS ON LOCAL ABSENTEE VOTING IN CONNECTION WITH THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS& IN THE MATTER OF THE ABATEMENT OF PREVIOUS OR SUBSE8UENT REGISTRATION RECORDS OF VOTERS FOUND TO HAVE REGISTERED MORE THAN ONCE IN THE MATTER OF THE EFFECT OF THE DECISION OF THE SUPREME COURT IN THE CASE OF 7RODOLFO G& NAVARRO, ET& AL&, +;& E2ECUTIVE SECRETARY EDUARDO ERMITA

2% M #09 2010

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16 M #09 2010

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#,=#,;,!1>!A 19, P#,;>B,!1 *C 19, P9>?>==>!,;, ET& AL&7 (G&R& N*& 1'00%0), DECLARING THE CREATION OF THE PROVINCE OF DINAGAT ISLANDS AS UNCONSTITUTIONAL THEREBY REVERTING SAID PROVINCE TO ITS PREVIOUS STATUS AS PART OF THE PROVINCE OF SURIGAO DEL NORTE& IN THE MATTER OF THE ESTABLISHMENT OF ELECTION DAY

03 M #09 2010

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03 M #09 2010

"esolution #o. 1;);%%1 -inute "esolution #o. 1;);%/& "esolution #o. :C:C "esolution #o. :C:& "esolution #o. :C:D

HELP DES/ IN EVERY POLLING CENTER TO BE MANNED BY THE PARISH PASTORAL COUNCIL FOR RESPONSIBLE VOTING (PPCRV) IN THE MATTER OF THE RE8UESTS FOR PREFERENTIAL TREATMENT OF SENIOR CITI6ENS, DISABLED PERSONS AND PREGNANT WOMEN ON ELECTION DAY IN THE MATTER OF AMENDING SECTION 2 (B&1&.) OF COMELEC RESOLUTION NO& '5)5 REVISED GENERAL INSTRUCTIONS FOR THE BOARD OF ELECTION INSPECTORS (BEI) ON THE VOTING, COUNTING, AND TRANSMISSION OF RESULTS IN CONNECTION WITH THE 10 MAY 2010, NATIONAL AND LOCAL ELECTIONS& RULES AND PROCEDURES FOR THE TESTING AND SEALING OF THE PRECINCT COUNT OPTICAL SCAN (PCOS) MACHINES& IN THE MATTER OF THE DEPUTATION OF THE DEPARTMENT OF PUBLIC WOR/S AND HIGHWAYS (DPWH) AND THE MANILA DEVELOPMENT AUTHORITY (MMDA) IN THE IMPLEMENTATION OF RESOLUTION NO& '5%' PROMULGATED ON 0( FEBRUARY 2010, RELATIVE TO THE REMOVAL, CONFISCATION AND DESTRUCTION OF PROHIBITED PROPAGANDA MATERIALS NATIONWIDE AND IN THE NCR, RESPECTIVELY, IN CONNECTION WITH THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS& IN THE MATTER OF THE EFFECT OF THE DECISION OF THE SUPREME COURT IN THE CASE OF DVICTORINO B& ALDABA, ET AL& VS& COMMISSION ON ELECTIONS7 (G&R& NO& 1''05'), 15 F,.#" #$ 2010 03 M #09 2010

0% M #09 2010

0( M #09 2010

2( F,.#" #$ 2010

"esolution #o. :C:1

"esolution #o. :CC1

DECLARING THE CONVERSION OF MALOLOS CITY INTO A LONE LEGISLATIVE DISTRICT AS UNCONSTITUTIONAL THEREBY REVERTING SAID CITY TO ITS PREVIOUS STATUS AS PART OF THE FIRST LEGISLATIVE DISTRICT OF THE PROVINCE OF BULACAN& IN THE MATTER OF AUTHORI6ING THE ARMED FORCES OF THE PHILIPPINES (AFP), PHILIPPINE NATIONAL POLICE (PNP), AND THE NATIONAL BUREAU OF INVESTIGATION (NBI)

1% F,.#" #$ 2010

"esolution #o. :C&:

TO DETAIL THEIR PERSONNEL AS SECURITY PERSONNEL OR BODYGUARDS PURSUANT TO SECTION 6 OF COMELEC RESOLUTION NO& '51( AND TO E2EMPT THEM FROM THE PROHIBITION ON PERSONNEL MOVEMENT PURSUANT TO COMELEC RESOLUTION NO& '5)5

10 F,.#" #$ 2010

"esolution #o. :C&< "esolution #o. :C&% "esolution #o. :C&1

GUIDELINES CONNECTION

FOR WITH

MASS THE

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ACCREDITATION

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