Com Res 10933
Com Res 10933
Com Res 10933
COMMISSION ON ELECTIONS
Intramuros, Manila
WHEREAS, there is a need to provide rules and General Instructions for the
Constitution, Composition and Appointment of the Electoral Boards (EB), EB
Support Staff, Department of Education Supervising Officer (DESO), DESO
Support Stafi Barangay Board of Canvassers (BBOC), BBOC Support Staff,
members of the Reception and Custody Group (RCG), and Consolidation and
Canvassing System Operator (CCSO) in pilot areas;
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NOW THEREFORE, pursuant to
its authority under the Constitution,
theomnibus Election Code,Republic Act Nos. 91641 ,93402,93693, 106324,
107425, 107566, and other election laws, the Commission on
Elections RESOLVED, as it hereby RESOLVES, to promulgate the following
General Instructions on the Constitution, Composition and Appointment of the
members of the Electoral Boards and Barangay Board of Canvassers.
ARTICLE I
PILOT AREAS OF THE AUTOMATED BSI(E
ARTICLE II
CONSTITUTION, COMPOSITION, AND APPOINTMENT OF
ELECTORAL BOARDS, DESO, AND SUPPORT STAFF
SECTION 2. Scope. - This Article shall apply to the Constitution, Composition,
and Appointment of the EBs, DESO, and their respective Support Staff.
I An Act Providing for Synchronized Barangay and Sangguniang Kabataan Elections, Amending Republic Ac1No. 7160, as Amended, Otherwise
Knoun as the "Local Govemment Code of 1991", snd for Other Purposes.
, An Ad Amending Republic Act No. 9164, Resetling the Barangay and Sangguniang Kabataan El€ctions, and for Other Purposes.
I
An Act Amending Republic Act No. 8436, Entitled "An Act Authorizing thc Commission on Elections to Use an Automated Election System in
the May I I, 1998 Nalional or tncal Elections and in Subsequ€nt National and Local Electoral Exercises, to Encourage Transparency, Credibility,
Faimess and Accuracy ofEl€ctions, Amending fot the Purpose Batas Pamrarra BIg. 881, as Amended, Republic Act No. 7166 and Other Related
Elections Laws, Pmviding Funds Th€refor and for Other Purposes".
{ An Act to Postpone the Sangguniang Kabalaan Eleclions on October 28, 2013, Amending for the Purpose Republic AclNo. 9340, and for Other
Purposes.
.
An Act Establishing Reforms in th€ Sangguniarg Kabatarn Creating Enabling Mechanisms for Meaningful Youth Panicioalion in Nation-Building,
and for Other Purposes.
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An Act Rcndering Elcction Scrvice Non€ompulsory for Public School Teachcrs, Authorizing the Appoinqnenr of Olhcr Qulifrcd eitiz.nr,
Providing for Compensarion and Oth€r Benefits-
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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 ofthe EB; and
b) The third copy shall be issued to the Chairperson and members of the EB
concemed.
In allcases, the EO shall ensure that at least one (1) member of the EB is an
Information Technology-capable person trained for the purpose, and certified as
such by the Department of Science and Technology (DOST) during the last 2022
National and Local Elections.
As far as practicable, women EB members may not be assigned in areas with security
concerns or areas likely to cause gender-based violence or to result in physical,
sexual, or psychological harm.
For this purpose, the highest DepEd official, in Dasmarifias City and Quezon City
shall submit to the EO a certified list of public-school teachers and substitutes who
are qualified, willing, and available to render election-related services within five
(5) days upon request, based on the Project ofPrecincts (POP). The EO shall give
preference to those with permanent appointments and those who served rn the 2022
National and Local Elections (see Annexes "A" and "A-1'). The request shall be
accompanied by a copy ofthe POP.
The number of substitutes shall be 20Yo of the total number of members of the EBs
to be appointe d (i.e., l0 clustered precincts x 3 :30 xZo%o:6. Hence, there should
be 6 substitutes for 10 clustered precincts).
In the preparation of such list, the DepEd officials shall exercise due diligence to
ensure that the persons appearing in the said list are indeed public-school teachers,
who are qualified, willing, and available to serve as members of the EB. 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 concerned EO.
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SECTION 7. Qualifications of Members of the Electoral Board. - No person
shall be appointed as a Member of the EB, whether regular, temporary, or as a
substitute. unless such person is:
d. A registered voter;
e. Has never been convicted ofany election offense or ofany crime punishable
by more than six (6) months of imprisonment, or has no pending Information
for any election offense; and
SECTION 10. Posting of the List of the Constituted Members of the Electoral
Board. - One (1) 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 Office of the EO (OEO) and concemed barangay hall.
The procedure for Opposition to the Designated Members of the EB under Section
11 of Resolution No. 107277 shall be observed if there is any such opposition with
respect to the qualification of any member of the EB.
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Promulgated on 10 November 2021
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Ifthe designation ofpublic-school teachers as substitutes is no longer feasible, other
qualified substitutes as enumerated in the succeeding Section may be appointed.
b. One or more ofthe 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
concerned 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 his/her 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 of the substitute and the
location ofthe polling place;
SEC. 13. Order of Preference. - In case any of the circumstances mentioned in the
preceding section exist, 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:
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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
qua1ified, wil1ing, and available to render election-related service (see Annex "B"
d.1.2. supporter;
For this purpose, the following persons shall endorse a certified list of their
respective personnel, who are qualified, willing, and available to render election-
related services, based on the POP to the EO within five (5) days upon request, to
wit:
1. 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 city, the EO shall send a request simultaneously (see Annex "C");
2. The DepEd offrcial mentioned in the 2nd paragraph (b.1.) [see Annex "D"l;
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3. The highest official of other national govemment agencies in the district or
city in case of lefter "b.2." above, if any; or
In cases of numbers I and, 4, the EO shall observe the policy on first-come first-
served basis.
The endorsement of the heads of the agencies shali serve as an authority for their
respective employees who shall render election-related services to be on official
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-reiated services.
With regard to letter "d" of this Section, the Commission shall provide, free of
charge, an application form, which shall be made available at the concerned OEOs
for any registered voter who intends to be appointed as a member of the EB. The
Information Technology Department (ITD) of the Commission shall ensure that the
said form may be downloaded from its official website for easy access thereto.
SECTION 15. Authority to Administer Oath. - The concerned EO shall have the
power to administer oath, free of charge, in all cases where said oath is required.
SECTION 16. Oath of the Chairperson and Members of the Electoral Board. -
Before assuming office, the Chairperson and Members of the EB shall take and sign
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an oath using CEF No. ,{5 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.
SECTION 17. Relief and Substitution of the Members of the Electoral Board. -
The members of the EB shall not be relieved unless disqualified as provided in this
Resolution.
SECTION 19. Powers 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 EBs for the Automated BSKE shall:
c. Conduct the voting in the polling place and administer the electronic counting
of votes;
e. Maintain order within the polling place and its premises to keep an open and
unobstructed access thereto;
f. Prohibit the use of cellular phones, cameras, or any recording device by the
voters during voting;
In the absence of any peace officer, such order may be executed by any other
competent and able person deputized by the EB in writing. A copy of such
written order shall be attached to the Minutes;
h. Fumish copies of the Certificate of Votes (C.E. Form No. l3) upon request of
the watchers; and
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Perfom such other functions prescribed by law or by the rules and regulations
promulgated by the Commission.
The EB shall act through its Chairperson, and without delay, decide by majority vote
to all questions that may arise in the performance of its duties.
The minimum public health standards issued by the IATF-EID and other health
protocols shall be strictly observed during these meetings.
SECTION 21. Support Staff of the Electoral Board. - The concerned EO shall,
during the period for the constitution and appointment of the EB, appoint one ( I )
Support Staff to assist the EB in the performance of its duties.
The Support Staff need not be a registered voter of the barangay/city but must
possess all the other qualifications and none of the disqualifications for the
appointment of the EB.
The numbers of additional Support Staff that may be appointed per EB are as
follows:
1to3 0
4 I
5 or more 2
In case ofabsence ofany ofthe Support Staffon the day ofthe election, the EB, by
majority vote, may designate a substitute who need not be a registered voter of the
barangaylcity, but possesses all the other qualifications and none of the
disqualifications for the appointment of support staff.
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period for the constitution and appointment of the EB, constitute one (1) DESO for
Automated BSKE and one (1) DESO Support Staff, for every Voting Center.
The DESO and DESO Support Staff need not be registered voters of the
barangay lcity where they are assigned but must possess all the other qualifications
and none of the disqualifications for the appointment of the EB.
b. Supervise the strategic posting of the layout of the Voting Center indicating/
showing the location of the polling places of the clustered precincts for
Automated BSKE 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;
e. Serve as the contact and point person of the concemed EO in the polling place
or Voting Center;
h. Supervise the VCM Technicians in the exercise of their duties and functions;
and
Perform such other functions prescribed by law or by the rules and regulations
promulgated by the Commission.
The VCM Technician must be an IT-capable person and has undergone the basic
training in installation, operation and troubleshooting of the VCM. The duties and
functions of the VCM Technician are as follows:
a. Report during the scheduled Final Testing and Sealing and on Eiection Day
in the Voting Center where they are assigned;
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b. Remain in the assigned Voting Center for the entire duration of the Final
Testing and Sealing; and on Election Day, until all the activities are
concluded;
c. Report to the Command Center for the Automated BSKE during the conduct
of the Final Testing and Sealing and on Election Day the following:
3. Date and time of the start of voting of the clustered precinct/s under his
j urisdiction;
4. Date and time of the close of voting of the clustered precinct/s under
his jurisdiction;
5. Missing items in the VCM box of the clustered precincts under his/her
jurisdiction, if any;
a. List containing the names of the appointed members of the EB and their
respective designations;
b. List containing the names of the appointed support staff of the EB, arranged
by precinct; and
c List containing the names of the appointed DESO and their support staff,
arranged by polling/ voting center.
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The Regional Election Directors (REDs) of NCR and Region IV-A shall, within
three (3) days from receipt of above enumerated documents, submit the lists to the
Finance Service Department (FSD) and Election and Barangay Affairs Department
(EBAD) through the fastest possible means. Soft copies in PDF format are likewise
to be submitted through email
at [email protected] and ebad@comelec. gov.ph.
The concerned RED shali likewise copy furnish the AES-BSKE Committee.
ARTICLE III
HONORARIA, ALLOWANCES, SERVICE CREDITS AND OTHER
BENEFITS
a. Honoraria. - The Chairperson and members of the EB, the DESO and their
respective Support Staff shall be entitled to the corresponding honoraria:
DESO P 9,000.00
b. Travel Allowance. The Chairperson and members of the EB, the DESO for
the Automated BSKE, and their respective support staff shall be entitled to a
travel allowance for the conduct of the Final Testing and Sealing, of One
Thousand Pesos (P1,000.00) each.
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SECTION 29. Other Benefits. - Persons rendering election service shall be entitled
to the following:
a Legal assistance;
b. Lawyer's fees;
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.
SECTION 31. Funds for Legal Indemnification Package. - The amount of Fifty
Thousand Pesos (P50,000.00) as legal indemnification package shall be made
available to each claimant,
SECTION 32. 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 concemed EO.
Should the claimant prefer to engage the services of a private lawyer, the
Commission, upon the recommendation of the CCA of the concemed national
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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.
ln the event that private lawyers accept the case "pro bono," no claims for lawyer's
fees shall be awarded.
SECTION 35. Legal Costs and Other Reasonable Expenses. - Legal costs shall
constitute the expenses directly incurred by reason ofthe case, such as but not limited
to:
b. Mailing;
c. Notarial fees; and
SECTION 36. Other Forms of Legal Protection. - 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 Er
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.
ARTICLE IV
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SECTION 38. Barangay Board of Canvassers. - There shall be one ( I ) BBOC in
each barangay to canvass the ERs for both the Barangay and SK elections and
thereafter proclaim the winning candidates.
The DepEd District School Supervisor of the concerned city, or in his/trer absence,
the most senior in rank, or the Principal of the concemed school/Voting Center shall
be designated/appointed as the Chairperson of the BBOC.
SECTION 39. Honoraria of the Chairperson and Members of the BBOC. - The
Chairperson and Members of the BBOC shall receive an honorarium of Fourteen
Thousand Pesos (P14,000.00) each for services rendered.
The CCSO must not be related within the fourth civil degree of consanguinity or
affinity to any member of the BBOC or to the Reception and Custody Group (RCG)
or to any candidate whose votes shall be canvassed by the BOC where the CCSO is
assigned.
The CCSO shall be designated by the EO concemed. The honorariurr of the CCSO
shall be the same as that of the members of the BBOC.
SECTION 41. Reception and Custody Group ECG). - Each BBOC shall
constitute an RCG for the reception and safekeeping of the VCM main SD cards.
There shall be one ( 1 ) RCG for every BBOC.
The RCG shall be composed of three (3) members who are government appointive
officials holding pennanent appointments. They shall be designated by the
concemed Chairperson of the BBOC and shall receive an honorarium of Ten
Thousand Pesos (P 1 0,000.00).
SECTION 42. BBOC Support Staff. - The BBOC Chairperson shall appoint one
(l) support staff to assist the BBOC in the performance of its duties.
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The support staff shall be entitled to an honorarium of Five Thousand pesos (php
5,000.00).
The support staff shall not be related within the fourth civil degree ofconsanguinity
or affinity to the Chairperson or any member of the BBOC, CCSO, RCG or to any
candidate whose votes will be canvassed by the BBOC.
SECTION 44. Insurance and Other Benefits of the Chairperson and Members
of the BBOC and RCG. - Persons serving as Chairperson and Members of the
BBOC, Support Staff, CCSO and members of the RCG shall be entitled to the same
insurance and other benefits as that ofthe EB.
SECTION 45. Powers and Functions of the BBOC. - The BBOC shall have full
authority to keep order within the canvassing room or hall including its premises and
enforce obedience to its lawful orders. If any person refuses to obey any lawful order
of the BBOC or acts in such disorderly manner as to disturb or interrupt its
proceedings, the BBOC may order in writing a peace officer to take such person into
custody until adjoumment of the meeting. In the absence of any peace officer, any
other competent and able person deputized by the BBOC in writing may execute
such order.
SECTION 46. Duties and Responsibilities of the RCG. - The RCG shall:
1. Receive from the EB the envelope containing the VCM main SD card and
the envelopes containing the printed copies ofthe ERs and other documents;
2. Log the date and time of receipt of the envelopes containing the main SD
card and ERs, including the condition and serial number ofeach envelope
and its corresponding paper seal, its precinct number, and the barangay;
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3. Place the envelopes containing the ERs inside the ballot box, close and lock
the same; and
4. Mark/Indicate in the Project of Precincts (POP) the corresponding precincts
of the envelope containing the VCM main SD card.
SECTION 47, Supervision and Control over the BBOC., The Commission have
direct supervision and control over the BBOC.
Any member of the BBOC may, at any time, be relieved for cause and substituted
motu proprio by the Commission through the EO.
SECTION 49. Notice of Meeting of the BBOC. - 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, and to each candidate.
SECTION 53. Effectivify. - This Resolution shall take effect on the seventh (7th)
day after its publication in two (2) daily newspapers of general circulation in the
Philippines and"/or in the Commission website.
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SECTION 54. Publication and Dissemination. -
The Education and Information
Depanment, this Commission, shall cause the publication of this Resolution in two (2)
daily newspapers of general circulation in the Philippines and fumish copies thereof to all
RED, PES and EO.
SO ORDERED.
CERTIFICATION
APPROVED by the Commission En Banc during its regular online meeting on 2l June
2023, pursuant to Comelec Resolution No. 10671, "Supplemental Resolution
No. 9936 promulgated March 25, 2015, Rule on the Enactment and Promulgation of
Executive or Administrative Resolutions providing for other format of meetings to include
online meetings applicable in times of the COVID-I9 pandemic and the imposition of
Community Quarantines and similar emergency situations."
ATTY. L DIOLA
Director IV
Offrce of the Commission Secretary
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