SENATE - POLICY ORDER 2010-006

POLICY ORDER NO. 2010-006 (OSP)
Series of 2010

SUBJECT :
RULES AND GUIDELINES IN THE RECEPTION OF THE CERTIFICATES OF CANVASS AND ELECTION RETURNS FOR THE MAY 10, 2010 ELECTION FOR PRESIDENT AND VICE PRESIDENT

WHEREAS, Article VII, Section 4, Paragraph 4 of the Constitution provides that the returns of every election for President and Vice President. duly certified by the Board of Canvassers of each province or city, shall be transmitted to the Congress, directed to the President of the Senate;

WHEREAS, Republic Act No. 9369, amending Republic Act No. 8436, authorizes the Commission on Elections to use an automated election system in the May 10,2010 elections;

WHEREAS, in the implementation of the automated election system, the chair of the district or provincial board of canvassers and the city board of canvassers of cities comprising one or more legislative districts shall transmit the duly certified certificates of canvass and election returns to the Congress as the National Board of Canvassers for President and

Vice-President, directed to the President of the Senate;

WHEREAS, COMELEC Resolution Nos. 8751 and 8810, adopted in accordance with Republic Act No. 9189, provides that overseas absentee voting election returns and certificates of canvass shall be transmitted to the Congress,. directed to the President of the Senate;

WHEREAS, in order to ensure faithful compliance with the constitutional mandate and to provide for an orderly and systematic proceeding, the following Rules and Guidelines in the Reception of the Certificates of Canvass and Election Returns for the May 10,2010 election for President and Vice President are hereby adopted:

Rule 1
RECEPTION OF PHYSICALLY TRANSMITTED CERTIFICATES
OF CANVASS AND ELECTION RETURNS

A. VENUE

Section 1. The reception of the Certificates of Canvass and Election Returns shall be at the Senate of the Philippines located at the GSIS Building, Roxas Boulevard, Pasay City.

Section 2. There shall be separate reception areas for ballot boxes purportedly containing the Certificates of Canvass, supporting documents and paraphernalia if any, and ballot boxes purportedly containing the Election Returns. The ballot boxes purportedly containing the

Certificates of Canvass and supporting documents and paraphernalia, if any, shall be received at the Senators Claro M. Recto and Jose P. Laurel Rooms at the second floor of the Senate of the Philippines. The ballot boxes purportedly containing the Election Returns shall be received at the ground floor lobby of the Senate of the Philippines.

Section 3. The storage area for ballot boxes purportedly containing the Certificates of Canvass shall be at a place designated in the Senator Claro M. Recto Room. The storage area for ballot boxes purportedly containing the Election Returns shall be at the covered parking area

adjacent to the ground floor lobby.

B. SECURITY MEASURES

Section 4. Only authorized Senate personnel and accredited representatives as defined hereunder shall be allowed access to the Reception and Storage Areas.

"Authorized Senate personnel" are Senate employees who are members of the Ad Hoc Committee and its reception teams, created pursuant to Special Order No. 2010-015 (OSP) of the Senate, and such persons designated by the President of the Senate to safeguard the Certificates of Canvass, Election Returns and other supporting documents and paraphernalia transmitted to the President of the Senate.

"Accredited Representatives" are representatives of presidential and vice presidential candidates, representatives of political parties fielding presidential and vice presidential candidates, COMELEC officers and accredited citizens' arms, and members of the media.

"COMELEC officers" are COMELEC officials, members of the Provincial and City Board of Canvassers, or their duly authorized representatives, and the Chair of the Special Board of Canvassers under Republic Act No. 9189, or the "Overseas Absentee Voting Act of 2003."

Section 5. Identifying tags provided by the Senate shall be worn at all times by authorized persons entering the Reception and Storage Areas. For the Senate personnel, they shall, in addition to the identifying tags, wear their official Senate Identification Card.

Section 6. Whenever required by proper authorities, other identifying documents to show authorization to enter the Reception and Storage areas shall be shown on demand.

Section 7. Only the Senate Sergeant-at-Arms, upon prior approval by the President of the Senate, is authorized to issue tags to any person seeking access to the Reception and Storage Areas. The Office of the Sergeant-at-Arms (OSAA) shall provide the appropriate color-coding for personnel granted access to these areas.

Upon presentation of authority and proper identification, the representatives from the COMELEC and the accredited citizens' arms, the accredited political parties and the presidential and vice presidential candidates, shall be entitled to the issuance of identification tags.

Section 8. Legislative pages shall be stationed at the ground floor lobby at all times. One page shall accompany the COMELEC officer and escort/s to the second floor for the reception of the Certificates of Canvass, while another shall accompany the COMELEC officer and escort/s to the ground floor lobby for the reception of the Election Returns.

Section 9. Firearms shall not be carried within the Senate premises. The COMELEC officer and escort/s shall be required to deposit their firearms, if any, with the OSAA.

Section 10. Smoking shall be strictly prohibited within the Senate building.

Section 11. The OSAA shall ensure that all fire-fighting equipment of the Senate shall be ready and serviceable on a twenty-four (24) hour basis.

Section 12. In case of emergency or calamity, the OSAA shall be responsible for the orderly and secure evacuation of the personnel and the ballot boxes purportedly containing the Certificates of Canvass and the ballot boxes purportedly containing the Election Returns in the custody of the Senate.

Section 13. Effective 10 May 2010, only vehicles carrying ballot boxes purportedly containing Certificates of Canvass and ballot boxes purportedly containing Election Returns and such other vehicles that the President of the Senate may authorize shall be allowed entry into the Senate covered parking area.

Section 14. Absolutely no withdrawal of COMELEC ballot boxes and other receptacles inside the Storage Areas shall be allowed, except when expressly authorized in writing by the President of the Senate.

Section 15. The Sergeant-at-Arms shall enforce these policies.

C. ASSUMPTION OF RESPONSIBILITY

Section 16. The Senate shall assume responsibility over the security of the ballot boxes purportedly containing the Certificates of Canvass and ballot boxes purportedly containing the Election Returns only upon issuance of the official receipt duly signed by the team leader of the respective reception teams.

D. PROCEDURE FOR RECEPTION OF THE CERTIFICATES OF CANVASS AND ELECTION RETURNS

Section 17. The reception of ballot boxes purportedly containing the Certificates of Canvass and ballot boxes purportedly containing Election Returns shall start on 10 May 2010, at six o'clock in the evening (6:00 p.m.).

Section 18. Each presidential and vice presidential candidate and every political party fielding a presidential and/or vice presidential candidate are entitled to one (1) representative in each of the reception areas. They shall be allowed to witness the reception of the ballot boxes purportedly containing the Certificates of Canvass, ballot boxes purportedly containing Election Returns and other election documents/paraphernalia, as well as note the condition of ballot boxes upon receipt thereof by the reception teams and other particulars relating to the same.

Section 19. The President of the Senate shall receive the first delivered ballot boxes purportedly containing the Certificate of Canvass. Subsequent ballot boxes purportedly containing the Certificates of Canvass and ballot boxes purportedly containing the Election Returns

shall be received by the Reception Teams as provided herein.

Section 20. There shall be a least two (2) Secretariat reception teams per shift which shall receive the ballot boxes purportedly containing the Certificates of Canvass and shall be composed of the following personnel per team:

(a) a team leader, preferably a lawyer;

(b) a stenographer;

(c) a clerk; and

(d) a utility aide.

There shall be three (3) Secretariat reception teams per shift which shall receive the ballot boxes purportedly containing the Election Returns and shall be composed of the following:

(a) a team leader, with the rank of at least LSO V;

(b) an assistant team leader; and

(c) a utility aide.

Section 21. The reception teams shall be on duty on a 24-hour basis, with each team observing an 8-hour shift. All members of the reception teams shall report for duty at least one (1) hour before the start of their shift and shall remain at their post until relieved by the next reception team.

Section 22. The members of the reception teams and shift supervisors and such other personnel as may be necessary shall be designated by the President of the Senate.

All members of the reception teams shall undergo a training/seminar on their reception duties.

Section 23. Reception proceedings for the Certificates of Canvass shall be recorded by a stenographer and shall be covered by a video camera. In the case of Election Returns, reception proceedings shall be covered by a video camera.

Section 24. The COMELEC officer and escort/s delivering the Overseas/Provincial/City Certificate of Canvass shall register in the entry logbook provided for by the OSAA at the ground floor lobby. They shall be provided with Senate identification tags, and thereafter escorted through the main stairway to the Reception Area at Senators Claro M. Recto and Jose P. Laurel Rooms.

Section 25. At the entrance to the Reception Area for the Certificates of Canvass, the COMELEC officer shall register in the Certificate of Canvass Logbook and thereafter present to the team leader the ballot box with a transmittal receipt. and the said COMELEC officer shall state whether the purported Certificate of Canvass delivered is complete or only a partial canvass for the province/ city/district. The team leader shall describe, in the presence of the

COMELEC officer, the condition of the ballot box, state its serial number, the number of keys and locks turned over, and the serial number of the self-locking seal. The COMELEC officer shall be asked to conform to or comment on the description or observation made by the team leader.

The team leader shall then turn over the ballot box purportedly containing the Certificate of Canvass to the OSAA for storage.

Section 26. There shall be a prescribed Senate form incorporating the details mentioned in the immediately preceding section. The form shall be signed by the team leader for the President of the Senate and attested to by the representatives mentioned in Section 18 hereof.

The representatives of the accredited political parties, the presidential and vice presidential candidates, and the accredited citizens' arm shall each be entitled to a duly accomplished copy of the aforementioned Senate prescribed form.

Section 27. The team leader shall sign for and in behalf of the Senate President the Senate official receipt for the purported Certificate of Canvass in two (2) copies. The team leader shall retain the first copy and the second copy shall be given to the COMELEC officer, who shall acknowledge receipt of the same.

The official receipt shall describe the condition of the ballot box purportedly containing the Certificate of Canvass as herein provided.

Section 28. Whenever the purported Certificate of Canvass is not placed in a ballot box or is contained in a receptacle other than a ballot box, the COMELEC officer making the delivery shall state on record the reason for the purported Certificate of Canvass not being placed inside a ballot box.

The team leader shall describe the condition of the receptacle, and then the COMELEC officer shall open the receptacle and take out the envelope purportedly containing the Certificate of Canvass. Thereafter, the team leader shall describe the condition of the envelope and shall ask the COMELEC officer to place it and all the contents of the receptacle in the ballot box and shall seal and padlock the same. The ballot box, seal and padlock to be used shall be provided by COMELEC.

In no case shall the envelope purportedly containing the Certificate of Canvass be opened. However, if an envelope is open upon delivery, the contents thereof shall not be taken out; the fact that the envelope was already open upon delivery shall be recorded in writing.

Section 29. The ballot boxes purportedly containing the Certificates of Canvass shall be arranged by the OSAA inside the storage Area in the order received by the reception team.

Section 30. The COMELEC officer and escort/s delivering the Election Returns shall register in the attendance logbook provided for by the OSAA at the ground floor lobby. They shall be provided with Senate identification tags, and thereafter escorted to the Reception Area at the ground floor lobby.

At the Reception Area, the COMELEC officer shall describe the condition of the ballot box, state its serial number, the number of keys and locks turned over and the serial number of the self-locking seal/s.

The team leader shall only receive the ballot box(es) purportedly containing the Election Returns and shall not open the same.

When the envelopes purportedly containing the Election Returns are contained in receptacles other than ballot boxes, the procedure outlined in Section 28 shall apply.

Section 31. The COMELEC officer delivering such ballot boxes and/or receptacles shall indicate in the transmittal receipt whether the delivered Election Returns contained in the ballot boxes and/or receptacles are complete or partial. The first copy of the transmittal receipt shall be

given to the team leader, while the COMELEC officer shall retain the second copy who shall acknowledge receipt of the same. The team leader shall issue an official receipt indicating the number of ballot boxes or receptacles received.

Section 32. The ballot boxes shall be arranged by the OSAA in the Storage Area by region and by province in alphabetical order and within sight of everybody. Such ballot boxes shall remain in the Senate premises until ordered otherwise by the President of the Senate.

E. COMMON PROVISIONS

Section 33. A guard designated by the Sergeant-at-Arms shall be stationed at the entry of the Storage Area. He shall record in a logbook the arrival and the taking out of the ballot boxes.

Section 34. The keys to the locks on the ballot boxes shall be properly tagged and placed in two separate glass encased cabinets with locks, one for the ballot boxes purportedly containing the Certificates of Canvass and another one for ballot boxes purportedly containing the Election Returns. These cabinets shall be within the sight of everybody.

Section 35. The Secretariat, through the Secretary of the Senate or, in her absence, the Deputy Secretary for Legislation, shall submit daily advisories to the office of the President of the Senate as to the number of Certificates of Canvass and Election Returns already delivered and their respective places of origin. For this purpose, the Secretary shall designate a Records Officer who shall be responsible for the collection and safekeeping of all accomplished forms obtained at the Reception Areas.

Section 36. All forms to be used in the Reception Areas shall be accountable forms. Accomplished forms, documents, video films and such other materials related to the reception and canvassing shall be turned over to the Senate Legislative Archives Service for safekeeping after the proclamation of the duly elected President and Vice President.

F. TRANSMITTAL TO THE HOUSE OF REPRESENTATIVES

Section 37. Only upon written order of the President of the Senate shall the ballot boxes purportedly containing the Certificates of Canvass be transferred to the House of Representatives.

Section 38. Upon transmittal to the House of Representatives, the ballot boxes purportedly containing the Certificates of Canvass shall be deposited in the Plenary Hall under the joint responsibility of the House and Senate Sergeants-at-Arms.

Section 39. The ballot boxes purportedly containing the Election Returns shall remain at the Storage Area in the Senate premises. Withdrawal of any of the ballot boxes shall be made only upon written order of the President of the Senate.

Rule 2
RECEPTION OF ELECTRONICALLY TRANSMITTED CERTIFICATES OF CANVASS

Section 40. The reception of the electronically transmitted Certificate of Canvass directed to the President of the Senate shall be at the House of Representatives. The reception area shall be manned by authorized Senate personnel and secured by the OSAA in coordination with the House of Representatives.

Section 41. After the initialization by the President of the Senate of the Consolidation and Canvassing System (CCS) to be used for the reception of the electronically transmitted Certificates of Canvass, only members of the Ad Hoc Committee, the members of the reception and security teams as may be hereafter constituted, and other persons designated by the President of the Senate shall man, monitor, observe and secure the CCS.1avvph!1

Section 42. Upon the direction of the President of the Senate the Secretary shall submit periodic reports to the President of the Senate as to the place of origin and the number of Certificates of Canvass already transmitted to and received in the CCS. No person including those personnel assigned to man, monitor, observe and secure the CCS shall access or try to access any information or data relating to the results of the elections as contained in the transmitted Certificates of Canvass.

Section 43. The Senate shall assume and exercise responsibility over the CCS from the time of its installation and initialization until the convening of the Congress in Joint Session to canvass the votes for President and Vice President.

Section 44. The Senate shall adopt adequate, effective and secure measures to ensure the integrity of the Certificates of Canvass transmitted electronically.

Section 45. The representative mentioned in Section 18 hereof are authorized to observe the proceedings in the reception of the electronically transmitted CCS.

Rule 3
IMPLEMENTATION

Section 46. The Secretary of the Senate is hereby authorized to issue such orders as may be necessary to carry out the effective implementation of these Rules and Guidelines.

Section 47. Violation of any of these Rules and Guidelines shall be subject to disciplinary action in accordance with Civil Service rules and regulations.

Rule 4
EFFECTIVITY AND PUBLICATION

Section 48. These Rules and Guidelines shall take effect upon adoption and shall be published in two (2) newspapers of general circulation and in the official website of the Senate of the Philippines.

SO ORDERED.

21 April 2010, Pasay City

JUAN PONCE ENRILE
President of the Senate

Recommending Approval:

Atty. Emma Lirio Reyes
Secretary of the Senate

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