COMELEC Resolution 9485 Voting of PWD
COMELEC Resolution 9485 Voting of PWD
COMELEC Resolution 9485 Voting of PWD
WHEREAS, this Resolution provides the guidelines for voting of PWDs and for the
establishment of accessible polling places and providing other forms of assistance for
PWDs in selected voting centers on election day to ensure that they enjoy the right
to suffrage on equal basis with others;
NOW THEREFORE, pursuant to the powers vested in it by the Constitution, the
Omnibus Election Code and other related election laws, the Commission on
Elections HEREBY RESOLVES to promulgate the following rules and regulations on
PWD voting:
RULE I
Introductory Provisions
SECTION 1.
(A)
(ii)
(iii)
(iv)
(v)
(B)
(C)
Accessible Polling Place for PWDs shall refer to the place where
the Special Board of Election Inspectors for PWDs (SBEI-PWD)
conducts its proceeding and where the PWDs cast their votes on
election day.
(D)
(E)
refer to the nal list of PWD voters (containing the voters names,
addresses and precinct numbers) posted in each accessible polling
place.
(F)
(G)
SECTION 2.
Who are Entitled to Avail of the Accessible Polling Place for PWDs.
The following shall be entitled to vote in the accessible polling place for PWDs:
(A)
(B)
PWDs who have previously registered but have not indicated the
type of disability, or who may have developed/manifested such
disability after having been registered AND subsequently
UPDATED THEIR RECORDS by accomplishing the Supplementary
Data at the Office of the Election Officer.
Vice-Chairman
:
Dir. Esmeralda Ladra
Law Department
Members
:
Dir. Divina Blas-Perez
Education and Barangay Affairs Department
Engr. Vergil Soriano
Election Records and Statistics Department
:
ICAcaH
SECTION 2.
Powers and Functions of the Committee . The Committee shall
oversee and ensure the implementation of all COMELEC resolutions pertaining to
PWD voting and shall have the following powers and functions:
CcAHEI
(A)
(B)
(C)
(D)
(E)
(F)
SECTION 1.
Accessible Polling Places for PWDs. The accessible polling place for
PWDs shall be constituted by maintaining the existing precinct assignment of the
PWD but the polling place shall be assigned at the ground oor of the voting center.
The accessible polling place should be established in an area spacious enough to
accommodate more than 10 PWD voters at a given time and considers the mobility
requirements of PWDs particularly those who are wheelchair users.
The Election Ocer/s shall determine the voting centers where an accessible polling
place shall be established subject to the approval of the Education and Barangay
Aairs Department. The number of accessible polling places to be established per
voting center shall be based on the number of registered PWD voters assigned in a
particular voting center.
IaDTES
In the determination which voting centers will have an accessible polling place, the
Election Ocer must rst designate regular polling places which have PWD voters
at the ground oor. In case that the regular polling places which have PWD voters
cannot all be assigned at the ground oor, the Election Ocer shall recommend that
an accessible polling place be established in the respective voting center.
The accessible polling place, as far as practicable, shall be free of any physical
barriers and provides the necessary mobility, communications, visual and other
forms of assistance for the PWDs.
PWDs who were not able to indicate that they have a disability in their application
forms or were unable to update their records shall vote in the regular polling place
where they will be provided an express lane and assistor.
SECTION 2.
Assistance Provided at the Accessible Polling Place . The following
assistance, as far as practicable, shall be provided at the accessible polling place
(A)
(ii)
(iii)
In all cases, the poll clerk shall rst verify from the PWD whether
he/she had authorized the assistor to fill-up his/her ballot.
The assistor shall, in the presence of the PWD voter, prepare the ballot
using a ballot secrecy folder.
EHaASD
The assistor shall bind himself in writing and under oath to ll the
ballot strictly in accordance with the instructions of the voter and
not reveal the contents thereof, by axing his signature in the
appropriate space in the Minutes of Voting.
(B)
(C)
(A)
(B)
Watchers who shall stay only in the space reserved for them;
(C)
(D)
(E)
(F)
(G)
(H)
Assistors;
(I)
SECTION 6.
Persons Not Allowed Inside Accessible Polling Place. Unless
specically authorized by the Commission, it is unlawful for the following to enter
any polling place or stay within a radius of fifty (50) meters thereof, except to vote:
(A)
(B)
Any peace ocer or any armed person belonging to any extralegal police agency, special forces, reaction forces, strike forces,
Civilian Armed Force Geographical Units, barangay tanods or
other similar forces or paramilitary forces, including special
forces, and security guards.
(C)
(D)
Any candidate
appointed.
or
barangay
ocial,
whether
elected
or
TaISDA
(A)
(B)
(C)
(D)
Seal and sign the envelopes containing the lled-up ballots (per
precinct) and hand it to the SBEI-PWD support sta for counting
in the PWDs respective precinct;
(E)
(F)
(G)
SECTION 3.
Duties of the SBEI-PWD Support Sta. There shall be one (1)
SBEI-PWD support sta for every accessible polling place. The number of the
support sta may be increased depending on the number of PWDs assigned to the
accessible polling place.
The SBEI-PWD support staff shall:
(A)
(B)
(C)
on election day.
The watchers shall accompany the SBEI-PWD support sta from the accessible
polling place to the regular polling places of the PWDs, then from the regular polling
places to the accessible polling place and, nally, from the accessible polling place to
the regular polling place.
SECTION 4.
Proceedings of the SBEI-PWD. The meeting of the SBEI-PWD shall
be public and shall be held in the accessible polling place designated by the
Commission.
cDTACE
SECTION 5.
Voting Privilege of the SBEI-PWD. Members of the SBEI-PWD who
are not availing of the Local Absentee Voting may, on election day, vote in the
precincts where they are registered, provided that their absence in the accessible
polling place shall not be more than thirty (30) minutes and that they schedule
their voting so that only one member of the SBEI-PWD shall leave at any one time.
SECTION 6.
Prohibition Against Political Activity. No member of the SBEI-PWD
or its support sta (per accessible polling place) shall engage in any partisan political
activity or take part in the election except to discharge his duties as such.
SECTION 7.
Honoraria of the SBEI-PWD and Their Support Sta. The SBEIPWD and support sta shall receive honorarium/allowance and other emoluments
as may be authorized by the Commission.
SECTION 8.
Official Watchers of Candidates, Political Parties and Other Groups.
Each candidate and registered political party or coalition of political parties duly
registered with the Commission and elding candidates in the election, as well as
duly accredited citizen's arms may appoint two watchers, to serve alternately, in
every special polling place. However, candidates for Senator, candidates for Member,
Sangguniang Panlalawigan or Sangguniang Panlungsod, or Sangguniang Bayan,
belonging to the same ticket or slate, shall collectively be entitled to one watcher.
Duly accredited citizens' arms of the Commission shall be entitled to appoint a
watcher in every accessible polling place. Other civil, professional, business, service,
youth, and other similar organizations, with prior authority of the Commission, shall
be entitled collectively to appoint one watcher in every special polling place.
If, because of limited space, all watchers cannot be accommodated in the accessible
polling place, preference shall be given to the watchers of the dominant majority
and dominant minority parties as determined by the Commission and the watcher
of the citizens' arm, with the latter being given preferential position closest to the
SBEI-PWD. In case there are two or more citizen's arm, the one authorized by the
Commission to conduct an unofficial count shall be given preference.
SECTION 9.
unless he:
(A)
HDICSa
(B)
Is of good reputation;
(C)
(D)
(E)
(F)
SECTION 10.
Rights and Duties of Watchers. Upon entering the accessible
polling place, the watchers shall deliver to the chairman of the SBEI-PWD their
appointment as watchers, and their names shall forthwith record in the Minutes of
Voting with a notation under their signatures that they are not disqualied to serve
as such under the immediately preceding Section. The appointments of the
watchers shall bear the signature of the candidate or duly authorized representative
of the party, organization or coalition that appointed them. For this purpose, at least
fteen (15) days before election day, independent candidates, registered parties,
organizations, or coalitions authorized by the Commission to appoint watchers shall
provide the Election Ocers concerned with the names and signatures of their
representatives authorized to appoint watchers in the city or municipality and
special polling places in jail in said city/municipality.
The watchers shall have the right to:
(A)
(B)
(C)
(D)
(E)
Watchers shall not speak to any member of the SBEI-PWD, or to any voter or
among themselves, in such manner as would disturb the proceedings of the SBEIPWD.
CTIDcA
SECTION 11.
Monitoring groups duly accredited by the Commission shall be allowed access to the
accessible polling places to observe the proceedings; Provided, said groups present
the necessary identification to the SBEI-PWD.
Accredited media representatives and foreign observers shall also be allowed access
to the accessible polling places upon presentation of the necessary identication to
the SBEI-PWD.
SECTION 12.
Documentation and Communication Devices Allowed in Accessible
Polling Places. Watchers, members of the SBEI-PWD, SBEI-PWD support staff, and
COMELEC representatives shall be allowed to bring cameras, cellular phones and
laptops in the accessible polling places. Provided: These devices are to be used
exclusively for ocial documentation and communication purposes; Provided
further: That the secrecy of the ballots shall be respected at all times.
RULE V
Description
Rate of Distribution
Election Forms
A12
Paper Seal
(No. of
Clustered
Precincts with
PWD voters ) x
(2)
Piece
TCIDSa
Expandable Envelopes
For the ballots from the
(No. of
precincts with PWD
Clustered
voters
Precincts with
PWD Voters ) x
(2)
Pieces
Other Forms
A30/A31
Temporary
10
appointment of
Chairman/Poll
Clerk/Third
Member/Support Staff
Pieces
A35
Certificate of Challenge
or Protest and Decision
of the SBEI-PWD.
10
A39
Oath of Voter
10
Pieces
Pieces
Oath of Identification of
challenged Voter
10
Pieces
Supplies
Bond Paper (Long)
30
22
Thumbprint Taker
Indelible Stain Ink
Pieces
Piece
Bottles
Instruction to Voters
Marking Pens
Ball pen
Pieces
Pieces
Piece
Boxes
b)
c)
HSDIaC
The SBEI-PWD shall carefully check the dierent election forms, documents and
supplies and the quantity actually received. The SBEI-PWD shall sign a Certicate of
Receipt (A14) in three copies, the original of which shall be delivered to the
City/Municipal Treasurer, who shall transmit the same to the ERSD, COMELEC,
Manila, immediately after election day.
SECTION 2.
Forms to be Reproduced When Needed. The following forms may
be reproduced when needed:
(A)
(B)
(C)
(D)
Procedures of Voting
SECTION 1.
Date and Time of PWD Voting. Voting for all qualied PWDs shall
take place on the same date as the national and local elections is conducted.
SECTION 2.
(A)
Regular Polling Places with PWD Voters: Before the voting in the regular
polling places, the Chairman of the BEI using the EDCVL-PWD as reference shall
annotate the PWDs' names in the EDCVL with "PWD voter" and shall ax his initial
beside the annotation. The number of PWD voters and the fact that their names
were annotated with "PWD" shall be entered into the Minutes of Voting.
AacDHE
Upon the arrival of the SBEI-PWD Support Sta, the Chairman of the BEI shall
count and segregate the ballots allocated for PWD voters in the presence of the
former and thereafter insert the same in a folder. The BEI shall place the folder
inside an envelope carried by the Support Sta and close the envelope. The BEI
shall then seal the envelope using the paper seal (also brought by the Support Sta
of the SBEI-PWD). The BEI shall ax their initials on the paper seal and turn it over
to the SBEI-PWD support staff.
The BEI shall then enter into the Minutes of Voting the name of the SBEI-PWD
Support Sta, the number of ballots received, the serial number of the paper seal of
the envelope and the time the latter picked up the ballots. The BEI shall require the
SBEI Support Sta to sign the entry. The chairman of the BEI shall then announce
to the public that the ballots of PWD voters shall be transferred by the SBEI-PWD
support staff to the accessible polling place.
Thereafter, the support sta shall immediately deliver the ballots to the accessible
polling place.
(B)
Accessible Polling Places: The SBEI-PWD and all the support sta shall meet
at the accessible polling place at six o'clock in the morning of election day.
The SBEI-PWD shall give to the support sta the envelopes [with one (1) paper
seal] for each clustered precinct with PWD voter/s in the voting center where the
latter is assigned. Upon receipt of the envelopes, the Support Sta shall leave the
accessible polling place escorted by the watchers and monitoring groups.
The SBEI-PWD shall ensure that the accessible polling place is ready for the voting.
i)
ii)
The SBEI-PWD shall post the PCVL-PWD near or at the door of the
accessible polling place.
IAETSC
Upon the arrival of the envelopes, the chairman of the SBEI-PWD in the presence of
the other members, shall open the same and count the number of ballots. The fact
and time of arrival and the number of ballots shall be entered into the Minutes of
Voting. The chairman of the SBEI-PWD shall then announce to the public that the
ballots of PWD voters had been received.
SECTION 3.
(A)
(C)
ii.
iii.
Before giving the ballot to the voter, the chairman of the SBEIPWD shall:
i.
ii.
iii.
v.
Only the chairman of the SBEI-PWD shall issue the ocial ballots, and not more
than one ballot shall be issued at one time.
SECTION 4.
manner:
aHSTID
(A)
The PWD shall accomplish the ballot, using the ballot secrecy
folder in accordance with the General Instructions for Voting;
(B)
After accomplishing his ballot, the voter shall then approach the
table where the envelope for his precinct is placed and insert the
same into the said envelope;
(C)
(D)
(E)
SECTION 5.
Challenge Against Illegal Voters. Any voter or watcher may
challenge any person offering to vote for:
(A)
(B)
(C)
In such case, the SBEI-PWD shall satisfy itself as to whether or not the ground for
the challenge is true by requiring proof of registration, identity or qualication. The
SBEI-PWD shall identify the PWD through his photograph, ngerprint or specimen
signatures in the EDCVL-PWD. In the absence of any of the above-mentioned proof
of identity, any member of the SBEI-PWD may identify under oath a voter, and such
act shall be reflected in the Minutes of Voting.
SECTION 6.
challenge any PWD offering to vote on the ground that the PWD voter:
cdphil
(A)
(B)
(C)
In such case, the challenged PWD shall take an oath before the SBEI-PWD that he
has not committed any of the acts alleged in the challenge. Upon taking such oath,
the challenge shall be dismissed and the PWD shall be allowed to vote. In case the
PWD refuses to take such oath, the challenge shall be sustained and the PWD shall
not be allowed to vote.
SECTION 7.
Rules to be Observed during the Voting. During the voting, the
SBEI-PWD shall see to it that:
(A)
(B)
No watcher shall enter the place reserved for the PWDs and the
SBEI-PWD, nor mingle and talk with the voters;
(C)
SECTION 8.
(A)
Bring the ballot, ballot secrecy folder or marking pen outside the
polling place;
(B)
(C)
(D)
(E)
(F)
SECTION 9.
Sealing of the Envelopes Per Precinct. After all the PWD voters in a
particular precinct have already voted, the chairman in the presence of the SBEIPWD shall:
(A)
Count the used and unused ballots, if there are any, and
separately record in the Minutes of Voting the quantity of used
and unused ballots indicating therein the Precinct Number of the
ballots;
(B)
(C)
(D)
Hand over the sealed envelope to the support sta for counting
to the regular polling place; and
(E)
(F)
SECTION 11.
Disposition of Election Documents. The SBEI-PWD shall deliver to
the Election Ocer the accomplished Certication/Attestation by Assistor with
Supplementary Data, EDCVL-PWD, the PCVL-PWD and other election paraphernalia.
SECTION 12.
Counting of the PWD Voters' Ballots. The SBEI-PWD support sta
shall ensure that all ballots of PWD voters reach the regular polling places where
the PWDs are registered not later than 30 minutes after the last voter has voted.
When the SBEI-PWD support sta reaches the regular polling place, the BEI shall
enter into the Minutes of Voting the receipt of the sealed envelope and announce to
the public that the accomplished ballots of PWDs and torn unused ballots, if there is
any, from the accessible polling place have been received. The BEI will open the
envelope only when all the voters in the clustered precincts have nished voting,
and, thereafter, the chairman of the BEI, in the presence of the other members and
watchers shall feed the PWD voters' ballots to the machine for counting. Half of the
torn unused ballots shall be inserted in the envelope (A15) that will be submitted to
the Election Ocer for safekeeping, half to the other envelope (A15) that will be
deposited inside the ballot box. Said fact shall be entered into the Minutes of Voting.
RULE VII
Miscellaneous Provisions
SECTION 1.
Repealing Clause. All other resolutions inconsistent with the
provisions embodied in this resolution are hereby repealed.
SECTION 2.
Effectivity. This resolution shall take eect on the fth (5th) day
after its publication in two (2) daily newspapers of general circulation in the
Philippines.
SECTION 3.
Publication and Dissemination. Let the Education and Information
Department of this Commission cause the publication of this Resolution in two (2)
daily newspapers of general circulation in the Philippines and furnish copies thereof
to all Regional Election Directors, Provincial Election Supervisors, Election Ocers,
Board of Election Inspectors and the Special Board of Election Inspectors for PWDs.
SO ORDERED.
aTDcAH
Chairman
(SGD.) RENE V. SARMIENTO
Commissioner
(SGD.) LUCENITO N. TAGLE
Commissioner
(SGD.) ARMANDO C. VELASCO
Commissioner
(SGD.) ELIAS R. YUSOPH
Commissioner
(SGD.) CHRISTIAN ROBERT S. LIM
Commissioner