Resolution No. 7854
RULES AND REGULATIONS GOVERNING THE CONDUCT OF THE MAY 14, 2007
PLEBISCITE TO RATIFY THE CONVERSION OF LAPU-LAPU CITY FROM A
COMPONENT CITY INTO A HIGHLY- URBANIZED CITY, PURSUANT TO PRESIDENTIAL
PROCLAMATION NO. 1222 DATED JANUARY 23, 2007, SIMULTANEOUSLY
WITH THE MAY 14, 2007 SYNCHRONIZED NATIONAL AND LOCAL ELECTIONS
Promulgation: 03 April 2007
The Commission on Elections, by virtue of the powers conferred upon it by the Constitution, the Omnibus Election Code, the Local Government Code of 1991, Republic Act No. 7166, and other election laws, RESOLVED to promulgate, as it hereby RESOLVES to promulgate, the following rules and regulations to govern the conduct of the May 14, 2007 plebiscite to ratify the conversion of Lapu-Lapu City from a component city into a highly-urbanized city, simultaneous with the May 14, 2007 synchronized national and local elections, pursuant to Presidential Proclamation No. 1222 dated January 23, 2007.
SEC. 1. Supervision and control. - The Commission on Elections shall have direct control and supervision over the conduct of the plebiscite.
SEC. 2. Expenses and election forms and paraphernalia. - The expenses in holding the plebiscite, which shall include the printing of official ballots, plebiscite returns and other forms; the procurement of supplies and paraphernalia; the per diems of the members of the Plebiscite Committees, the overtime compensation of the City Plebiscite Board of Canvassers (the Board), and their support staff; other operational and incidental expenses; and the costs of publication of resolutions and information materials, shall be borne by Lapu-Lapu City.
For this purpose, the Deputy Executive Director for Operations (ODEDO) shall require the City Election Officer of Lapu-Lapu City to prepare the budgetary requirements of its office; submit the budget for the holding of the plebiscite; and require the proponent to immediately appropriate and remit the necessary amount.
The Committees on Allocation, Printing, Reception and Verification, Packing and Shipping, Election and Barangay Affair Department and Administrative Services Department shall prepare their itemized administrative, operational and technical Budgetary needs, which shall be reviewed and consolidated by the ODEDO, and shall submit the same to the Commission En Banc, for approval.
SEC. 3. Posting of Proclamation No. 1222. – At least ten (10) days prior to the day of the plebiscite, the EO of Lapu-Lapu City shall cause the posting of copies of Proclamation No. 1222, in all the polling places of Lapu-Lapu City.
SEC. 4. Information campaign. – An objective information campaign shall be conducted in the whole Lapu-Lapu City, to commence on April 14, 2007 up to May 12, 2007. During this period, civic, professional, religious, business, youth and any other similar organizations may hold symposia, public rallies or meetings to enlighten the voters of Lapu-Lapu City on the plebiscite issues, and to campaign for or against the ratification of Proclamation No. 1222. Constructive discussions and debates shall be encouraged and the voters assured of the freedom to voice their opinion regarding the issues, advantages or disadvantages thereof.
The EO of Lapu-Lapu City, in coordination with the local government officials, mass media, NGOs and religious groups shall convene barangay assemblies or “pulong-pulongs” for such constructive discussions and debates.
SEC. 5. Date of plebiscite and voting hours. – The plebiscite shall be held on May 14, on May 14, 2007 (Monday) simultaneous with the May 14, 2007 national and local elections. The voting shall start at seven o’clock in the morning and end at three o’clock in the afternoon.
SEC. 6. Area of coverage.– The plebiscite shall be held in the whole of Lapu-Lapu City.
SEC. 7. Who may vote. – All qualified voters of Lapu-Lapu City duly registered as of the January 8 – 12, 2007 hearings of the Election Registration Board (ERB) are entitled to vote in the plebiscite.
The EO of Lapu-Lapu City shall prepare the lists of voters for use in the plebiscite in accordance with Section 11 hereof.
SEC. 8. Plebiscite Committee Composition, Compensation, Duties and Functions.–There shall be a separate Plebiscite Committee (Committee) composed of a Chairman, a Poll Clerk and a Third Member who shall all be public school teachers, to be appointed by the Commission through the EO of Lapu-Lapu City, to conduct the voting and counting of votes in each polling place.
Each member of the Committee shall be entitled to a per diem of One Thousand Pesos (P 1,000.00) for services rendered on the day of the plebiscite.
The Committee shall have the following powers and duties:
- Supervise and conduct the voting in the polling place on May 14, 2007;
- Count the votes and thereafter prepare the plebiscite returns and other required documents/reports and distribute the same as herein provided;
- Furnish watchers certificate of votes upon request;
- Return the book/s of voters to the EO, through the principal of the polling centers, and deliver the other plebiscite paraphernalia to the respective custodians for safekeeping not later than May 16, 2007;
- Act as deputies of the Commission in the supervision and control of the plebiscite in the polling places wherein they are assigned to ensure the holding of free, orderly, honest, peaceful and credible plebiscite;
- Maintain order within the polling place and its premises, to keep access thereto, open and unobstructed, and to enforce obedience to its lawful orders.
If any person shall refuse to obey lawful orders of the Committee or shall conduct himself in a disorderly manner in its presence or within its hearing thereby interrupting or disturbing its proceedings, the Committee may issue an order in writing directing any peace officer to take such person into custody until the adjournment of the meeting, but such order shall not be executed as to prevent the person so taken into custody from exercising his right to vote. Such order shall be executed by any peace officer to whom it may be delivered, but if none is present, by any other person deputized by the Committee in writing; and
- Perform such other functions/duties as may be prescribed by the Commission.
SEC. 9. Disqualifications. - (a) No person shall serve as chairman or member of the Committee if he is related within the fourth civil degree of consanguinity or affinity to any member of the same Committee.
(b) No member of the Committee shall engage, directly or indirectly, in any partisan political activity or take part in the plebiscite, except to discharge his duties as such, and to vote provided he is a registered voter of Lapu-Lapu City.
SEC. 10. Precincts and polling places. – The precincts established for the May 14, 2007 National and Local Elections shall be the same precincts to be used in the May 14, 2007 plebiscite.
SEC. 11. Precinct Level Computerized Voters List (PCVL) and Election Day Computerized Voters List (EDCVL). - The EO of Lapu-Lapu City shall print four (4) copies of PCVL which shall be certified by the Election Registration Board (ERB). The two (2) copies of the PCVL shall be given to the Committees for use on plebiscite day.The other four(4) copies of the PCVL shall be distributed as follows:
- One copy for posting at the Office of the Election Officer of Lapu-Lapu City; and
- One copy for posting at the bulletin board of the City Hall of Lapu-LapuCity.
The Information Technology Department shall print two (2) copies of the Election Day Computerized Voters List (EDCVL).
Sec. 12. Distribution of Plebiscite Forms and Supplies. - The City Treasurer shall, in coordination with the EO concerned, distribute the plebiscite forms and supplies to the Committees. The EO or his authorized representatives shall release the Books of Voters and the PCVL to the School Principal concerned who shall in turn release them to the Plebiscite Committees.
SEC. 13. Official ballots. – The official ballots shall be distributed at the ratio of one ballot per voter.
The official ballots to be used in the plebiscite shall bear the following heading “OFFICIAL BALLOT”; “PLEBISCITE”; “MAY 14, 2007”; “LAPU-LAPU CITY”; and underneath the following instructions: “Fill out this ballot secretly inside the booth. Do not put any distinctive mark on any part of this ballot.”
"DO YOU APPROVE OF THE CONVERSION OF LAPU-LAPU CITY FROM A COMPONENT CITY INTO A HIGHLY- URBANIZED CITY, PURSUANT TO PRESIDENTIAL PROCLAMATION NO. 1222"
The following questions shall be provided in the official ballots:
SEC. 14. Preliminaries to the Counting of Votes. - (a) The Committee shall clear the table of all unnecessary writing paraphernalia.
(b) The Committee shall open the ballot box, take out the ballots from the compartment for valid ballots and, without unfolding or exposing their contents, examine them using the following guidelines:
- Ballots folded together - The Committee shall ascertain that each fold consists of a single ballot.
- Excess ballots - The Committee shall count the ballots and compare the number of ballots with the number of voters who actually voted.
- Ballots with detachable coupons – In case ballots with their detachable coupon are found in the box, the coupon shall be detached and deposited in the compartment for spoiled ballots, and the ballots shall be included in the pile of valid ballots.
- Ballots with the word “spoiled” - If ballots with the word "spoiled" should be found, they shall be placed in the compartment for spoiled ballots.
If in the course of the examination, ballots are found folded together before they were deposited in the ballot box, they shall be placed in an envelope for excess ballots.
If there are more ballots than the number of voters who actually voted, follow the procedures provided for in Sec. 16 hereof.
The ballots deposited in the compartment for spoiled ballots shall be presumed to be spoiled ballots, whether or not they contain such notation; but if the Committee should find that during the voting any valid ballot was erroneously deposited in this compartment, or if any ballot separated as excess or marked had been erroneously deposited therein, the Committee shall open said compartment after the voting and before the counting of votes for the sole purpose of drawing out the ballots erroneously deposited therein. It shall then prepare and sign a statement of such fact and lock the box with its three keys immediately thereafter. The valid ballots so withdrawn shall be mixed with the other valid ballots, and the excess or marked ballots shall be placed in their proper envelopes which shall for such purposes be opened and again labeled, sealed, signed and kept as hereinafter provide
(c) Excess and spoiled ballots shall not be read in the counting of votes.
(d) The poll clerk shall take hold of the plebiscite returns and the third member shall tack the tally board on the blackboard or any available space within the plain view of the Committee, watchers and the public.
SEC. 15. Manner of Counting of Votes. - The counting of votes shall be public without interruption or delay until completed and shall proceed as follows:
- The Committee shall open the ballot box, take out the ballots and without unfolding them or exposing their contents except so far as to ascertain that each ballot is single, compare the number of ballots in the box with the number of voters who actually voted as recorded in the Minutes of Voting and Counting.
- If there are more ballots found than there are voters who actually voted, all the ballots shall be returned inside the box and thoroughly mixed therein. The Poll Clerk, without seeing the ballots and with his back to the box, shall publicly draw out as many ballots as may be equal to the excess, and without unfolding them, place them in an envelope which shall be marked excess ballots,” sealed and signed by the Committee.
- The Chairman shall take the ballots of the first pile and read the ballots one by one, while the Poll Clerk and Third Member shall simultaneously record on the plebiscite returns and tally board, respectively, each vote as it is read by the Chairman.
- Thereafter, the same procedures shall be followed with the second and subsequent piles of ballots.
- After all the ballots for the precinct have been counted, the
If there are no excess or the excess has been taken out, the Committee shall form separate piles of 100 ballots each which shall be held together by rubber band.
Each vote shall be recorded by a vertical line, except every fifth vote, which shall be recorded by a diagonal line crossing the previous four vertical lines.
After finishing the first pile, the Committee shall count the tallies for the Affirmative and Negative votes and record the sub-totals in the column immediately after the last tara recorded in the plebiscite returns and tally board, respectively.
The Poll Clerk and the Third Member shall compare the tallies reflected in the plebiscite returns and tally board.
In case of discrepancy, a recount shall be made. The ballots shall again be grouped together as before the reading.
- Sum up the sub-totals of recorded Affirmative and Negative Votes and enter the grand total in words and in figure in the plebiscite returns and tally board;
- See to it that the entries in the first copy of the plebiscite returns are clearly impressed and reflected properly in the other two (2) copies;
- Sign and affix their thumb marks on the certification portion printed at the bottom of the plebiscite returns and tally board; and
- Place the counted ballots in an envelope provided for the purpose, close the envelope with a serially numbered paper seal, sign and deposit the same in the compartment for valid ballots. The accomplished tally board,certified by the Committee, shall also be deposited in the compartment for valid ballots.
SEC. 16. Appreciation of Ballots. - The provisions of Sec. 211 of the Omnibus Election Code whenever applicable, shall govern the appreciation of ballots. Any question on the appreciation of ballots shall be decided by majority vote of the Committee.
No watcher or any other person inside the polling place shall be allowed to participate in the appreciation of ballots. However, any watcher may file a protest, which shall be recorded in the Minutes.
SEC. 17. Plebiscite Returns and Distribution of Copies Thereof. – Plebiscite returns shall be prepared in three (3) copies. All the members of the Committee shall sign the certification printed at the bottom of the plebiscite returns and affix their respective thumb marks on the space provided.
Upon completion of the plebiscite returns, each copy shall be placed in separate envelopes provided for the purpose, and the Committee shall immediately distribute the same under proper receipt, as follows:
- The first copy, to the City Plebiscite Board of Canvassers;
- The second copy, to the Election Records and Statistics Department of the Commission in Manila; and
- The third copy shall be deposited inside the ballot box.
SEC. 18. Announcement of Results. - Upon completion of the plebiscite returns, the Chairman of the Committee shall orally and publicly announce the total number of Affirmative and Negative Votes cast and counted in the precinct.
SEC. 19. Alterations and Corrections of Plebiscite Returns. - Any correction or alteration made in the plebiscite returns by the Committee before the announcement of the results of the plebiscite in the polling place shall be duly initialed by all the members thereof.
After the announcement of the results of the plebiscite, the Committee shall not make any alteration or amendment in any of the copies of the returns, unless ordered by the Commission.
SEC. 20. Certificates of Votes. - Before leaving the precinct, the Committee shall issue a Certificate of Votes to the watchers upon the latter’s request.
SEC. 21. Delivery of the Ballot Boxes, and Other Supplies and Documents, Preservation of Voting Records, Ballot Boxes and their Keys, and their Disposition. - The provisions of Section 217, 218 and 219 of the Omnibus Election Code on delivery of ballot boxes, keys and election supplies and documents, preservation of the voting records and ballot boxes, and their keys and disposition of their contents shall apply to the plebiscite governed by this Resolution.
SEC. 22. Plebiscite Board of Canvassers.- The City Board of Canvassers (the CBOC) of Lapu-Lapu City constituted for the May 14, 2007 national and local elections to canvass the votes for the national and local candidates shall serve concurrently as the City Plebiscite Board of Canvassers (CPBC) which shall canvass the plebiscite returns submitted by the Committees. The sub-canvassing committees created by the CBOC shall also serve as sub-canvassing committees to expedite the canvass of the plebiscite results in the seven hundred forty-one (741) clustered precincts.
At least five (5) days before the day of the plebiscite, the chairman shall issue a written notice to the other members of the Board, separate from the written notice given by the chairman as to the convening of the CBOC, that it shall convene at six o'clock in the afternoon of May 14, 2007 to canvass both the election and the plebiscite returns. Notice of said convening shall also be posted in conspicuous places in the City Hall and other public places in Lapu-Lapu City.
SEC. 23. Supervision and Control over the Board. - The Commission shall have direct control of and supervision over the Board and may motu proprio relieve at any time any member thereof for cause and may substitute him in accordance with Sec. 26 hereof.
SEC. 24. Absence of a Regular Member. - In case of absence of a regular member, the members present shall first verify whether or not the notice stating the date, time and place of canvassing has been duly served on the absent regular member.
In the absence of such notice, one shall be immediately sent to the absent member. If the latter cannot be located, or his whereabouts are unknown, he shall then be substituted. These facts shall be recorded in the respective minutes of the CPBC. As soon as the absent member appears, the substitute member shall relinquish his seat to the regular member.
SEC. 25. Incapacitated Regular Member. - In case of sickness or serious injury of the regular member, a sworn medical certificate shall be required attesting to the incapacity of said member. Upon submission of the medical certificate, a substitute shall be appointed. Said certificate shall be recorded in the Minutes of the CPBC.
SEC. 26. Substitution of Chairman and Members. - In case of non- availability, absence, disqualification due to relationship, or incapacity for any cause of the chairman, the Commission shall appoint a lawyer of the Commission as substitute. With respect to the other members of the CPBC, the Commission shall appoint as substitute the following in the order named: City Administrator, the City Assessor, the Clerk of Court nominated by the Executive Judge of the Municipal Trial Court in Cities, and other available appointive City official.
SEC. 27. Prohibition Against Leaving Official Station. - During the period beginning May 14, 2007 until the completion of the canvass, no member or substitute member of the CPBC shall be transferred, assigned or detailed outside of his official station nor shall he leave his station without prior authority of the Commission.
SEC. 28. Quorum. - A majority of the members of the CPBC shall constitute a quorum for the transaction of business. A majority vote of all the members thereof shall be necessary to render a decision.
SEC. 29. Watchers: Rights and Duties. - The proponents and oppositions, registered political parties or coalition of political parties, the citizens’ arm of the Commission, if any, and other accredited groups or organizations may appoint watchers during the voting, counting and canvassing. A person who is not a registered voter of the City, of questionable reputation, or who has been convicted of an election offense or any other crime shall not be appointed as watcher. Barangay officials, including barangay tanods, are disqualified to serve as watchers.
The watchers shall have the right to:
(a) be present at, and take note of all the proceedings;
(b) read the plebiscite returns without touching them; and
(c) file a protest against any irregularity noted in the plebiscite return or in the proceedings of the Board and obtain the resolution thereon in writing.
The watcher shall not be allowed to participate in the deliberation of the Board.
SEC. 30. Right to be Present and to Counsel. - Proponents or oppositors have the right to be present and to counsel during the canvass of the returns. Only one counsel shall argue for the proponent or oppositor. In case there are several counsel for the proponents or oppositors, they shall agree among themselves who will argue for them.
SEC. 31. Discretion of the Board in the canvass of both the plebiscite returns and the election returns. – The Board, sitting as both the City Board of Canvassers and the City Plebiscite Board of Canvassers, may, at its discretion, determine the order in the canvass of the election returns and the plebiscite returns, Provided, That, the canvass of the plebiscite returns would not unduly delay the canvass of the election returns.
SEC. 32. Internal Canvassing Procedures. - The CPBC shall canvass the plebiscite returns in the following manner:
- The Chairman of the CPBC shall list sequentially all precincts in the Statement of Votes (SOVs) by precinct and ensure that every precinct in the project of precincts is listed therein. The CPBC Chairman shall produce before the members, the ballot boxes containing plebiscite returns;
- Before opening a ballot box, the CPBC shall record the conditions and serial numbers of the ballot boxes and the self-locking serially numbered fixed length seals;
- The Chairman of the CPBC shall then open the ballot box, retrieve the envelopes containing plebiscite returns and record in its Minutes of Canvass, the condition and serial number of the envelopes and their paper seals;
- The Chairman of the CPBC shall open the envelope one at a time, record the condition and serial number of the returns and its paper seal, and forthwith open the same for canvassing.
- In case its copy of a plebiscite returns is missing, the CPBC shall, obtain such missing returns from the Plebiscite Committee concerned. If said returns have been lost or destroyed, the CPBC, upon prior authority of the Commission may use any of the authentic copies of said returns or a certified copy thereof issued by the Commission. Forthwith, the PBC shall refer the case for investigation to the Regional Election Director (RED) concerned who shall report his findings to the Commission; and
- Each time the CPBC suspends its meetings or adjourns for the purpose of awaiting for the other plebiscite returns, it shall:
- Determine the totals of all Affirmative and Negative votes canvassed;
- Accomplish the SOV by precinct and close the same with the initials of the members following the last entry of Affirmative and Negative votes;
- Place the SOV in an envelope, which shall be sealed with a serially numbered paper seal and signed by the members in the presence of all the members of the board and the watchers; and
- Place the plebiscite returns already canvassed, the remaining unopened envelopes, and envelope containing a copy of the SOV inside a ballot box which shall be locked with three padlocks and a self-locking metal seal, the serial number of which shall be duly recorded in the Minutes of Canvass.
- At the resumption of the canvass, the secretary of the CPBC shall:
- Get the ballot box from the secured room and verify the condition of the ballot box, the three padlocks and the self-locking serially numbered fixed length seal;
- Enter in the Minutes a description of the condition thereof, as well as the serial number of the self-locking serially numbered fixed length seals;
- Destroy the self-locking serially numbered fixed length seals in the presence of the other members of the board and watchers; and
- Present to the CPBC the remaining unopened envelopes containing plebiscite returns and the official SOV contained in a duly sealed and signed envelope.
- After all the plebiscite returns assigned to it have been canvassed, the CPBC concerned shall:
- Prepare a tally of the total affirmative and negative votes including the data on the number of registered voters, number of voters who actually voted, and the total number of precincts it has canvassed. Such tally should be publicly accessible to ensure transparency; and
- Place the plebiscite returns copy for the PBC in their respective envelopes and deposit the same inside the ballot box which shall be locked with three padlocks and sealed with a self-locking metal seal.
- Each member of the CPBC shall keep a key corresponding to the three padlocks of the ballot box.
Only such number of envelopes containing plebiscite returns that can be canvassed during the meeting of the board shall be opened which number shall be recorded in the Minutes of Canvass.
Entries in the SOV by Precinct shall be made every time a plebiscite return is canvassed. Once all the columns of the SOV are filled up, the members of the CPBC shall sum up the number of precincts canvassed, the number of registered voters, the number of voters who actually voted, and the total Affirmative and Negative votes therein, and thereafter affix their initials below their names appearing at the certification portion of the form;
Each member of the CPBC shall keep a key to the three padlocks of a ballot box, so that it cannot be opened without all of them being present. The ballot box shall be deposited in a secured room for safekeeping until the resumption of its meeting.
SEC. 33. Minutes of the Canvass of the CPBC. - The CPBC shall prepare three (3) copies of the Minutes of the Canvass.
The first copy shall be submitted by the Secretary of the CPBC to the Law Department of the Commission within ten (10) days from termination of canvass. The second copy shall be deposited inside the ballot box. The third copy shall be forwarded to the Office of the Deputy Executive Director for Operations.
SEC. 34. Completion of the Canvass. - The CPBC shall sign the certification and affix their thumbmarks at the bottom of each SOV, and, using a separate SOV, consolidate the data including the total Affirmative and Negative votes. Thereafter, it shall prepare a Certificate of Canvass and Proclamation(COCP) which shall contain the following data:
- number of precincts canvassed;
- number of registered voters;
- number of voters who actually voted;
- number of affirmative and negative votes; and
- whether or not the affirmative or negative votes constitute a majority of the votes cast.
The COCP shall be supported by an SOV by precinct. The members of the CPBC shall print their full names and affix their signatures and thumbmarks in the proper space at the bottom of both forms and certify under oath that the entries therein are true and correct.
SEC. 35. Distribution of the COCP. - The COCP shall be prepared in four (4) copies, supported by a Statement of Votes per Precinct, and distributed as follows:
- The original shall, within three (3) days from proclamation, be sent to the Election Records and Statistics Department of the Commission;
- The second copy shall be filed in the Office of the Election Officer;
- The third copy shall be submitted to the Secretary of the Department of the Interior and Local Government; and
- The fourth copy shall be submitted to the City Mayor of Lapu- Lapu City.
SEC. 36. Applicability of the Omnibus Election Code and Other Election Laws. - The pertinent provisions of the Omnibus Election Code, Republic Act No.7160 and other election laws and resolutions of the Commission which are not inconsistent herewith shall, as far as practicable, apply to the plebiscite subject of this Resolution.
SEC. 37. Implementation. – The Office of the Executive Director, the Office of the Deputy Executive Director for Operations, assisted by Election and Barangay Affairs Department, Finance Services Department, and Administrative Services Department, shall implement this Resolution to ensure the holding of a free, orderly, honest, peaceful and credible plebiscite.
The Deputy Executive Director for Operations assisted by the Regional Election Director of Region VII and the Provincial Election Supervisor of Cebu shall supervise the conduct of the plebiscite.
SEC. 38. Dissemination. - Let this Resolution be published by the Education and Information Department (EID) in a newspaper of general circulation, and in a newspaper with local circulation in Lapu-Lapu City. The Deputy Executive Director for Operations shall furnish the Regional Election Director of Region VII, the Provincial Election Supervisor of Cebu, and the Election Officer of Lapu-Lapu City, the Secretary of the Department of the Interior and Local Government, the Secretary of the Department of Education, the Secretary of the Department of Justice, the Mayor of Lapu-Lapu City, the City Treasurer and the DepEd Superintendent of Lapu-Lpau City, with a copy of this Resolution.
The EO of Lapu-Lapu City shall give this Resolution the widest publicity in Lapu-Lapu City.
SEC. 39. Effectivity. - This Resolution shall take effect upon its publication.
CREATED: 04.25.2012 CPTB, UPDATED: 09.14.2012 MCDR