This pertains to the Memorandum dated September 01, 2009 of Executive Director Jose M. Tolentino, Jr. relative to the Memorandum of Acting Director IV Jeannie V. Flororita, Information Technology Department, submitting her recommendations on various issues relating to the Computerized Voters List Cleansing Project.

The Memorandum of Executive Director Tolentino reads:

       "For your Honors' consideration is the Memorandum dated August 24, 2009 from Director Jeannie V. Flororita, Information Technology Department, containing recommendations on various issues relating to the Computerized Voters List Cleansing Project, to wit:

1. On the issue of Validation:
1. The old date of registration be retained in the voter's record as his date of registration. However, if there are applications for changes, corrections, transfer and/or reactivation of the registration record, the date of the application shall be recorded as the voter's date of registration.


2. Applications for changes in the biometrics for irrelevant or minor changes should not be allowed. However, in situations where there is a need to correct a valid biometrics error, this may be granted. Also allowed are applications for correction of entries of women due to marriage resulting to change in signature.
2. For Fingerprint-Matching using AFIS:
1. In cases where there is more than one record belonging to a voter, the older record shall be retained if the names of the voter in the multiple records are the same.


2. In cases where the reason for the multiple records of a female voter is marriage, and the older record was when she was still single, the newer record should be retained.


3. In cases where AFIS finds more than one record with different names, the preceding paragraphs should not be implemented and an investigation should be conducted. The Election and Barangay Affairs Department should prepare the corresponding policy recommendation on the instant matter.


4. For purposes of the 2010 elections, the deactivated records should be excluded from the initial AFIS-matching procedure.
3. For Voter's ID Card Generation
1. The issuance of the Voter ID cards shall resume after the nationwide central voter database has undergone cleansing using the AFIS.
4. November 30, 2009 Deadline of Validation
1. First option, the COMELEC shall accept applications for validation (biometrics capture only) until the deadline on November 30, 2009. Validation shall then resume after the generation of the certified CVL for election purposes.


2. Second option, the Commission shall accept applications for validations even after the deadline.

       With regard to the first three issues raised by Dir. Flororita, the undersigned proposes that the Commission en banc adopts her recommendations thereon. As to the fourth issue, the undersigned suggests that the first option be adopted by the Commission en banc.

       Respectfully submitted."

The Memorandum of Director Flororita states:

       "In relation to the preparations that are being made for the implementation of the CVL Cleansing Project, please find below a list of issues, together with the corresponding recommendations for each, requiring policy decisions:

A. VALIDATION

1. Should the old date of registration be retained in the voter's record as the date of registration of the voter?



It is recommended to keep the original date of registration. However, if there is an accompanying application with the validation, such as for correction of entry, or transfer and/or reactivation of registration record, it is recommended that the date of application be recorded in the voter's record as the date of registration.

2. Should we allow an application for change of biometrics in the validation procedure (such as change of photograph)?



It is not recommended to accept applications for change in biometrics simply for 'aesthetic' purposes, such as to have a more 'beautiful' photograph in the voter's record. Aside from taking up time which could be used by 'more valid' applications, this would also entail re-generation of the voter's ID card of the concerned voter.

However, if the request is valid such as to correct a previous biometrics capture error, this may be allowed. This may include instances such as a photograph for a different voter being reflected in the record, or other part of the body is in the photo instead of the face.

This should also be allowed for application for correction of entries from women voters due to marriage resulting to change in signature.

3. Should the validation procedure end with the 30 November 2009 deadline set in the Terms of Reference (TOR)?



There are two (2) options available to the COMELEC:

1. To accept applications for validation (strictly biometrics capture only) until the deadline set for it on 30 November 2009 and continue after the generation of the certified CVL for election purposes; or



. Advantages:

1. We avoid the wrong public perception that their biometrics will be available on the EDCVL come Election Day.


2. We also avoid the possible wrong public perception that the COMELEC is 'adding' to the EDCVL even after the prescribed period.

. Downside:

1. We do not make use of the time to collect the biometrics of applicants who would have time to personally appear before the OEO for this purpose.


2. The use of the new validation DCMs, including the services of the accompanying job order casual with each, will not be maximized.

We of the use avoid the wrong public perception that their biometrics will be available on the EDCVL come Election Day.

2. To accept applications for validation continuously even after this set deadline;



. Advantages:

1. We will continue to add to our pool of biometrics in our database for AFIS-matching.


2. We maximize the use of the validation DCMs, including the services of the accompanying JO casual with each.

. Downside:

1. People may assume that the COMELEC is padding the voter's list, or is still accepting applications for registration, even after the prescribed period.


2. People may assume that their biometrics will be available in the EDCVL come Election Day, and get a negative impression or feedback on the Project or on the COMELEC in general.

B. FINGERPRINT-MATCHING USING AFIS

1. If AFIS finds more than one record belonging to a voter, which one should be kept in the voter database?



It is recommended that the older record be retained, in compliance with the requirements of RA 8189, if the names of the voters in the duplicate/multiple records are the same.

However, if the reason for duplicate/multiple records for a woman voter is by reason of marriage, that is, the older record was when she was still single, the newer record should be retained.

There should also be a proper and effective way of informing the voter concerned of the 'duplicate/multiple' status of his registration and which registration record has been retained.

2. If AFIS finds more than one record with different names, should the previous policy in retaining the previous record still be implemented?



Since this is obviously a deliberate attempt to commit fraud, it is not recommended to automatically implement the previous policy on retaining previous registration. This should be subject of an investigation with the guilty party being dealt with as provided for by law.

It is further recommended that the Election and Barangay Affairs Department prepare the corresponding policy for dealing with this legal matter.

3. Will deactivated record be included in the fingerprint-matching?



For the 10 May 2010 Elections, it is recommended that the deactivated records be excluded from the initial AFIS-matching procedure. Afterwards, once the concerned deactivated voter applies for reactivation and the ERB approves his application, the concerned record shall then be submitted for AFIS-matching.

C, VOTER'S ID CARD GENERATION

Should we continue issuing out Voter ID cards during the CVL cleansing period using AFIS?

We recommend that the issuance of voter ID cards be resumed after the nationwide central voter database has undergone cleansing using the AFIS. This way, we avoid wastage in paper and other print consumables in printing Voter's ID cards for people who are duplicate/multiple registrants since we will only be printing from a clean database with unique records.

For appropriate action."

The Commission RESOLVED, as it hereby RESOLVES, to approve the recommendation of Executive Director Jose M. Tolenino, Jr., as follows:

1) to adopt Director Flororita's recommendations for issues 1, 2, and 3, to wit:

1. On the issue of Validation:
1. The old date of registration be retained in the voter's record as his date of registration. However, if there are applications for changes, corrections, transfer and/or reactivation of the registration record, the date of the application shall be recorded as the voter's date of registration.
1. Applications for changes in the biometrics for irrelevant or minor changes should not be allowed. However, in situations where there is a need to correct a valid biometrics error, this may be granted. Also allowed are applications for correction of entries of women due to marriage resulting to change in signature.
2. For Fingerprint-Matching using AFIS:
1. In cases where there is more than one record belonging to a voter, the older record shall be retained if the names of the voter in the multiple records are the same.


2. In cases where the reason for the multiple records of a female voter is marriage, and the older record was when she was still single, the newer record should be retained.


3. In cases where AFIS finds more than one record with different names, the preceding paragraphs should not be implemented and an investigation should be conducted. The Election and Barangay Affairs Department should prepare the corresponding policy recommendation on the instant matter.


4. For purposes of the 2010 elections, the deactivated records should be excluded from the initial AFIS-matching procedure.
3. For Voter's ID Card Generation
1. The issuance of the Voter ID cards shall resume after the nationwide central voter database has undergone cleansing using the AFIS.

2) to adopt option no. 1 for issue no 4, to wit:

November 30, 2009 Deadline of Validation

       The COMELEC shall accept applications for validation (biometrics capture only) until the deadline on November 30, 2009. Validation shall then resume after the generation of the certified CVL for election purposes.

Let the Information Technology Department implement this resolution.

SO ORDERED.

POSTED: 09.29.2009 LTO, Updated: 01.20.2012 JJSH