RESOLUTION No. 6117

      Art. 34. Period for casting of votes. - Qualified overseas absentee voters shall cast their votes at any time within thirty (30) days, except qualified seafarers who shall cast their votes at anytime within sixty (60) days, before the actual date of the election in the Philippines, including the day of election,

      The period for casting of votes shall end at the close of voting hours on election day, synchronized with Philippine time.

      For purposes of the May 10, 2004 elections, the 30-day and the 60-day voting period shall start on April 11, 2004 and March 12, 2004, respectively, local time at the host country. The period for casting of votes shall end at 3:00 P.M. of May 10, 2004, Philippine time.

      Art. 35. Manner of casting of votes. - Qualified overseas absentee voters shall cast their votes either personally, or by mail in countries where the same has been authorized by the Commission.

      Art. 36. Place of voting. - In case of personal voting, casting of votes shall be done in the designated voting area within the premises of the embassy, consulates, and other foreign service establishments, and other voting areas as may be determined by the Commission.

      Art. 37. Special Board of Election Inspectors. - A Special Board of Election Inspectors (the "SBEI") is hereby created in every Philippine embassy, consulate or foreign service establishment.

      The SBEI shall be composed of a Chairman and two (2) members, one of whom shall be designated as Poll Clerk. The Ambassador or Consul-General or any career public officer posted abroad designated by the Commission shall act as the Chairman. In the absence of any government officer, the two (2) other members shall be citizens of the Philippines, who are qualified to vote under the Overseas Absentee Voting Act of 2003 and deputized by the Commission not later than sixty (60) days before the day of the elections.

      The Chairman and the members of the SBEI or their spouses shall not be related within the fourth civil degree of consanguinity or affinity to any member of the same SBEI or to any of the candidates for President, Vice-President and Senator or to their spouses, and to any of the nominees for the party-list system of representation or to their spouses.

      The members of the SBEI shall, before assuming their office, take and sign an oath in the form prescribed by the Commission before an officer authorized to administer oaths or, in the absence thereof, before any other member of the SBEI present or, in case no other member is present, before any overseas absentee voter. The oaths of the members of the SBEI shall be sent immediately to the SBRCG.

      For the May 10, 2004 elections, the Commission shall constitute the SBEIs not later than March 1, 2004.

      The SBEI shall conduct the voting and counting of votes in personal voting and the counting of votes in voting by mail in countries where the same has been authorized by the Commission.

      The SBEI shall decide all issues brought before it during the conduct of its proceedings by a majority vote. However, all resolutions of the SBEI shall carry the attestation of the Chairman.

      The Commission may constitute as many SBEIs as it may deem necessary to conduct the voting and counting of votes.

      The Commission may adopt a flexible schedule for the operation of the various SBEIs within a Post to take into account the availability of voters and the primary responsibilities and functions of the members of the SBEIs.

      Art. 38. Minutes of Voting. - The SBEI shall accomplish in two (2) copies the Minutes of Voting and record the act or data required therein as they occur or become available during voting. Copies of the minutes shall be sealed in separate envelopes to be distributed as follows:

1. First copy to the Commission; and
   
   
2. Second copy to be deposited inside the ballot box.

      The first copies for the Commission shall be in the custody of the Committee while the ballot boxes containing the second copies shall be in the custody of the Election Records and Statistics Department (ERSD) of the Commission.

      Art. 39. Voting procedure for personal voting. - The following procedure shall be observed for personal voting:

1. Preliminaries to the Voting

         Before the issuance of the election forms, supplies and paraphernalia to the SBEI, the SBCRG shall record the quantity and serial numbers of the ballots and other accountable forms.
   
         On the first day of the voting period, the SBEI shall:

   
   
   1. Secure from the SBRCG the following election forms, supplies and documents:
      
      
      1. Official Ballots and envelopes;
         
         
      2. Minutes of Voting;
         
         
      3. Receipt of official ballots and other accountable forms;
         
         
      4. Voting instructions;
         
         
      5. Certified list of official candidates;
         
         
      6. Ballot secrecy folder;
         
         
      7. Marking pen;
         
         
      8. Thumbprint takers;
         
         
      9. Certified List of Overseas Absentee Voters (2 copies);
         
         
      10. List of Overseas Absentee Voters with Voting Records;
          
          
      11. Overseas Absentee Voting Book of Voters;
          
          
      12. Ballot box;
          
          
      13. Other forms and supplies as may be prescribed by the Commission; and
      
      
   2. Post one (1) copy of the Certified List of Overseas Absentee Voters and the certified list of official candidates in a conspicuous place within the designated voting area in the premises of the embassy, consulate and other foreign service establishment.

            On the first voting day, the SBEI shall secure from the SBRCG the Minutes of Voting, such number of ballots and envelopes as may be necessary and the ballot box. In addition, before the voting begins on the first day, the Chairman of the SBEI shall open the ballot box, exhibit to all those present that it is empty, and lock each interior cover with three (3) padlocks. The members of the SBEI shall retain the respective keys to the padlocks during the voting. After the voting, the SBEI endorses the same election paraphernalia to the SBRCG while keeping their respective keys in a secured place guarded by the party watchers.

   
   
2. Voting Proper
   
   
   1. The voter shall approach the Poll Clerk of the SBEI and shall give his/her name and address together with other data concerning his/her person.
      
      
   2. The Poll Clerk shall verify from the Certified List of Overseas Absentee Voters if the name of the voter is included therein. A voter whose name does not appear in the Certified List of Overseas Absentee Voters shall not be allowed to vote.

            If the name of the voter is included in the Certified List of Overseas Absentee Voters, the Poll Clerk shall ascertain the identity of said voter by requiring him/her to present a copy of his/her Overseas Absentee Voter Registration Record and comparing the photo, thumbprint and signature appearing therein with that of the photo, thumbprint and signature of said voter appearing in the Overseas Absentee Voter Registration Record contained in the Overseas Absentee Voting Book of Voters. In the absence of the Overseas Absentee Voter Registration Record, the voter may present either his/her valid passport or the identification card provided by the Comelec which the Poll Clerk shall use for comparison.
      
      

   3. If the identity of the voter has been ascertained and such voter has not been challenged, or having been challenged, the question has been decided in his/her favor, the Poll Clerk shall issue to the voter a Ballot Issuance Stub (the "BIS"), which shall be presented by the voter to the Chairman, of the SBEI for issuance of the official ballot.
      
      
   4. Before issuing the official ballot, the Chairman shall:
      
      
      1. Require the voter to surrender the BIS;
         
         
      2. Authenticate the ballot by affixing his/her signature in the appropriate space provided in the ballot;
         
         
      3. Enter in the List of Overseas Absentee Voters with Voting Record, opposite the name of the voter, the serial number of the official ballot to be issued to the voter;
         
         
      4. Require the voter to affix his/her signature opposite his/her name in the List of Overseas Absentee Voters with Voting Record; and
         
         
      5. Place the official ballot inside a ballot secrecy folder in such a manner that the contents of the ballot are hidden and only the portion where the serial number of the ballot coupon appears.
      
      
   5. Upon receipt of the ballot secrecy folder containing the official ballot, the voter shall, using the appropriate marking or writing device, personally accomplish the ballot in secret, without leaving the designated voting area in the embassy, consulate or foreign service establishment concerned.
      
      
   6. After accomplishing his/her ballot, the voter shall place the same inside the ballot secrecy folder in the same manner as he received it, and exhibit the ballot coupon to the Member-Secretary of the SBEI who shall, within the view of the voter and the Chairman and without seeing its contents, verify its serial number against the number previously entered in the List of Overseas Absentee Voters with Voting Record.

            If the serial number of the ballot exhibited by the voter is the same as that previously issued to him/her, the voter shall, in the presence of the Chairman of the SBEI, affix his/her right thumbmark in the corresponding space in the ballot coupon and opposite his/her name in the List of Overseas Absentee Voters with Voting Records. If the serial number of the ballot is not the same as that previously issued, the ballot shall be marked as "spoiled".
      
            In case the serial number of the ballot exhibited by the voter is the same as that previously issued to him/her, the Member-Secretary shall then, in the presence of the voter and the Chairman, detach the ballot coupon, deposit it in the ballot box compartment intended for the purpose, and give the voter an envelope for his/her ballot. The voter shall then place the ballot inside the envelope, seal the same and deposit it inside the ballot box compartment for valid ballots.
      
            The voter after having cast his/her vote shall immediately depart.

   
   
3. Post Voting Procedure

         At the end of every voting day, the following procedure shall be observed:

   
   
   1. The Member-Secretary shall prepare two (2) copies of the Minutes of Voting by recording therein the date of voting, number of voters who actually voted and the serial numbers of used, unused and spoiled ballots. The first copy shall be placed inside an envelope provided for the purpose and shall be submitted unsealed to the SBRCG. The second copy of the Minutes of Voting shall be placed inside an envelope provided for the purpose, which shall be sealed with a paper seal and thereafter deposited inside the ballot box.
      
      
   2. The SBEI shall submit to the SBRCG the unsealed envelope containing the first copy of the Minutes of Voting and the ballot box containing the accomplished ballots and the sealed envelope containing the second copy of the Minutes of Voting.
      
      
   3. The SBRCG shall keep the ballot boxes in a secured place designated by the Commission.

            Every Monday during the voting period, the SBRCG shall, using the first copy of the Minutes of Voting, prepare a progress report on the number of voters who actually voted, the number of used and unused ballots and such other data as the Commission may require in the prescribed form, and submit the same to the Election Records and Statistics Division (ERSD) of the Commission, by facsimile or electronic mail which shall, in turn, provide the Commission with regular updates on the data received.
      
            The SBRCG shall return the first copy of the Minutes of Voting in the envelope provided for the purpose, seal the envelope with a paper seal and keep the same in a secured place designated by the Commission.

      Art. 40. Prohibitions on personal voting. - The voter shall not:

1. Be accompanied by anybody in accomplishing his/her ballot, except in the case of an illiterate or disabled voter;
   
   
2. Speak with anyone while accomplishing his/her ballot, other than as herein provided;
   
   
3. Intentionally tear, deface, or erase any printing on the ballot or put thereon any distinguishing mark;
   
   
4. Use carbon paper, paraffin paper or other means for making a copy of the ballot, or make use of any other means to identify his/her vote;
   
   
5. Prepare the ballot without the use of a ballot secrecy folder, or exhibit its contents to any person; or
   
   
6. Bring the ballot outside the designated voting area within the premises of the embassy, consulate or foreign service establishment.

      Art. 41. Watchers. - Each candidate, political party, and parties, associations or organizations participating in the party-list system of elections, accredited citizens' arms and accredited OFW organizations shall be entitled to one (1) watcher during the voting and counting of votes. However, if there is no sufficient space for all watchers to be accommodated, preference shall be given to the watchers of the dominant majority and dominant minority parties as determined by the Commission, one (1) common watcher for the independent candidates, one (1) common watcher for the accredited citizens' arms and one (1) common watcher for accredited OFW organizations.

      The watchers shall be entitled to all the rights and privileges accorded them under election laws.

      Art. 42. Challenge of illegal voters. - Any voter or watcher may challenge a voter for:

1. Not being a registered overseas absentee voter;
   
   
2. Using the name of another; or
   
   
3. Suffering from an existing disqualification.

      In such case, the SBEI shall satisfy itself as to whether or not the ground for the challenge is true by requiring proof of registration, identity or qualification.

      Art. 43. Challenge based on certain illegal acts. - Any voter or watcher may challenge any voter on the ground that:

1. The challenged person has received or expects to receive money or anything of value as consideration for his/her vote, has paid, offered or promised to pay, has contributed, offered or promised to contribute money or anything of value as consideration for the vote of another;
   
   
2. The challenged person has made or received a promise to influence the giving or withholding of any such vote; or
   
   
3. The challenged person has made a bet or is interested directly or indirectly in a bet, which depends upon the results of the election.

      The challenged person shall take an oath before the SBEI that he has not committed any of the acts alleged in the challenge. Upon taking such oath, the challenge shall be dismissed and the voter shall be allowed to vote. In case the voter refuses to take such oath, the challenger shall be sustained and the voter shall not be allowed to vote.

      Art. 44. Record of challenges and oaths. - The Member-Secretary of the SBEI shall record in the Minutes of Voting all challenges and oaths taken in connection therewith and the decision of the SBEI in each case.

      Art. 45. Rules to be observed during the voting. - During the voting, the SBEI shall ensure that:

1. No watcher is allowed to enter the designated voting area for the voters and the area designated for the SBEI, or to mingle and talk with the voters;
   
   
2. No ballot is brought outside the designated voting area in the embassy, consulate or foreign service establishment;
   
   
3. No person carrying any firearm or any deadly weapon, except those expressly authorized by the Commission, enters the premises of the embassy, consulate or foreign service establishment;
   
   
4. The voters vote in the order of their arrival in the premises of the embassy, consulate or foreign service establishment; and
   
   
5. There is no crowding of voters and disorderly behavior inside the designated voting area.

      Art. 46. Prohibition of premature announcement of voting. - No member of the SBEI shall, before the termination of the voting, make any announcement as to whether a certain registered voter has already voted or not, as to how many have already voted or how many so far have failed to vote, or any other fact tending to show or showing the state of the polls, nor shall he/she make any statement at any time, except as witness before a court or body as to how any person voted.

      Art. 47. Preparation of ballots for illiterate and disabled voters.

1. No voter shall be allowed to vote as illiterate or physically disabled unless such fact is so indicated in his/her Overseas Absentee Voter Registration Record.
   
   
2. A voter who is illiterate or physically unable to prepare the ballot by himself/herself may be assisted in the preparation of his/her ballot by a relative within the fourth civil degree of consanguinity or affinity, or, if he/she has none, by any person of his/her confidence who belongs to the same household, or by any member of the SBEI.
   
   
3. No person may assist an illiterate or disabled voter more than three (3) times except the members of the SBEI. The Member-Secretary shall enter in the Minutes of Voting the names of the persons each member assisted. At the end of each voting day, the Member-Secretary shall indicate in the Minutes of Voting the total number of times each member of the SBEI assisted an illiterate or disabled voter.
   
   
4. The assistant shall accomplish the ballot for the illiterate or disabled voter using a ballot secrecy folder in the presence of the latter; and
   
   
5. The person shall bind himself in writing and under oath to accomplish the ballot strictly in accordance with the instructions of the voter and not to reveal the contents of the ballot, by affixing his/her signature in the appropriate space in the Minutes of Voting.

      Art. 48. Spoiled ballots. - A ballot is considered spoiled in the following instances:

1. When the ballot is accidentally defaced by the voter in such a way that it can no longer be lawfully used.

         In such case, the voter shall surrender the ballot to the Chairman who shall note in the corresponding space in the List of Overseas Absentee Voters with Voting Record that said ballot is spoiled. The Chairman shall enter the serial number of the spoiled ballot in the space provided for in the Minutes of Voting.
   
   

2. When the ballot coupon was detached not in the presence of any member of the SBEI; and
   
   
3. When the serial number of the ballot returned by the voter is different from the serial number of the ballot given earlier to the said voter.

         In all cases, the voter shall not be issued another ballot.
   
   

4. In case of voting by mail, when the serial number of the ballot coupon returned by the voter is different from the serial number of the ballot as recorded in the Certified List of Overseas Absentee Voters.

         Each spoiled ballot shall be so marked by writing the word "spoiled" diagonally across the face of the ballot, signed by any member of the SBEI, and placed inside the compartment for spoiled ballots.

      Art. 49. Closing the polls; Disposition of unused ballots during the last day of the voting period. - After the close of voting hours during the last day of voting period, the Member-Secretary shall enter in the Minutes of Voting the total number of voters who actually voted and the quantity and serial numbers of unused ballots.

      All unused ballots after the voting period shall be torn in half lengthwise in the presence of the members of the SBEI and the watchers, if available. One half shall be placed and sealed inside an envelope and submitted to the SBRCG for safekeeping. It shall remain sealed unless the Commission orders otherwise. The other half shall be placed in the corresponding envelope and deposited inside the ballot box. Such fact shall be entered in the Minutes of Voting by the Member-Secretary.

      Art. 50. Procedure for voting by mail. - In countries where voting by mail has been authorized by the Commission, the following procedure shall be adopted:

1. Preliminaries
   
   
   1. The Committee through its Reception, Verification and Encoding Group shall:
      
      
      1. Record the serial number of the ballot assigned to the voter opposite his/her name in the Certified List of Overseas Absentee Voters before shipping the ballots, inner and outer envelopes, paper seals, voting instructions and certified list of official candidates, other election forms and supplies to the embassies, consulates and foreign service establishments concerned;
         
         
      2. Place the ballot inside an envelope together with the special inner and outer envelopes, paper seals, voting instructions, and certified list of candidates; and
         
         
      3. Send by special pouch, through the DFA, not later than eighty-five (85) days before the day of the election, the Certified List of Overseas Absentee Voters, all envelopes containing the ballots, special inner and outer envelopes, paper seals, voting instructions, and certified list of official candidates to the embassy, consulate or other foreign service establishment concerned.
      
      
   2. The embassy, consulate or foreign service establishment concerned, through the SBRCG, shall:
      
      
      1. Receive and take custody of the envelopes containing the ballots, The Certified List of Overseas Absentee Voters, voting instructions, paper seals, inner and outer envelopes and certified list of official candidates transmitted by the Commission;
         
         
      2. Verify whether the voters in the Certified List of Overseas Absentee Voters have corresponding envelopes with their names and addresses; and
         
         
      3. Mail the envelopes to the voters concerned and keep a complete record of the quantity of envelopes mailed indicating the names and addresses of the voters to whom the envelopes were sent including proof of receipt thereof.
      
      
   3. The voter shall:
      
      
      1. Accomplish the ballot;
         
         
      2. Affix his/her right thumbmark on the ballot coupon, detach the same from the ballot and place the detached coupon inside the outer envelope;
         
         
      3. Place the accomplished ballot inside the envelope marked "Inner Envelope";
         
         
      4. Seal the Inner Envelope with the paper seal provided for the purpose and place the same inside the envelope marked "Outer Envelope" together with the ballot coupon in such a manner that the ballot contained in the Inner Envelope shall not be folded or crumpled;
         
         
      5. Affix his/her signature in the proper space provided in the outer envelope;
         
         
      6. Seal the outer envelope with the paper seal provided for the purpose; and
         
         
      7. Mail the envelope to the embassy, consulate or foreign service establishment concerned.
      
      
   4. The embassy, consulate or foreign service establishment concerned, through the SBRCG, shall:
      
      
      1. Receive the accomplished ballots from the voters and enter the date and time of receipt of mailed envelopes opposite the name of the voter in the Certified List of Overseas Absentee Voters availing of voting by mail.
         
         
      2. Verify whether:
         
         
         1. The signature of the voter appearing in the outer envelope is identical with his/her signature in his/her Overseas Absentee Voter Registration Record;
            
            
         2. The mailed ballot is contained in the special envelope furnished for the purpose; and
            
            
         3. The mailed ballot is received before the close of voting on the day of elections.

               If so, said envelopes containing the ballot shall be placed unopened, inside a ballot box, marked "Valid Ballots", which shall be kept in a secured place designated by the Commission inside the premises of the embassy, consulate or foreign service establishment.
         
               If the mailed ballot is not contained in the special envelope furnished for the purpose or is not received before the close of voting on the day of elections, the envelopes shall be placed in a separate ballot box, marked "Invalid Ballots", which shall be kept in a secured place designated by the Commission inside the premises of the embassy, consulate or foreign service establishment. All ballots in the said container shall not be counted.
         
               If the signature of the voter appearing in the outer envelope is not identical with his/her signature in his/her Overseas Absentee Voter Registration Record, the envelope, attaching therewith the voter's Overseas Absentee Voter Registration Record shall be placed in a separate ballot box, marked "Questionable Envelopes", which shall be kept in a secured place designated by the Commission inside the premises of the embassy, consulate or foreign service establishment.
         
         

      3. Prepare a progress report on the number of mailed envelopes, the number of received accomplished ballots and such other data as the Commission may require in the prescribed form, and submit the same to the Election Records and Statistics Division (ERSD) of the Commission every Monday during the voting period by facsimile or electronic mail, which, in turn, shall provide the Commission a regular update of such data.