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GUIDE

May 13, 2019 Elections


CBPABALAN COPY
Situation Action Basis

PRELIMINARY MATTERS AS TO IDENTITY OF EB MEMBERS AND POLL WATCHERS

1 A member of the EB DOES NOT HAVE ANY OF THE FOLLOWING QUALIFICATIONS: File a protest with the EB for the removal of the concerned Section 166 of the Omnibus Election Code
a) A registered voter of the city/municipality; EB member (Election Offense under Section 261 (bb), sub-par (3) of the
b) Of good moral character and irreproachable reputation; Have the protest recorded in the Minutes of Voting and ask Omnibus Election Code)
c) Of known integrity or competence; for Certificate of Protest and Resolution from EB Sec. 7 of COMELEC Res. No. 10460 s. 2018
d) Has never been convicted of any election offense or of any crime punishable by more
than six (6) months of imprisonment, or has no pending information for any election
offense; and
e) Able to speak and write Filipino, English or the local dialect.

2 No member of the EB is an information technology-capable person trained for the purpose File a protest with the EB for the substitution of at least one Sec. 5, 1st Paragraph of COMELEC Res. No. 10460 s. 2018
as certified by the Department of Science and Technology (DOST) EB member for another who is certified as an IT capable person
trained for the purpose by the DOST
Have the protest recorded in the Minutes of Voting and ask
for Certificate of Protest and Resolution from the EB

3 The EB or his/her spouse is related within the fourth civil degree of consanguinity or File a protest with the EB for the removal of the concerned Section 167 of the Omnibus Election Code
affinity to any member of the same EB, or to any candidate to be voted for, or to the EB member (Election Offense under Section 261 (bb), sub-par (3) of the
latter’s spouse or NOT A PERMANENT PUBLIC SCHOOL TEACHER. Have the protest recorded in the Minutes of Voting and ask Omnibus Election Code)
(Private School Teachers, National Government Employees, Members of Commission- for Certificate of Protest and Resolution from the EB Sec. 8 of COMELEC Res. No. 10460 s. 2018
accredited citizen's arm or civil society organizations (CSOs) and non-government Sec. 14 of COMELEC Res. No. 10460 s. 2018
organizations accredited by the Commission or any registered voter of the city or municipality
of known integrity and competence who is not connected with any candidate or political
party;

4 A member or members of the EB are absent thereby delaying the opening of the File a protest due to the delay in the opening the precinct and *Arrest (Sec. 24 of COMELEC Res. No. 10460 s. 2018)
precinct. move for the arrest or replacement of the absent EB with (Election Offense under Section 261 (bb), sub-par (1) of the
the present member/s of the EB or in their absence, with Omnibus Election Code)
the Election Officer (EO) * Substitution (Section 170 of the Omnibus Election Code)
Have it recorded in the Minutes of Voting and ask for
Certificate of Protest and Resolution from EB or EO

5 There is a need to fill a vacancy in the EB because the regular or substitute member File a protest due to the delay in the opening of the precinct as Sec. 13, 2nd Paragraph of COMELEC Res. No. 10460 s. 2018
of the EB has not arrived on time because: there is a vacancy in the EB and move for the appointment of a Sec. 23 of COMELEC Res. No. 10460 s. 2018
a) There is considerable distance between the residence of the substitute and the location qualified non-partisan registered voter who will serve as a member
of the polling place; of the EB until the regular or substitute members arrives with the
b) Lack or difficulty of means of transportation; and present members of the EB or in their absence, with the EO
c) Inability of the EB to inform the EO of the non-appearance of any member; Have it recorded in the Minutes of Voting and ask for
Certificate of Protest and Resolution from EB or EO

6 Uniformed personnel of the Philippine National Police (PNP) is deputized as a member of the File a protest due to the deputization of the uniformed personnel Sec. 31 of COMELEC Res. No. 10460 s. 2018
EB of the PNP as a member of the EB unless:
a) The peace and order situation in the area requires as
determined by the Commission;
b) There are no other qualified, willing and available persons
to render election service in the affected area based on the
certification issued by concerned officials mandated to submit
a list of EB member candidates to the EO
Have it recorded in the Minutes of Voting and ask for
Certificate of Protest and Resolution from EO

7 A Poll watcher DOES NOT HAVE ANY OF THE FOLLOWING QUALIFICATIONS: File a protest for the removal of the said poll watcher from Sec. 45 of COMELEC Res. No. 10460 s. 2018
a) Is a registered voter of the city/municipality where such person is assigned; the precinct
b) Is of good moral character; Have it recorded in the Minutes of Voting and ask for
c) Has not been convicted by final judgment of any election offense or of any other Certificate of Protest and Resolution from the EB
crime
d) Knows how to read and write Filipino, English or the prevailing local dialect; and
e) Is not within the fourth civil degree of consanguinity or affinity to the chairperson,
or any other member of the EB in the polling place where such person seeks appointment
as a watcher.

8 Poll watcher of the other party fails to present appointment papers or identification File a protest for the removal of the said poll watcher from Section 12 of RA 6646 par 3
and/or their names are not recorded in the Minutes with a notation that they are not the precinct Sec. 46 of COMELEC Res. No. 10460 s. 2018
disqualified to serve as a poll watcher Have it recorded in the Minutes of Voting and ask for
Certificate of Protest and Resolution from the EB

9 The Poll watcher is related up to the fourth civil degree of consanguinity or affinity to File a protest for the removal of the said poll watcher from Section 178 of the Omnibus Election Code
the EB Chairman or its members in the polling precinct where he/she is assigned the precinct Sec. 45 (e) of COMELEC Res. No. 10460 s. 2018
Have it recorded in the Minutes of Voting and ask for
Certificate of Protest and Resolution from EB

10 Poll Watcher is not accepted by the EB File a protest against the non-acceptance of the Poll watcher Section 12 of RA 6646 par 3
in the precinct by the EB Sec. 44 of COMELEC Res. No. 10460 s. 2018
Have it recorded in the Minutes of Voting and ask for
Certificate of Protest and Resolution from EB
Ask for assistance from paralegals

MATTERS ON THE START UP OF THE VCM


11 The VCM is no longer sealed Point out the lack of the seal and request the change of the Sec. 71 (e) (1) of COMELEC Res. No. 10460 s. 2018
VCM or the resetting of the VCM before voting begins
Have it recorded in the Minutes of Voting and ask for
Certificate of Protest and Resolution from EB

12 The serial number of the paper seal of the VCM box is not the same as the serial number Point out the difference in the serial numbers
reflected in the Minutes of Testing and Sealing Have it recorded in the Minutes of Voting and ask for
Certificate of Protest and Resolution from EB.

13 The seal of the slots containing the Main Memory Card and Back up Memory Card Protest the breakage of the seal of the slots Section 71 (g) (5) of Comelec Resolution Number 10460.
are not intact Inform the paralegals of such breakage Section 3 (II) (2) of Comelec Resolution Number 10487.
Have it recorded in the Minutes of Voting and ask for
Certificate of Protest and Resolution from EB.

14 Wrong date and time was entered into the VCM. Have the EB enter the right date and time in the PCOS Letter L of Comelec Resolution Number 10497 s. 2019
If the EB refuses, have your protest be recorded in the
Minutes of Voting and ask for Certificate of Protest and
Resolution from EB.

15 The battery was not connected to the VCM. Have the EB plug the battery to the VCM. Section 3 (II) (6) of Comelec Resolution Number 10487.
If the EB refuses, have your protest be recorded in the
Minutes of Voting and ask for Certificate of Protest and
Resolution from EB.

16 The battery is not protected from the ground Have the EB protect the battery from the ground Comelec recommendation
If the EB refuses, have your protest be recorded in the
Minutes of Voting and ask for Certificate of Protest and
Resolution from EB.

17 The VCM initialization report upon activation does not reflect zero votes. Have the EB re-Zero the VCM. Section 3 (II) (12) (b) of Comelec Resolution Number 10487.
If the EB refuses, have your protest be recorded in the
Minutes of Voting and ask for Certificate of Protest and
Resolution from EB.
Inform the paralegals of the failure to re-Zero

18 The VCM initialization report is not signed by the EB and Poll watchers and/or not Protest the failure to sign the initialization report by the EB or Poll Section 3 (II) (12) (d) of Comelec Resolution Number 10487.
placed in the envelope (A17-TS) for the purpose. Watchers and/or failure to place the same in envelop (A17-TS)
If the EB refuses, have your protest be recorded in the
Minutes of Voting and ask for Certificate of Protest and
Resolution from EB.
Inform the paralegals of the failure to sign or place the initialization
report in the envelope.

19 The Package of the Official Ballots are no longer sealed Call the attention of the EB as to the breakage of the seal Section 71 (e) (3) of Comelec Resolution Number 10460.
Have your protest be recorded in the Minutes of Voting and
ask for Certificate of protest and resolution from EB.
Inform the paralegals of the breakage of the seal of the package

20 The EB did not show that the ballot box is empty before putting on the VCM Have the EB show that the ballot box is empty before starting Section 71 (e) (2) of Comelec Resolution Number 10460.
If the EB refuses, have your protest be recorded in the
Minutes of Voting and ask for Certificate of Protest and
Resolution from EB.

VOTING PROPER
21 The poster indicating the clustered precinct number is not prominently posted near or on Have the EB post the poster near or on the door of the precinct Section 156 of the Omnibus Election Code
the door of the Precinct If the EB refuses, have your protest be recorded in the Section 49 of Comelec Resolution Number 10460.
Minutes of Voting and ask for Certificate of Protest and
Resolution from EB

22 The Precinct Computerized Voter's List (PCVL) is not posted outside the precinct Have the EB post one (1) copy of the PCVL outside the door of Section 71 (d) of Comelec Resolution Number 10460.
the precinct
If the EB refuses, have your protest be recorded in the
Minutes of Voting and ask for Certificate of Protest and
Resolution from EB.

23 More than one (1) member of the EB leaves the polling precinct at the same time Protest the departure of more than one member of the EB at
the same time
If more than one member of the EB still leaves the polling
precinct at the same time, have it recorded in the Minutes
of Voting and ask for Certificate of Protest and Resolution from
EB.

24 A Poll watcher is ordered to leave the polling precinct by the EB. Protest the order and ask for the reason for such order Section 179 of the Omnibus Election Code
Inform the paralegal of the order Section 12 of RA 6646
Have it recorded in the Minutes of the Voting. Ask for Certificate
of Protest and Resolution from EB.
Call the alternate Poll watcher
25 A Poll watcher is prevented from observing, taking notes or taking photographs of any File a protest due to the prevention of such acts Section 179 of the Omnibus Election Code
incident that happens during the election day Inform the paralegal of such prevention Section 12 of RA 6646
Have it recorded in the Minutes of the Voting. Ask for Certificate Section 45 of Comelec Resolution Number 10460
of Protest and Resolution from EB.

26 A person takes ballots to transport to the detention center for detainee voting Check if the Chairman of the EB has annotated the names of the Section 2 (a) of Comelec Resolution Number 10482.
Persons Deprived of Liberty (PDLs) in the EDCVL by writing "PDL
Voter" and affixing his signature thereon before Voting starts.

If none, file a protest against the taking of any ballots from the
precinct. Have it recorded in the Minutes of Voting and ask for
Certificate of Protest and Resolution from EB.

If there are detainees listed therein then challenge the


identity of the person taking the ballots if they are members
of the Special Election Board-Detainee Voters (SEB-DV)
or SEB-DV Support Staff.

27 A voter is being assisted in accomplishing his ballot or feeding his ballot in the VCM Check the EDCVL iF the voter is listed as a Person with Disability Section 65 of Comelec Resolution Number 10460.
Section 261 (z) par 4 of the Omnibus Election Code
If not, protest the assistance being made. Have it recorded in the (Election Offense)
Minutes of Voting. Ask for a Certificate of Protest and Resolution
from EB.

If listed as PWD, check if the assistor is a relative within the fourth


degree of consanguinity or affinity; a person of confidence who
is living within the same household or a member of the EB.
Assistors must be of voting age (at least 18 years old)
No assistor may assist more than three (3) voters except
members of the EB.
Only a member of the EB or their support staff may help
the PWD in feeding his ballot in the VCM.
The assistor shall bind himself in writing and under oath to fill the
ballot strictly in accordance with the instructions of the voter and
not to reveal the contents thereof, by affixing his signature in the
appropriate space in the Minutes.
If not, protest the assistance being made. Have it recorded in the
Minutes of Voting. Ask for a Certificate of Protest and Resolution
from EB.

28 Polling place is not accessible for PWDs Protest the location of the polling place Section 66 of Comelec Resolution Number 10460.
Have it recorded in the Minutes of the Voting. Ask for Certificate
of Protest and Resolution from EB.

29 PWDs, Senior Citizens and Escorted Detainees are not being given preference Insist on the preference of PWDs, Senior Citizens and Escorted Section 67 of Comelec Resolution Number 10460.
Detainees in casting their votes.
If denied, have it recorded in the Minutes of Voting. Ask for a
Certificate of Protest and Resolution from EB.

30 Voting started early or late Have the EB record the exact time of the start of the Voting Section 190 of the Omnibus Election Code in relation to
Voting hours should be from 6 am to 6 pm on election day in the Minutes of Voting Section 48 of Comelec Resolution Number 10460

31 Priority Numbers are required for casting votes in the precinct Protest the existence of priority numbers and insist the policy Section 60 (a) of the Comelec Resolution Number 10460 in
of "First Come, First Served" relation to Section 63 of the same Resolution.
If denied, have it recorded in the Minutes of Voting. Ask for a
Certificate of Protest and Resolution from EB.

32 Voter is not the person as listed in the Election Day Computerized Voter's List (EDCVL) File a protest regarding the identity of the person with the Section 57 (b) of Comelec Resolution Number 10460.
EB. Have it recorded in the Minutes of Voting and ask for
Certificate of Protest and Resolution from EB.

33 Voter is not listed in the EDCVL Refer the person to consult the list of voters with the EO Section 56 of Comelec Resolution Number 10460.

34 Voter's Identity is in doubt Challenge the identity of the voter Section 57 of Comelec Resolution Number 10460.
If unsatisfied, file a protest regarding the identity of the voter
Have it recorded in the Minutes of Voting and ask for
Certificate of Protest and Resolution from EB.

35 A detainee is brought to vote by the BJMP Ask for and examine the court order allowing the detainee Rule 5 Section 1 of Comelec Resolution Number 10482.
to go outside the jail and vote
Challenge the identity of the detainee
If unsatisfied, file a protest regarding the identity of the voter
Have it recorded in the Minutes of Voting and ask for
Certificate of Protest and Resolution from BEI

36 Escorted PDL Voters are not given priority to vote. Protest the failure to give priority to Escorted PDL Voters. Rule 5 Section 3 of Comelec Resolution Number 10482.
Have it recorded in the Minutes of Voting and ask for Certificate
of Protest and Resolution from the EB.

37 The EB fails to inspect the fingernails of the voter for indelible ink stain Have the EB inspect the fingernails for indelible ink stain Section 72 (b) (2) of Comelec Resolution Number 10460.
If the EB refuses, have the failure to inspect be recorded in
the Minutes of Voting. Ask for Certificate of Protest and
Resolution from EB.

38 The EB fails to announce the name of the voter before giving the ballot Have the EB announce the name of the voter in a loud voice Section 72 (b) (4) of Comelec Resolution Number 10460.
If the EB refuses, have the failure to announce be recorded in
the Minutes of Voting. Ask for Certificate of Protest and
Resolution from EB.

39 The Chairperson fails to show to the voter that the ballot is not torn, smudged or filled up Have the Chairperson show the voter that the ballot is not torn, Section 72 (b) (6) (ii) of Comelec Resolution Number 10460
smudged or filled up.
If the EB refuses, have the failure to show the ballot is not torn,
smudged or filled up be recorded in the Minutes of Voting.
Ask for Certificate of Protest and Resolution of EB.

40 The Chairperson fails to sign the ballot given to the voter Have the Chairperson sign the ballot to authenticate it Section 72 (b) (6) (i) of Comelec Resolution Number 10460.
If the Chairperson refuses, have the failure to sign be recorded in Section 24 of RA 7166
the Minutes of Voting. Ask for Certificate of Protest and (Election Offense)
Resolution from EB.

41 The ballots are not given by the Chairperson of the EB or more than one at a time Protest the giving of the ballots by a person other than the Section 72 (b) (6) and last paragraph of Comelec
Chairman of the EB or when ballots are given more than one Resolution Number 10460.
at a time
Have it be recorded in the Minutes of Voting. Ask for Certificate
of Protest and Resolution from EB.

42 A voter is given money Challenge the voter who was given money for POSSIBLY Section 261 of the Omnibus Election Code in relation to
committing vote selling Section 58 (a) of Comelec Resolution Number 10460.
Have it recorded in the Minutes of Voting and ask for (Election Offense)
Certificate of Protest and Resolution from EB.

43 The voter takes the ballot, ballot secrecy folder or marking pen outside the polling place Protest the taking of the ballot, secrecy folder and marking pen Section 64 (a) of Comelec Resolution Number 10460.
by the voter outside the polling place
Have it recorded in the Minutes of Voting and ask for
Certificate of Protest and Resolution from EB.

44 The voter speaks with anyone other than clarificatory questions to the BEI while Protest the speaking of the voter to unauthorized persons while Section 64 (b) of Comelec Resolution Number 10460.
inside the polling place inside the polling place
Have it recorded in the Minutes of Voting and ask for
Certificate of Protest and Resolution from EB.

45 The voter prepares his ballot without using the secrecy folder and/or exhibits the Protest the preparation without the secrecy folder or exhibition Section 64 (c) of Comelec Resolution Number 10460.
contents of his ballot of the contents of the ballot by the voter
Have the name of the voter and his act be recorded in the
Minutes of Voting and ask for Certificate of Protest and
Resolution of EB.

46 The voter copies the contents of his ballot. Protest the copying of the voter's ballot. Section 64 (f) of Comelec Resolution Number 10460.
Have the name of the voter and his act be recorded in the
Minutes of Voting and ask for Certificate of Protest and
Resolution of EB.

47 The voter tears or defaces the ballot Protest the tearing or defacing of the ballot Section 64 (g) of Comelec Resolution Number 10460.
Have the name of the voter and his act be recorded in the
Minutes of Voting and ask for Certificate of Protest and
Resolution of EB.

48 Any person looks at or records the voted candidates of a voter Protest the looking at or recording of the voted candidates Section 261 (z) par 5 of the Omnibus Election Code
Have it recorded in the Minutes of Voting and ask for (Election Offense)
Certificate of Protest and Resolution from EB.

49 The EB 3rd Member does not handle the VVPAT in such a way that its contents cannot Protest the handling of the EB 3rd member of the VVPAT. Section 73 (b) (2) of Comelec Resolution Number 10460.
be seen. Have it recorded in the Minutes of Voting and ask for
Certificate of Protest and Resolution from EB.

50 The EB does not allow the voter to review the votes as reflected in the VVPAT Protest the failure to let the voter review his votes in the VVPAT. Section 73 (d) of Comelec Resolution Number 10460.
Have it recorded in the Minutes of Voting and ask for
Certificate of Protest and Resolution from EB.
51 A person takes away, defaces, mutilates, tears or destroys the VVPAT. Protest the said action/s. Section 85 of Comelec Resolution Number 10460.
Have the person who does any of the enumerated things be Section 261(z) of the Omnibus Election Code
identified and detained. Have it recorded in the Minutes of (Election Offense)
Voting and ask for the Certificate of Protest and Resolution
from the EB.

52 The EB fails to recognize the objection of the voter on how the VCM reads the ballot. Object the failiure of the EB to recognize the objection of the voter Section 73 (e) of Comelec Resolution Number 10460.
on how the VCM reads the ballot.
Remind the EB their responsibilities in case of voter's objection:
1) Have the voter affix his signature at the back of the VVPAT;
2) Note the specific objection in the Minutes of Voting;
3) Attach the VVPAT to the Minutes (Copy of the ballot box)
4) Have the EB administer the oath of the voter that his objection
is not frivolous;

53 Members of the EB announces any of the following: Protest the announcement made by a member or members of the Section 68 of Comelec Resolution Number 10460.
a) Whether a certain voter has already voted or not; EB.
b) Number of registered voters who have already voted or failed to vote thus far; Have it recorded in the Minutes of Voting and ask for a Certificate
c) Any other fact tending to show or showing the state of the polls; of Protest from the EB.

54 The ballot is rejected by the VCM. Ask the EB to check the reason why the VCM rejected the Section 74 of Comelec Resolution Number 10460.
Grounds: 1) Misread Ballot, 2) Previously Read Ballot, 3) Invalid Ballot ballot and ask that the same be corrected, if possible
Have the name of the voter and the serial number of his ballot
be recorded in the Minutes of Voting and ask for Certificate of
Protest and Resolution of EB, if rejected four (4) times
OBJECTION TO THE REJECTION OF THE BALLOT MUST BE REDUCED Section 74 Last Paragraph of Comelec Resolution Number 10460.
INTO WRITING

55 The EB refuses to accept the written objection to the rejection of the ballot or Protest the non-acceptance of the written objection of the Section 74 of Comelec Resolution Number 10460.
attach it to the Minutes of Voting ballot
Have it recorded in the Minutes of Voting and ask for
Certificate of Protest and Resolution from EB.

56 The EB fails to mark rejected ballots as rejected and/or fails to have all the members Protest the failure of the EB to mark or sign the rejected ballot Section 74 of Comelec Resolution Number 10460.
of the EB to sign the same and/or fails to place them inside an envelope marked as or place them inside the Rejected Ballots envelope
"Rejected Ballots" Have it recorded in the Minutes of Voting and ask for
Certificate of Protest and Resolution from EB.

57 The EB issues another ballot to a voter whose ballot was rejected four times by the VCM Protest the issuance of another ballot to the voter. Section 74 of Comelec Resolution Number 10460.
If the EB still issues another ballot to the voter, have it
recorded in the Minutes of Voting and ask for Certificate of
Protest and Resolution from EB.

58 A Poll watcher does not stay in the place designated for Poll watchers inside the Protest the presence of the poll watcher outside the designated Section 60 (b) of Comelec Resolution Number 10460.
Polling precinct place for Poll watchers
Cause the name of the poll watcher to be entered into the
Minutes of Voting and ask for Certificate of Protest and
Resolution from EB.

59 A Poll watcher talks to or mingles with voters of members of the BEI causing delays Protest the talking or mingling of the poll watcher with voters Section 46 (a) of Comelec Resolution Number 10460.
and members of the EB.
Have it recorded in the Minutes of Voting and ask for
Certificate of Protest and Resolution from EB.

60 Any person solicits votes or undertakes propaganda for or against any candidate or Protest the solicitation of votes or undertaking of propaganda Section 261 (k) of the Omnibus Election Code
political party within the polling place or within a radius of 30 meters Inform the paralegals of such solicitation or propaganda (Election Offense)
Have the name of the person soliciting votes and the name of Section 261 (cc) par 6 of the Omnibus Election Code
the candidate of political party favored recorded in the Minutes (Election Offense)
of Voting and ask for Certificate of Protest and Resolution from Section 261 (bb) par 6 of the Omnibus Election Code
EB. (Election Offense)
61 Any person carries deadly weapon in the polling place. Call the attention of the EB for proper action Section 261 (p) of the Omnibus Election Code
Only: (1) Jail/Prison Escorts escorting detainee voters; (2) persons (Election Offense)
authorized in writing by the EB or Comelec; (3) uniformed law Section 32 of RA 7166 regarding the bearing of arms during
enforcement personnel in pursuit of persons who have Election Period
committed or is committing a crime are allowed to bear arms Section 60 (c) of Comelec Resolution Number 10460.
Have it recorded in the Minutes of Voting and ask for Section 2 of Comelec Resolution Number 10446.
Certificate of Protest and Resolution from EB Rule 5 Section 4 of Comelec Resolution Number 10482.

62 The presence of any persons not authorized to be inside the polling place Protest the presence of unauthorized persons Section 61 of Comelec Resolution Number 10460.
Authorized persons: 1) members of the EB, 2) Watchers, 3) COMELEC personnel, Have it recorded in the Minutes of Voting and ask for
4) DESO Technical Staff assigned in the voting center, 5) EAPP Support Staff, 6) Voters casting Certificate of Protest and Resolution from EB.
their votes, 7) Voters waiting for their turn to vote, 8) Jail/Prison Escorts escorting detainee If with authority from COMELEC, ask to see the
voters, 9) Other persons who may be specifically authorized by the COMELEC authorization (if written) or confirmation of authority by
COMELEC (if verbal)

63 There is a problem with the VCM that the EB cannot solve Ask the EB to call the Technical Support Personnel Letter C, E, F, G, H Comelec Resolution No. 10497 s. 2019
(example: VCM stops working, paper jam, failure of battery, etc) File a protest if the EB refuses to do so, have it entered into
the Minutes of Voting and ask for Certificate of Protest and
Resolution from the EB.

64 A Barangay or SK Official or Uniformed Personnel are present within the polling place or Protest the presence of the Barangay/SK official or uniformed Section 261 (s) of the Omnibus Election Code (For Uniformed
a radius of 50 meters except when only casting their vote personnel within the polling place or radius of 50 meters Personnel Only)
Have the name, rank and organization of the barangay official (Election Offense)
or uniformed personnel be recorded in the Minutes of Voting Section 62 of Comelec Resolution Number 10460.
and ask for Certificate of Protest and Resolution fromEB.

65 Any person who causes crowding of voters or commits disorderly conduct inside the Protest the crowding of voters or disorderly conduct being Section 261 (bb) par 4 of the Omnibus Election Code
polling place committed by any person (Election Offense)
Have the name of the person causing the crowding of voters Section 60 (d) of Comelec Resolution Number 10460.
or committing disorderly conduct be recorded in the Minutes
of Voting and ask for Certificate of Protest and Resolution from
EB.

66 Any person who causes false alarm, disrupts or obstructs the election process Have the person who causes the false alarm, disruption and/or Section 261 (z) par 11 of the Omnibus Election Code
obstruction be noted in the Minutes of Voting as well as (Election Offense)
the act that caused the false alarm, disruption or obstruction

67 EB campaigns for or against a candidate File a protest regarding partisan politics committed by the Section 173 of the Omnibus Election Code
(example: wearing or distributing campaign materials, uttering EB. Have it recorded in the Minutes of Voting and ask for (Election Offense)
derogatory remarks about a candidate, discouraging voting for a candidate, etc) Certificate of Protest and Resolution from EB. Section 22 of Comelec Resolution Number 10460.

68 The EB fails or refuses to acknowledge the protest being lodged by the Poll watcher Inform the paralegals of such failure or refusal to acknowledge Section 46 (e) of Comelec Resolution Number 10460.
for proper action

69 The EB refuses to record in the Minutes of Voting the Protests/Challenges as well as Protest the refusal to record in the Minutes of Voting the Section 46 (f) of Comelec Resolution Number 10460.
their resolutions/decisions regarding the said Protests/Challenges Protests/Challenges and the resolutions/decisions
Ask for Certificate of Protest and Resolution from EB.
Inform the paralegals of such refusal

70 The EB refuses to sign or issue a Certificate of Protest/Challenge and Resolution duly Call the paralegal for documentation of such fact Section 261 (bb) par 2 of the Omnibus Election Code
asked for by a Poll watcher (Election Offense)

71 The Minutes of Voting do not reflect the Protest/Challenge as made by the Poll Ask the BEI to reflect the Protest/Challenge in the Minutes of Section 46 (f) of Comelec Resolution Number 10460.
watcher and/or the Resolution of the EB. Voting Section 59 of Comelec Resolution Number 10460.
Refuse to sign the Minutes of Voting unless the Protest or
Challenge is reflected in the Minutes but indicate the reason
for the refusal to sign in the space provided for the signature

72 There are excess voters and no ballots are available Ask for certification from BEI that they are excess voters and The COMELEC has yet to issue guidelines on this matter.
have them referred to another precinct for the casting of their votes
Have it be recorded in the Minutes of Voting and ask for
Certificate of Protest and Resolution from BEI
Inform the paralegals of the presence of excess voters

73 The EB accepts the ballots of detainee voters after the close of the voting hours (6 pm) Protest the receipt of the ballots of the detainees after closing Section 12, 1st Paragraph of Comelec Resolution Number 10482.
of the voting hours.
Have it be recorded in the Minutes of Voting and ask for
Certificate of Protest and Resolution from EB.
Inform the paralegals of the receipt after voting hours

74 The EB feeds the ballots of detainee voters before all the voters in the precinct has Protest the feeding of the ballots of the detainee voters Section 12, 2nd Paragraph of Comelec Resolution Number 10482.
finished voting before all the voters in the precinct has finished voting
Have it be recorded in the Minutes of Voting and ask for
Certificate of Protest and Resolution from EB.
Inform the paralegals of the premature feeding of the ballots
of detainee voters

75 The EB feeds ballots accomplished by PDLs or Detainee Voters other than those for Protest the feeding of ballots for the position other than those Rule 6 Section 1 (c) of Comelec Resolution Number 10482
the position of Senators or Party List Representatives. for Senators or Party List Representatives. in relation to Rule 6 Section 1 (g) of the same Resolution.
Have it be recorded in the Minutes of Voting and ask for
Certificate of Protest and Resolution from EB.
Inform the paralegals of the said feeding of ballots.

76 The EB does not list the voters who have not voted by 6 pm but within a radius of 30 Protest the failure to make a list of the voters within the radius Rule 6 Section 1 (d) of Comelec Resolution Number 10482
meters from the polling place If the BEI refuses to make the list, have it recorded in the in relation to Section 15 of Comelec Resolution Number 10486
Minutes of Voting and ask for Certificate of Protest and
Resolution from BEI
Inform the paralegals of the failure of the BEI to make the list

77 The EB allows the voter who is in the list of voters present before 6 pm to vote even Protest the decision of the BEI to allow the voter to cast his vote in relation to Section 15 of Comelec Resolution Number 10486
when he was not around when his name was called by the EB for at least three (3) times If the BEI proceeds to allow the voter to vote, have it recorded in
the Minutes of Voting and ask for Certificate of Protest and
Resolution from BEI
Inform the paralegals of the decision of the BEI

78 The EB opens the sealed ballot box to remove or place any document or article Protest the opening of the ballot box by the EB. Section 60 (e) of Comelec Resolution Number 10460.
Exception: when the opening of the ballot box is to allow the ballots to enter the Have it be recorded in the Minutes of Voting and ask for Section 82 of Comelec Resolution Number 10460.
ballot box by shaking the ballot box or manually compressing the ballots with the hand Certificate of Protest and Resolution from EB.
of the EB (During voting) or WITH WRITTEN AUTHORITY OF THE COMELEC (After voting) Inform the paralegals of the opening of the ballot box

79 The EB fails to put indelible ink in the voter's right forefinger nail or any other finger nail Protest the failure to put indelible ink in the voter's finger nail Section 73 (b) (3) of Comelec Resolution Number 10460.
if there is no right forefinger nail after casting his vote and ask the EB to put indelible ink on the voter's finger nail
If denied, have it recorded in the Minutes of Voting and ask for
Certificate of Protest and Resolution from EB
Inform the paralegals of the failure to put indelible ink

80 The VCM is defective or becomes defective during voting and a replacement VCM Inform the paralegals of the defective VCM in your precinct Letter C Comelec Resolution 10497 s. 2019
is available If there are ballots already counted by the VCM, it should be 13, 2013 National and Local Elections
retrieved from the ballot box, placed inside a sealed envelope
and the sealed envelope containing the counted ballots placed
again inside the ballot box.
Voting should continue upon authority of the Election Officer
by placing the filled up ballots inside the ballot box without
passing through the VCM.
If the replacement VCM arrives, the uncounted ballots should be
removed from the ballot box, placed inside a sealed envelope and
placed inside the ballot box.
The counted ballots should be removed from the sealed envelope,
placed inside the ballot box and the ballot box closed and locked.
The main memory card and back up memory card shall be removed
from the defective VCM and placed in the replacement VCM.
The envelope containing the uncounted ballots should be removed
from the ballot box before the replacement VCM is installed on
the ballot box.
The EB Chairman shall feed the uncounted ballots one at a time
into the replacement VCM.
After which, the original back up memory card of the replacement
VCM shall be reinserted into the replacement VCM.

81 The VCM is defective or becomes defective during voting and no replacement VCM Inform the paralegals of the defective VCM in your precinct. Comelec Res. 10497 s. 2019
is available. Voting should continue upon authority of the Election Officer
by placing the filled up ballots inside the ballot box without
passing through the VCM.
EB shall ask authority from the Election Officer to transfer the
ballot box containing the uncounted ballots to the Municipal/
City Canvassing Center.
After the closing of the polls and with the authority from the
Election Officer, the EB along with the Watchers, shall transport
the ballot box and the main memory card to the Municipal/
City Canvassing Center.

82 The Main Memory Card or iButton Keys is/are defective, lost, stolen or destroyed. Inform the paralegals that the Main Memory Card and iButton Keys Letter B.3, B.4 Comelec Resolution No. 10497 s. 2019
is/are defective in your precinct. 13, 2013 National and Local Elections
Voting should continue upon authority of the Election Officer
by placing the filled up ballots inside the ballot box without
passing through the PCOS.
BEI shall ask authority from the Election Officer to transfer the
ballot box containing the uncounted ballots to the Municipal/
City Canvassing Center FOR SAFEKEEPING in case no replacement
Memory Card or iButton Keys is/are delivered.
The Election Officer shall notify all concerned parties of the date,
time and place of reconvening of the EB for the purpose of
automated counting.

CLOSING OF VOTING
83 The EB tries to close or has closed the voting before 6 pm Protest the closing of the voting before 6 pm Section 48 of Comelec Resolution Number 10460.
Have it be recorded in the Minutes of Voting and ask for
Certificate of Protest and Resolution from EB.
Inform the paralegals of such attempt or actual closing before
6:00:00 PM

84 The EB does not count the number of unused ballots and records the same in the Protest the failure to count the unused ballots and record the same. Section 78 (a) of Comelec Resolution Number 10460.
Minutes of Voting. If the EB refuses, have the failure to count be recorded in the
Minutes of Voting. Ask for Certificate of Protest and Resolution
from EB.

85 The EB does not tear the unused ballots in half lengthwise. Protest the failure to count tear the unused ballots lengthwise. Section 78 (b) of Comelec Resolution Number 10460.
If the EB refuses, have the failure to tear the unused ballots be
recorded in the Minutes of Voting. Ask for Certificate of Protest
and Resolution from EB.

86 The EB or any person stops or postpones the counting of votes without order of the Protest the stopping or postponement of the counting of votes Section 261 (z) par 23 of the Omnibus Election Code
COMELEC If the EB refuses, have the stoppage/postponement be Section 35 of RA 9369 amending Section 206 of BP 881
recorded in the Minutes of Voting. Ask for Certificate of Protest (Election Offense)
and Resolution from EB

87 The VCM was unable to print the Election Returns The VCM Technical Support Staff shall try to solve the problem Letter H Comelec Resolution No. 10497 s. 2019
If the problem is not solved, arrange for replacement VCM or 13, 2013 National and Local Elections
have the Election Returns be printed in the Municipal/City
Canvassing Center

88 The EB fails to give a copy of the election return to the Poll watcher Protest the failure to give the election return to the Poll watcher Section 79 of Comelec Resolution Number 10460.
* Ensure that the EBs sign the Election Returns given to Poll watcher If the EB refuses, have the failure to give copy be recorded in the Section 28 of RA 9369 amending Section 29 of RA 8436
Minutes of Voting. Ask for Certificate of Protest and Resolution (Election Offense)
from EB.

89 The EB fails to back up and write protect the election data Protest the failure to back up and write protect the election data Section 3 (II) (17) (a) of Comelec Resolution Number 10487
If the EB refuses, have the failure to back up and write protect
be recorded in the Minutes of Voting. Ask for Certificate of
Protest and Resolution from EB
Inform the paralegals immediately of such failure

90 The Election Results are not transmitted Have it be recorded in the Minutes of Voting In relation to Section 31 (III-A) of Comelec Resolution Number 10485
Inform the paralegal of the failure to transmit
Always guard the ballot box and Main Memory until
delivery to the Board of Canvassers

91 The EB fails to put inside the ballot box the Election Results, minutes of Voting, Protest the failure to put inside the ballot box the Election Section 80 (a) and (b) of Comelec Resolution Number 10460.
half of torn unused ballots, rejected ballots, VVPAT receptacle and seal it. Results, Minutes of Voting, half of torn unused ballots,
rejected ballots, VVPAT receptacle and seal the ballot box
Ensure the turn over of documents not put inside the sealed Section 82 of Comelec Resolution Number 10460.
ballot box to the Election Officer
Inform the paralegals of such failure

92 The EB fails to remove the Main Memory from the VCM and place it inside the Protest the failure to place the Main Memory in the envelope Section 75 (a) of Comelec Resolution Number 10460.
envelope for delivery to City/Municipal Board of Canvasssers for delivery to the Board of Canvassers
Inform the paralegal of such failure immediately

93 The EB fails to label the envelope containing the Main Memory with "Transmitted" Protest the failure to label the envelope containing the Main In relation to Section 31 (III-A) of Comelec Resolution Number 10485
or "Not Transmitted" Memory
Inform the paralegal of such failure immediately

94 The EB removes the Back Up Memory Card from the VCM. Protest the removal of the Back Up Memory from the VCM. Section 75 (a) of Comelec Resolution Number 10460.
Inform the paralegal of such removal immediately

95 The EB refuses to allow the Poll Watcher to accompany the ballot box and the Main Stay to guard the ballot box and main memory card until its Section 80 (e) of Comelec Resolution Number 10460.
Memory Card to the Canvassing Site delivery to the Board of Canvassers
Inform the paralegals of the refusal of the EB for the Poll
Watcher to accompany the ballot box and main memory card
to the Canvassing Site
Inform the paralegal of such refusal immediately

96 The EB fails to post a copy of the Election Returns in the premises of the polling place Ask the BEI to post a copy of the Election Returns Section 79 of Comelec Resolution Number 10460.
If the BEI refuses, inform the paralegals of such refusal Section 28 of RA 9369 amending Section 29 of RA 8436
(Election Offense)

97 Your precinct is selected for Random Manual Audit Inform the paralegal assigned to your precinct Section 5 of Comelec Resolution Number 10458
The Random Manual Audit is to be held not later than 2 days after
the Election and in the National Capital Region.
Do not participate in or interfere with the proceedings of the RMAT
Do not touch any RMA document

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