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Resolution No.

6637
RULES AND REGULATIONS ON LOCAL ABSENTEE ABSENTEE VOTING IN CONNECTION
WITH THE MAY 10, 2004 NATIONAL AND LOCAL ELECTIONS
Promulgation: 27 February 2004

The Commission on Elections, pursuant to the powers vested in it by the Constitution, the Omnibus
Election Code, Republic Act No. 7166, Executive Order No. 157 (EO 157) issued on March 30, 1987 and
other pertinent election laws, RESOLVED to promulgate, as it hereby promulgates, the following rules and
regulations on local absentee voting.
SECTION 1. Local absentee voting, defined. - Local absentee voting, as provided for under EO 157
and Republic Act No. 7166, refers to a system of voting whereby government officials and employees,
including members of the Armed Forces of the Philippines (AFP) and the Philippine National Police
(PNP), who are duly registered voters, are allowed to vote for the positions of President, Vice-President,
Senators and Party-List Representatives in places where they are not registered voters but where they are
temporarily assigned to perform election duties on election day.
SECTION 2. Who are entitled to avail of local absentee voting. - Local absentee voting shall be
exercised by
a. government officials and employees;
b. members of the AFP; and

c. members of the PNP, who are duly registered voters and who, on election day, may temporarily be
assigned in connection with the performance of election duties to places where they are not
registered voters.

Government officials and employees posted abroad to perform election duties on election day may also
vote in absentia: Provided, That they are registered voters under Republic Act No. 8189, otherwise known
as "The Voter's Registration Act of 1996"; Provided further, That they are not registered overseas absentee
voters under Republic Act No. 9189, otherwise known as "The Overseas Absentee Voting Act of 2003".

SECTION 3. Positions to be voted for. - Only the positions for President, Vice-President, Senators
and Party-List Representatives shall be voted for under the local absentee voting.
SECTION 4. Committee on Local Absentee Voting (CLAV). - A Committee on Local Absentee
Voting (CLAV) is hereby created composed of the following:

1. Commissioner-In-Charge/Chairman of the Committee on Overseas Absentee Voting as Chairman;


2. Director III of the Electoral Contests Adjudication Department as Vice-Chairman;
3. Director III of the Election Records and Statistics Department as member; and
4. Attorney VI, Investigation and Prosecution Division of the Law Department, as member.
SECTION 5. Powers and functions of the Committee on Local Absentee Voting (CLAV). - The
Committee on Local Absentee Voting (CLAV) shall have the following functions:
a. Supervise the implementation of the local absentee voting;

b. Receive applications for local absentee voting;

c. Verify whether the applicants are eligible for local absentee voting;

d. Act on applications for local absentee voting;

e. Transmit to the concerned Provincial Election Supervisors (PES) or to the Regional Election
Director of National Capital Region (RED-NCR) for Metro Manila based the following: (i) list of
approved applications for local absentee voting, and (ii) the exact number of local absentee ballots
corresponding to the number of approved applications, inner and outer envelopes, and paper seals.
The PES/RED-NCR shall in turn transmit the same to the head of office/supervisor/battalion or

station commander ("commander");

f. Receive and take custody, under proper receipt, the accomplished local absentee ballots and other
related documents from the head of office/supervisor/commander concerned or his authorized
representative; thereafter, to group in bundles of 300 the local absentee ballots in the order of
receipt;

g. Appoint members of the Special Board of Election Inspectors (SBEIs);

h. Deliver the local absentee ballots contained in a ballot box immediately after the close of voting on
May 10, 2004 to the SBEIs for counting;

i. Supervise the counting of ballots and canvassing of votes;

j. Receive for safekeeping all ballot boxes containing the counted ballots and related election
documents from the SBEIs and Special Board of Canvassers (SBOC) for local absentee voting.

k. Send notice of the approved applications for local absentee voting to all Election Officers (EOs)
concerned with a directive to indicate in the list of voters with voting records, specifically on the
space opposite the names of the qualified local absentee voters, the following annotation: "voting
thru local absentee voting", in order to prevent de-activation.
SECTION 6. Procedure for filing of application for local absentee voting. a. Not later than March 15, 2004, the head of office/supervisor/commander concerned shall
submit to the PES/RED-NCR the following:

i. a sworn request from him that he be provided with application forms for local absentee

voting, and

ii. a subscribed list of registered voters under his supervision or command availing of the local
absentee voting indicating therein the city/municipality, barangay, precinct number where
they are registered and the place of their assignment.
Copies of the Application Form for Local Absentee Voting and the List of Registered Voters Who
Will Avail of Local Absentee Voting are hereto attached as Annexes "A" and "B" and made integral
parts of this Resolution.
b. Immediately upon receipt of the sworn request for application forms and subscribed list of
registered voters, the PES/RED-NCR shall issue such number of application forms corresponding to
the number of applicants to the head of office/supervisor/ commander concerned or his duly
authorized representative. The PES/RED-NCR shall keep a record of the different government
offices/AFP units/PNP stations to which the application forms were sent and the number of forms
sent.

c. The head of office/supervisor/commander shall distribute the application forms to their respective
personnel.

d. The accomplished application forms for local absentee voting shall be returned by the applicantvoter not later than March 22, 2004 to the head of office/supervisor/commander who shall in
turn transmit the same directly to the Committee on Local Absentee Voting (CLAV), c/o Electoral
Contests Adjudication Department (ECAD), Commission on Elections, Postigo Street, Intramuros,
Manila immediately upon receipt thereof but not later than March 26, 2004, copy of which
transmittal shall be furnished the PES concerned/RED-NCR.
In all cases, the issuance, return and submission of the application forms shall be by the fastest means
available.
SECTION 7. Verification of applicants for local absentee voting. - Upon receipt of the list of
registered voters applying for local absentee voting from the head of office/supervisor/commander
concerned, the CLAV shall immediately verify whether the listed names are in fact registered voters. Upon
verification and approval of applications, the CLAV shall record in a log book the names of the

government employees/members of the AFP/PNP who are qualified to vote in absentia.


SECTION 8. Transmittal of list of qualified local absentee voters, local absentee ballots and
other election paraphernalia from the CLAV. - The CLAV shall transmit, not later than April 16,
2004, the list of qualified local absentee voters, the exact number of local absentee ballots, inner and outer
envelopes, and paper seals corresponding to the number of approved applications and thumbprint takers
to the PES/RED-NCR, who shall in turn forward the same to the head of office/supervisor/commander
concerned not later than 23 April 2004.
The PES/RED-NCR shall make a list in four (4) copies of the names of government officials or
employees/members of the AFP/PNP who are qualified to vote in absentia and distribute the said lists not
later than April 23, 2004 to the following:
a. Concerned head of office/supervisor/commander, together with local absentee official ballots and
other election paraphernalia;

b. Election Officer (EO) concerned with a directive mentioned in Section 5(k) above; and

c. Committee on Local Absentee Voting (CLAV), c/o ECAD, Commission on Elections, Postigo Street,
Intramuros, Manila.

The remaining copy shall be retained by the PES/RED-NCR for record purposes.
The PES/RED-NCR shall also keep a record of the names of heads of offices, supervisors or commanders
to whom the ballots, security envelopes, paper seals, list of voters and other required election
paraphernalia were delivered and the exact number of local absentee ballots delivered with their serial
numbers. A copy of such record shall be furnished the CLAV.
SECTION 9. Security envelopes for local absentee ballots. - There shall be two (2) security
envelopes for each local absentee ballot namely: an outer envelope and an inner envelope both with serial
numbers. The outer envelope where the detachable coupon shall be placed, shall contain spaces for the
name of the voter and his voter's registration record number (VRRN).
The inner envelope where the accomplished ballot shall be placed, shall contain no other mark except an
indication that it is a special envelope for a local absentee ballot.

SECTION 10. Distribution of local absentee ballots, envelopes and paper seals. - Not later
than April 26, 2004, the head of office/supervisor/ commander concerned, shall deliver the local
absentee ballots, inner and outer envelopes, and paper seals to the qualified local absentee voters. In the
distribution, he shall:
a. require each voter to affix his signature opposite his name in the list prepared by the CLAV under
Sec. 8 hereof;

b. detach one ballot from the pad of ballots and retain the stubs where the serial number appears;

c. write the serial numbers of the ballot, security envelope, and paper seal opposite the name of the
voter in the list;

d. give to the voter the ballot, two security envelopes and two (2) paper seals; and

e. instruct the voter to immediately accomplish the ballot in accordance with Section 12 hereof and
return the same to him.
SECTION 11. Date and place of voting. - The local absentee voter shall vote starting April 27,
2004 until April 29, 2004. For this purpose, the head of office/supervisor/ commander shall designate
the time and place of voting where the voters shall converge to vote.
SECTION 12. Manner of voting. - The local absentee voter shall:
a. fill up the ballot secretly;
b. imprint his thumbmark on the proper space in the detachable coupon of the ballot;
c. detach the coupon from the ballot and place the same inside the outer envelope;
d. place the accomplished ballot inside the inner envelope, close and seal the envelope;
e. place the sealed inner envelope inside the outer envelope, which shall likewise be sealed;

f. write his name and VRRN on the spaces provided for in the outer envelope; and
g. submit the sealed security envelope to the head of office/supervisor/commander.
SECTION 13. Transmittal of local absentee ballots and other election documents to the
CLAV. - The head of office/supervisor/ commander shall, after he has collected all the accomplished
ballots from the local absentee voters, immediately transmit said ballots to the CLAV, c/o ECAD, Comelec,
Intramuros, Manila by the fastest means available, so that the ballots are received in the Commission not
later than May 6, 2004. The head of office/supervisor/commander concerned shall prepare a transmittal
letter in two (2) copies indicating the names of the persons who cast the local absentee votes and their
VRRNs. He shall submit a copy of the letter to the CLAV and a certification on the number of ballots
collected by him. The CLAV shall write a letter to the EO concerned who shall indicate in the list of voters
with voting records that said voters have availed of local absentee voting.
The PES/RED-NCR shall likewise return to the CLAV in Manila whatever excess application forms for
local absentee ballots remaining in his custody.
SECTION 14. Special Board of Election Inspectors. - The Commission may constitute as many
Special Board of Election Inspectors (SBEIs) for local absentee voting as may be deemed necessary to
count the local absentee ballots. The members thereof shall be chosen and appointed by the Chairman of
the CLAV from among the personnel of the Commission in the Main Office, Manila, not later than April
23, 2004.
SECTION 15. Oath of members of SBEI. - Before assuming their office, the chairman and members
of the BEI shall take and sign an oath before any officer authorized to administer oaths. Copies of the
oaths shall immediately be submitted to the CLAV.
SECTION 16. Proceedings of the SBEI. - The SBEI shall meet in any available office of the
Commission, Intramuros, Manila, at 3:00 o'clock in the afternoon of May 10, 2004 to count the votes cast
by the local absentee voters and shall not adjourn until the counting is completed. All proceedings of the
SBEI shall be public. It shall act through its chairman and all questions presented before it shall be
decided without delay. All questions presented before it shall be decided by majority vote of the members.
During meetings, not more than one member shall be absent at a time, and in no case shall such absence
be for more than twenty (20) minutes.
SECTION 17. Manner of counting local absentee ballots. - The envelopes containing the local
absentee ballots shall be placed in ballot boxes and distributed to the different SBEIs at the rate of three
hundred (300) envelopes per SBEI. The SBEI shall proceed with the counting as follows:

a. retrieve the special envelopes from the ballot box;


b. open each outer envelope, retrieve the inner envelope and the detachable coupon;
c. place the coupons in the compartment for spoiled ballots of the ballot box;
d. open the inner envelope and retrieve the ballot found therein;
e. pile the ballots in bundles of one hundred (100) each;
f. read and count the ballots;

g. record by a vertical line on the proper spaces in the election returns each vote read and counted.
Every fifth vote shall be recorded by a diagonal line crossing the previous four vertical lines;

h. write the partial sum of votes obtained by each candidate on the tally board and on the election
returns. After finishing the first pile of 100 ballots, the BEI shall proceed to count the succeeding
piles of ballots recording the partial sum of votes for each candidate after every 100 ballots are read
and recorded; and

i. add the partial sum of the votes recorded for each candidate and record the total votes on the tally
board and on the election returns after all ballots have been read.
SECTION 18. Election Returns. - The election returns shall be prepared in seven (7) copies and
distributed as follows:
a. The first copy to be submitted to the Special Board of Canvassers for local absentee voting;
b. The second copy, to the Congress, directed to the President of the Senate;

c. The third copy, to the Commission to be submitted to the Election Records and Statistics
Department (ERSD);

d. The fourth copy to the dominant majority party;


e. The fifth copy to the dominant minority party; and
f. The sixth copy to the accredited citizens' arm of the Commission.
g. The seventh copy to be deposited inside the compartment for valid ballots of the ballot box;
SECTION 19. Post counting procedure. - Upon the termination of the counting of votes, the SBEI
shall:
a. place in the envelope provided for the purpose the counted official absentee ballots;
b. seal the envelope with paper seal;
c. deposit the envelope properly sealed inside the compartment for valid ballots of the ballot box;

d. bundle the inner envelopes used for the filled out ballots and deposit the same inside the
compartment for valid ballots of the ballot box;

e. place the seventh copy of the election returns inside the compartment for valid ballots;
f. close the ballot box with metal seals and padlocks;
g. deliver the locked ballot box and the keys to the padlocks to the Committee for safekeeping; and
h. distribute the election returns according to Sec. 18 hereof.
SECTION 20. Special Board of Canvassers. - There is hereby constituted a Special Board of
Canvassers ("SBOC") for local absentee voting to be composed of a ranking lawyer of the Commission as
chairman to be designated by the Chairman of the CLAV, and as members, a lawyer from the Department
of Justice and ranking official from the Department of Education.
SECTION 21. Notice of canvass. - The chairman of the SBOC shall give notice of canvass to its
members, the presidential, vice-presidential, senatorial candidates and the political parties of the time,
date and place of canvass at least five (5) days before May 10, 2004.

SECTION 22. Meeting of the Special Board of Canvassers. - The SBOC shall meet not later than
6:00 o'clock in the evening of May 10, 2004 in any available office in the Commission, Intramuros,
Manila, and proceed with the canvass of the election returns submitted to it by the SBEIs. It shall not
adjourn until the canvass is completed, making available the data to the mass media and other interested
parties.
SECTION 23. Certificate of canvass. - The SBOC shall prepare the Certificates of Canvass in seven (7)
copies for distribution as follows:
a. The first copy to the Congress, directed to the President of the Senate for use in the canvass of the
election results for President and Vice-President;

b. The second copy to the Commission as National Board of Canvassers for use in the canvass of the
election results for senators and party-list representatives;

c. The third copy to be retained by the chairman of the SBOC;

d. The fourth copy to the citizens' arm designated by the Commission to conduct a media-based
unofficial count; and

e. The fifth, sixth and seventh copies to the three (3) accredited major political parties.
SECTION 24. Watchers. - In every meeting of the SBEI and the SBOC, each candidate for President,
Vice-President, Senators, each duly registered political party, organization or coalition of political parties,
which has nominated candidates for President, Vice-President, Senators and Party-List Representatives,
and one duly accredited citizens' arm of the Commission of national constituency, shall be entitled to
appoint in writing one (1) watcher. Civic, religious, professional, business, youth and any other similar
organizations with prior authority to the Commission, shall collectively be entitled to appoint one (1)
common watcher.
SECTION 25. Effectivity. - This Resolution shall take effect immediately after its publication in two (2)
newspapers of general circulation.

SECTION 26. Dissemination. - The Education and Information Department shall cause the
publication of this Resolution in two (2) newspapers of general circulation and shall furnish copies thereof
to the Department of Education, the Department of Justice, Chief of Staff of the Armed Forces of the
Philippines, the Director General of the Philippine National Police and all deputized departments and
agencies or instrumentalities and all field offices of the Commission.
SO ORDERED.