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ELECTION LAWS
OF THE PHILIPPINES
Full Text

  This web page contains the full text of
COMELEC Resolution No. 3459
SECURITY MEASURES FOR THE PRINTING AND SAFEKEEPING OF OFFICIAL BALLOTS, ELECTION RETURNS AND OTHER ACCOUNTABLE FORMS FOR THE MAY 14, 2001 NATIONAL AND LOCAL ELECTIONS.
 
COMELEC RESOLUTION NO. 3459
SECURITY MEASURES FOR THE PRINTING AND SAFEKEEPING OF OFFICIAL BALLOTS, ELECTION RETURNS AND OTHER ACCOUNTABLE FORMS FOR THE MAY 14, 2001 NATIONAL AND LOCAL ELECTIONS.
 
 
The Commission on Elections, by virtue of the powers vested in it by the Constitution, the Omnibus Election Code, and other election laws, resolved to promulgate, as it hereby promulgates, the following instructions for the printing and safekeeping of official ballots, election returns and other accountable forms for use in the May 14, 2001 national and local elections.
 
I. PRINTING AND SAFEKEEPING OF OFFICIAL BALLOTS, ELECTION RETURNS AND OTHER ACCOUNTABLE FORMS
 
Section 1. Committee on Printing of Official Ballots, Election Returns and Other Accountable Forms. — Pursuant to the provisions of Section 187 and 188 of the Omnibus Election Code and Republic Act Nos. 6646 and 7166, the "Committee on Printing of Official Ballots, Election Returns and Other Accountable Forms" hereinafter referred to as Committee, shall, under the direction of the Commission, exercise supervision and control over the printing and safekeeping of official ballots, election returns and other accountable forms for the May 14, 2001 national and local elections. The Committee shall be composed of’ the following:chanroblesvirtuallawlibrary
    (a) Commissioner Luzviminda G. Tancangco, as Chairman

    (b) Planning Director Lamberto P. Llamas, as Vice-Chairman

    (c) COA Representative, to be designated by the Chairman, Commission on Audit, as Member

    (d) Representative of the designated Citizens Arm, as Member

The registered political parties or coalition of parties, or their components should there be any dissolution or division of said coalition, shall each be entitled to a watcher to: a) witness the printing, numbering and safekeeping of official ballots, election returns and other accountable forms; b) file observations or objections with the Committee, if any; and c) guard the premises of the printing establishments on a twenty-four-hour (24) basis.

Independent candidates shall collectively be entitled to one watcher.

Sec. 2. Powers and Duties of the Committee. - The Committee shall have the following powers and duties:chanroblesvirtuallawlibrary

    (a) prepare the design of official ballots, election returns and other accountable forms subject to the approval of the Commission en banc;

    (b) assign coded serial numbers for the official ballots, election returns, and other accountable forms for approval by the Chairman of the Commission;

    (c) take charge of the room containing the security paper and paraphernalia used in the printing of official ballots, election returns and other accountable forms;

    (d) supervise all aspects relating to the printing and storage of official ballots, election returns and other accountable forms;

    (e) provide and enforce security measures by ensuring the presence of guards and watchers if any, who shall be under its operational supervision and control on a twenty-four-hour (24) basis;

    (f) prevent any irregularity in the printing of official ballots, election returns and other accountable forms;

    (g) submit to the Commission weekly reports on the progress of the printing and/or any irregularity which they believe have been committed; and

    (h) perform such other related functions as the Commission may direct.

Sec. 3. Committee Certification. - Immediately after the printing of official ballots, election returns and other accountable forms, the Committee shall require the printer to certify under oath, the following:chanroblesvirtuallawlibrary
    (a) that after due notice in writing to all members of the Committee and the duly appointed watchers, the printer designed and made only one pattern plate each for the printing of official ballots, election returns and other accountable forms for the May 14, 2001 national and local elections;

    (b) the number of electro-plates made from said pattern plate, and the number of replacements electro-plates authorized by the Commission; and

    (c) that the electro-plates were made after due notice in writing to all members of the Committee and the duly appointed watchers.

Thereafter, the Committee shall confirm the certification issued by the printer and submit the same as part of its final report to the Commission en banc copy furnished the dominant majority and dominant minority parties and the accredited citizens arm of the Commission.

Sec. 4. Prohibition to Make Other Patterns or Moulds. - The Committee shall strictly enforce the prohibition against the fabrication by any printer of any other type, form or mould, electro-type plate or any other plate or screen, for the printing of official ballots, election returns and other accountable forms unless previously authorized in writing by the Commission, in which case said form, mould, plate or screen shall be prepared after due notice in writing to all members of the Committee and duly authorized watchers.
 

II. SAGEGUARDS
 
Sec. 5. Prohibition Against Sub-contracting of Printing. - Printing of official ballots, election returns and other accountable forms shall not be sub-contracted by the printer without specific written authority from the Commission en banc.

Sec. 6. Control Log Book. - The Committee shall maintain in the premises of the printing establishments a Control Log Book to be kept in the custody of a responsible COMELEC personnel authorized by the Committee, in which shall be entered the following:chanroblesvirtuallawlibrary

    (a) the name and signature of any person, without exception, who enters the printing premises together with the date and time of entry into, and exit therefrom;

    (b) the material or documents brought in, withdrawn or returned to the printing premises together with the date and time said materials or documents were brought in, withdrawn or returned; and the names and signatures of persons bringing in, withdrawing or returning the materials or documents; and

    (c) the fact of turn-over of the Control Log Book to the receiving authorized personnel of the Committee showing the date and time thereof, and the name and signature of the said out-going and in-coming authorized personnel.

Sec. 7. Storage Rooms. - The Committee shall require printing establishments to provide such number of safety storage rooms as may be necessary within the premises or building of the printing establishment, wherein shall be kept the printed official ballots, election returns and other accountable forms, security paper, moulds, electro-plates and other printing plates, numbering machines, and all other portable printing paraphernalia that are used in the printing.

Sec. 8. Security Measures from Printing to Storage and Delivery. - Appropriate measures shall be taken to safeguard the integrity of the printed official ballots, election returns and other accountable forms until these are safely delivered to the appropriate committees created by the Commission to receive and distribute the same.

For this purpose, the Committee shall:chanroblesvirtuallawlibrary

    (a) refuse any person who shall not submit to a reasonable body and baggage search, ingress to or egress from the premises of the printing establishment, which shall be exclusively devoted to the printing of official ballots, election returns and other accountable forms;

    (b) not dispose or allow the disposal of trimmings or other waste materials of the security paper used for the printing of official ballots, election returns and other accountable forms before election day and thirty (30) days thereafter, except if the Commission authorizes an earlier date of disposal;

    (c) supervise and control the disposal of such trimmings and waste materials after the lapse of the above thirty-day period; and

    (d) destroy, upon the authority of the Commission in the presence of watchers of political parties and representative of citizens arm the patterns or moulds mentioned in Sec. 4 hereof after the printing of official ballots, election returns and other accountable forms.

III. EFFECTIVITY
 
Sec. 9. Effectivity. - This Resolution shall take effect on the seventh day following its publication in two (2) daily newspapers of general circulation in the Philippines.
 
IV. DISSEMINATION
 
Sec. 10. Dissemination. - The Education and Information Department shall cause the publication of this Resolution in two (2) daily newspapers of national circulation and give widest dissemination and publicity thereto, furnishing copies to the six (6) accredited major registered political parties or coalition thereof, fielding candidates for national positions, accredited political parties, sectoral organizations/coalition thereof, under the party-list system and the Citizens Arms of the Commission.
 
 
(Sgd.) HARRIET O. DEMETRIOU, Chairman
(Sgd.) JULIO F. DESAMITO, Commissioner
(Sgd.) TERESITA DY-LIACCO FLORES, Commissioner
(On Sick Leave) LUZVIMINDA G. TANCANGCO, Commissioner
(Sgd.) RALPH C. LANTION, Commissioner
(Sgd.) RUFINO S.B. JAVIER, Commissioner
(On Official Business) MEHOL K. SADAIN, Commissioner
 
 
Promulgated: 09 January 2001.
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