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RePublic of the PhiliPPines +,

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT"'1}.Ii
A. Francisco Gold Condominium II
EDSA Cor. Mapagmahal St., Diliman
Quezon CitY

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April 10, 2012
/TIEMORANDUM CIRCUTAR
lrle. 2012 - 66

TO ALL PROVINCIAL GOVERNORS, CITY MAYORS, MUNICIPAL

MAYORS, PUNONG BARANGAYS, DILG REGIONAL
DIRECTORS AND FIELD OFFICERS, THE ARMM REGIONAL
SECRETARY, BFP CHIEF, PNP CHIEF, AND OTHERS
CONCERNED

SUBJECT : COMELEC RESOLUTION NO. 9371, ENTITLED "RULES AND

REGULATIONS ON DETAINESS REGISTRATION AND VOTING
IN CONNECTION WITH THE MAY 13, 2013 NATIONAL AND
LOCAL ELECTIONS AND SUBSEQUENT ELECTIONS
THEREAFTER"

WHEREAS, there is a need to review or modify CoMELEC Resolution No. 881

as amended Oy iOlUeleC Resolution NO. 8859 dated May 10, 2010 relative to the
'10, 2010
rules on detainee registration and voting after the experience from the May
National and Local Elections;

WHEREAS, on 06 March 2012, ffie commission on Elections promulgated

coMELEC Resolution No. 9371 entitled "Rules and Regulations on Detainee
Registration and voting in connection with the May 13, 2013 National and
Local
Elections and subsequent elections thereafter";

2012, it was agreed

WHEREAS, in the 1"t Inter-Agency Meeting -oton March 13,
upon that this Department shall OLcorire part the implementation of the said
COMELEC Resolution;

In view thereof, all Local Chief Executives are hereby directed to strictly
observe
and ensure complete implementation of the rules and regulations on of which detainee
a copy
registration and voiing as contained in COMELEC Resolution No. 9371,
is hereto attached.

A|lRegiona|DirectorsandtheARMMRegiona|Governorare|ikewisehereby
Memorandum Circular
enjoined to ciuse the immeJiate and widest dissemination of this
toal|LGUswithintheir'".p..tiu"regiona|assignments,andtoensurethatthisru|es
and regulations are strictly implemented.

For strict comPliance.

"rnssnrvJK&$no
Secretary
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REFUBLIC CF TTIE PHILlPPINES

coMurssroN o!{ EIJECSIONS
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Dear Hon. Robtedo;

I'r.'icrv of rlre pfon:ulgauon of CO\IL.LE(I Res<.rluur,'n N.r !3r I e rtitlr ci ''ltrrles

and Regulatiorrs oE Detditt<.' Registrdtion dfid VotinS in Connection @ith Ii,i .\Id)'
13, lli- National and L,ocal Elections anti Subseqttet t Electiolrs Thete,'!-'; " t\-'e
C-r' . nissi,:r on Electjc.,ns (Conlrlttee {)u Dai:line€ \.',rring1 rriil c()rl.ltr.t tt.' i'' ;tlcr'
Agency li.itr:ting on hfurcb 13,21!: 1:30 p.w. s1 1fis f {}i"ltLEC r''.',:ttt: ,'7'll.
t)dacio del Gobemador, Intrdmrlr,., llianil,t r, lis,:,r' ,rfers fltie,ia.. : 'i
.rleme niadon of the re,-lolution. Jn this tega:d. '.t - rri. lr'l:-i!'ir '1,tr Lll v.,i;!i' fei)f ' ,

;cttl u! in ihe strrd maedxg. .A'ltil(: is ur ctf'. i " ' ll i 'r'a R(s -'l'.rilr)r
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....: 521-4944/ i2?'29S-l .rnd Lrok f.rr Attr'. ri:rr'li (lati-rro r-.:'l.i: " . rrrr,nd lianri''

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Republic of lho Philjppifl es

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 COMMISSION ON ELECTIONS

2013 NATIONAL and LOCAL ELECTIONS

RESOLUTION NO. 9371

RULES AND REGULATIONS ON DETAINEE REGISTRATION AND VOTING IN

CONNECTION WITH THE MAY 13, 2013 NATIONAL AND LOCAL ELECTIONS AND
SUBSEQUENT ELECTIONS THEREAFTER.

Promulgation: 06 March 2012

WHEREAS, on March 23, 2010 the Commission on Elections promulgated Comelec Resolution
No. 8811 as amended by Comelec Resolution No. 8859 on May 5, 2010 (Rules and
Regulations on Detainee Voting in Connection with the May 10, 2010 National and Local
Elections) creating a Committee on Detainee Voting and establishing special polling places in
detention centers/jails;

WHEREAS, there is a need to review or modify the rules on detainee registration and voting in
the light of the May 10, 2010 National and Local Elections experience;

NOW THEREFORE, pursuant to the powers vested in it by the Constitution, the Omnibus
Election Code and other election laws, the Commission on Elections HEREBY RESOLVES to
promulgate the following rules and regulations on detainee registration and voting:

RULE 1

INTRODUCTORY PROVISIONS and COMPOSITION and POWERS OF THE COMMITTEE

SECTION 1. Who are Entitled to Avail of Detainee Voting - Detainee voting (either through
the special polling place inside jails or escorted voting) may be availed of by any registered
detainee whose registration record is not transferred / deactivated / cancelled / deleted.

SECTION 2. Definition of Terms - As used in this Resolution, the following terms shall mean:

1. Detainee – Refers to any person: (1) confined in jail, formally charged for any crime/s and
awaiting/undergoing trial; or (2) serving a sentence of imprisonment for less than one (1) year;
or (3) whose conviction of a crime involving disloyalty to the duly constituted government such
as rebellion, sedition, violation of the firearms laws or any crime against national security or for
any other crime is on appeal;
 2. Election Day Computerized Voters List for Detainees (EDCVL-DV) – Final list of registered
detainee voters who are voting through the special polling places established inside jails
(containing the voters’ photographs, signatures, and thumb prints) used on the day of the
elections wherein the voters must imprint their thumbmarks and affix their signatures after
casting their votes duly certified by the SBEI;

3. Escorted Voting – Voting mechanism for detainee voters who are residents/ registered
voters of municipalities/cities other than the town/city of incarceration; and/or for detainee voters
in jail facilities where no special polling places are established;

4. Posted Computerized Voters List for Detainees (PCVL-DV) – Final list of detainee voters
(containing the voters’ names, addresses and precinct numbers) posted in each special polling
place duly certified by the SBEI;

5. Regular Polling Places - Refers to the place where the Board of Election Inspectors
conducts its proceeding and where the voters cast their votes;

6. Special Polling Place Inside Jail – Refers to the polling places established in jails where said
detainee voters cast their votes.

SECTION 3. Committee on Detainee Voting - A Committee on Detainee Voting (“Committee”)

shall be composed of the following:

Chairman - Commissioner Rene V. Sarmiento

Vice-Chairman - Atty. Bartolome Sinocruz, Jr

Deputy Executive Director for Operations (DEDO)
Members - Atty. Esmeralda Amora-Ladra
Director IV, Law Department
- Ms. Jeannie Flororita
Acting Director, Information and Technology
Department (ITD)
- Atty. Teopisto S. Elnas, Jr.
Director IV, Election and Barangay Affairs Department (EBAD)
- Atty. Dindo Maglasang
Atty. VI, EBAD
- Ms. Ester Villaflor-Roxas
Director IV, Election Records and Statistics Department (ERSD)
- Atty. Martin B. Niedo
Budget Officer V, Finance Services Department
- Atty. Abigail Claire F. Carbero
Office of the Committee Chairman
 - Atty. Albert Leonard C. Rodriguez
Office of the Committee Chairman
- Mr. Raymund D. Batario
Office of the Committee Chairman
- Atty. Arnulfo Sorreda
- One (1) Support Staff from the Office of Comm. Lucenito N. Tagle
- Mr. Jamalodin L. Hadjiusman
- One (1) Support Staff from the Office of Comm. Elias R. Yusoph
- Atty. Rene P. Cruz
- One (1) Support Staff from the Office of Comm. Christian Robert
S. Lim
- Atty. Jeffrey Hernandez
- One (1) Support Staff from the Office of Comm. Augusto C.
Lagman
- One (1) Representative from the Election Records and Statistics
Department (ERSD)
- One (1) Representative from the ITD
- One (1) Disbursing Officer
- One (1) Processor
- Two (2) Support Staffs

SECTION 4. Powers and Functions of the Committee - The Committee shall oversee and
ensure the implementation of all Comelec resolutions pertaining to detainee registration and
voting and shall have the following powers and functions:

1. Receive the lists of detainee voters per jail facility with at least fifty (50) registered voters
submitted by the jail warden and duly verified by the proper Election Officer (“EO”) of the
municipality /city where the jail/ detention center is located;

2. Check, determine and prepare the list of the jail facilities where special polling places shall
be established in accordance with E.M. No 09-005 promulgated on February 23, 2010 and
based on the list of the Bureau of Jail Management and Penology (BJMP) / detention facility;

3. Prepare, in coordination with the Information Technology Department (ITD), the Election
Day Certified Voter’s List for Detainee Voters (EDCVL-DV) (per polling place) who are voting
through the special polling places;

4. Determine the election paraphernalia, the number of SBEI, support staff and escorts
required in the special polling places inside jails;

5. Cause the distribution of the EDCVL-DV and the needed election paraphernalia in the
special polling places inside jails;
 6. Inspect the area inside the detention centers/jails (selected by the BJMP personnel) where
the special polling places are to be set up to ensure compliance with pertinent laws and
COMELEC rules.

7. Coordinate with the BJMP, Bureau of Corrections (BuCor), Commission on Human Rights,
watch groups and other non-government organizations which are helping the Commission in
ensuring the exercise of detainees’ right to vote; and

8. Perform and exercise such other powers and functions as may be necessary for the proper
implementation of COMELEC resolutions and rules on detainee registration and voting.

RULE 2

REGISTRATION

SECTION 1. Detainees’ Satellite Registration - There shall be a satellite registration of

detainees in detention centers/jails in accordance with the following guidelines:

Number of Qualified Applicants Number of Days

1 to 249 1
250 to 499 2
500 to 749 3

750 to 999 4
1,000 and above 5

Pursuant thereto, there shall be satellite registration in detention centers/jails with even less
than ten (10) qualified applicants. Further, in cities comprised of two or more districts, satellite
registration shall be conducted by all COMELEC districts within the city to accept applications of
respective detainees-residents regardless of the fact that the detention center/jail is located in
one (1) district only. Furthermore, in capital towns where there are provincial, city or municipal
jails and sub-jails, separate satellite registration shall be held.

SECTION 2. Applicability of Existing COMELEC Resolutions - The pertinent provisions of

Comelec Resolution No. 9149, promulgated on February 22, 2011 and other Resolutions as far
as the registration period; qualifications and disqualifications of applicants for registration; the
procedures for filing, processing and hearing of applications; and notices and publication
requirements are hereby adopted.
SECTION 3. Reckoning Period of Age and Residence - Detainees who shall be eighteen
years of age on the day of election and/or are committed inside the detention centers for at least
six (6) months immediately preceding the election day may be registered as a voter.

Detainees who are already registered voters may apply for transfer of registration records as
warranted by the circumstances.

SECTION 4. Mechanics for Registration - In addition to the rules stated in Comelec

Resolution No. 9149, the EO shall:

1. Before the scheduled satellite registration:

a. Coordinate with the Jail Warden in the Provincial/City/Municipal Jail or other

Correctional/Rehabilitation/Detention Centers to determine the approximate number of qualified
applicant detainees pursuant to Section 1 of this Rule and ensure maximum security of
Comelec personnel as well as the Voters Registration Machines (VRM) and its peripherals;

b. Conduct ocular inspection on the proposed registration site within the premises of the
Provincial/City/Municipal Jail or other Correctional/Rehabilitation/Detention Centers, taking into
consideration the number of Comelec personnel and the VRM to be installed;

c. Notify and secure the approval from the Regional Election Director (RED), in case of the
National Capital Region, or the Provincial Election Supervisor (PES), of the establishment of
satellite registrations for the detainees; and

d. Post written notice of schedule of the satellite registration of detainees in the detention
premises where said registration shall be conducted and in the Bulletin Board of the office of the
EO;

2. During the satellite registration:

a. Adopt a system of processing the application to minimize queuing and speed up the
registration process;

b. In case the satellite registration is more than one (1) day, the election officer concerned
shall not leave the VRM and its peripherals in the registration site/jail premises;

c. All applications shall be submitted to the Election Registration Board (ERB) for proper
disposition in accordance with Comelec Resolution No. 9149; and

d. Subject to existing BJMP policies, rules and regulations, watchers/representatives from

political parties, citizens’ arms and other civil societies shall be allowed to witness/observe the
proceedings.
For monitoring purposes, the REDs/PES shall submit to the Chairman, Committee on Detainee
Registration and Voting a monthly report on the approved satellite registration for detainees
indicating the city/municipality, date of registration and the number of applicants.

RULE 3

SPECIAL POLLING PLACES INSIDE JAILS

SECTION 1. Special Polling Places Inside Jails.- Special polling places shall be established
in detention center/jail facility with registered detainee voters in the following manner:

Number of Qualified Detainee Voters Number of Special Polling Places

50 to 100 1
101 to 200 2
201 to 300 3
301 to 400 4
401 to 500 5

In case there are more than 500 qualified detainee voters, one (1) special polling place shall be
established for every additional 100 qualified detainee voters.

In case of cities with several districts, detainee voters of districts other than the district where
the detention center/jail is located are entitled to vote in the special polling places inside the
detention centers/jails.

To maintain order, the division of detainee voters shall be done by listing together detainee
voters belonging to the same district.

In the preparation of the list of registered detainee voters where the detention center/ jail is
located, the following rules shall be observed:

1. Only those who are in the custody of detention centers/jail facilities as of the first Monday
of March of the election year shall be included;

2. Detainee voters who are registered but are released from the detention center/ jail as of the
last working day of February of the election year shall be excluded from the BJMP list.

For this purpose, the BJMP shall submit to the Committee a list of released detainees on
or before second Monday of March of the election year;
 The BJMP shall, not later than three (3) days before the day of the election, give to the
election officer an updated list of detainees who are released from first Monday of March up to
the date of the submission of the said list;

3. Detainees who entered the detention center/jail after the registration period shall be
included in the counting provided they are registered as voters in the municipality/city where the
jail facility/detention center is located and are in the custody of the jail as of the first day of
March of the election year;

4. In cities and municipalities where the detention center/jail is comprised of male/female

dorms/ annexes located in one or in different compounds, the total population shall be the basis
for counting;

Detainee voters included in the EDCVL-DV but released before the elections shall be allowed to
vote in the regular polling place where he is registered. The released detainee shall show to the
BEI his release order/paper. For this purpose, the SBEI shall manually cross-out the name of
the released detainee in the EDCVL-DV.

Only one special polling place shall be created for jails mentioned in Section 1, (d) of this Rule.
When the jail facilities are located in different compounds, detainee voters in the facility where
the special polling place is established shall be joined by the voters coming from the other dorm
/ annex.

SECTION 2. Location of the Special Polling Place. - The special polling place should be
established in an area inside the jail spacious enough to accommodate more than ten (10)
voters at a given time to ensure that voting shall be completed while there is still sufficient time
to deliver all the accomplished ballots to the different precincts where detainees are registered.

The guidelines on the physical set-up of regular polling places shall apply to the special polling
places in jails.

SECTION 3. Preparation of the EDCVL-DV and PCVL-DV –The EDCVL-DV and PCVL-DV
shall be prepared by the ITD containing the names of all registered detainee voters who are
voting through the special polling places established inside detention centers/jails endorsed by
the Committee on Detainee Voting based on the BJMP list duly verified by the proper EO.

SECTION 4. Who May Be Allowed to Vote in the Special Polling Places in Jails. - Only
detainee voters whose names appear in the EDCVL-DV and/or PCVL-DV may vote in the
special polling places in jails.

SECTION 5. Persons Allowed Inside Special Polling Places – Only the following shall be
allowed to enter the special polling places inside jails:
 1. Members and support staff of the SBEI;
2. Watchers who shall stay only in the space reserved for them;
3. Monitoring groups (maximum of 2 per special polling place) who shall stay in the space for
watchers;
4. Representatives of the Commission on Human Rights;
5. Representatives of this Commission;
6. Detainee voters accomplishing their ballots;
7. Detainee Voters waiting for their turn to accomplish their ballots;
8. At least three BJMP personnel (the number shall be increased as the need arises) who
shall stay also in the space for watchers; and
9. Other persons who maybe specifically authorized by the Commission.

SECTION 6. Persons Not Allowed Inside Special Polling Places - The following shall not be
allowed to enter the special polling places in jails:

1. Any officer or member of the Armed Forces of the Philippines or the Philippine National
Police;

2. Any peace officer or any armed person belonging to any extra-legal police agency, special
forces, reaction forces, strike forces, Civilian Armed Force Geographical Units, barangay tanods
or other similar forces or paramilitary forces, including special forces, security guards, special
policemen except the BJMP personnel mentioned in the immediately preceding section;

3. All other kinds of armed or unarmed extra-legal police forces; and

4. Any candidate or barangay official, whether elected or appointed.

RULE 4

SPECIAL BOARD OF ELECTION INSPECTORS, SUPPORT STAFF, WATCHERS,

ESCORTS AND MONITORING GROUPS

SECTION 1. Special Board of Election Inspectors (SBEI) and Support Staff Per Voting
Center - The Commission, through its EO in districts/cities/municipalities where a special polling
place is established, shall constitute the SBEI in accordance with the period provided in the
calendar of activities for the elections.

In addition, the election officer shall designate SBEI support staff for every voting center with
detainee voters.

The SBEI and its support staff shall have the same qualifications and shall be appointed in the
same manner as the regular BEI.
SECTION 2. Powers and Functions of the SBEI - The SBEI shall have the following powers
and functions:

1. Receive and bring the needed election paraphernalia to the special polling places in
detention centers/jails on election day;

2. Receive from the SBEI support staff (assigned per voting center) the precinct-specific
ballots (per precinct) contained in a properly sealed and signed envelope;

3. Conduct only the voting in the special polling places (the scanning and counting shall be
done in the detainee voters’ respective precincts);

4. Seal and sign the envelopes containing the filled-up ballots (per precinct) and hand it to
the SBEI support staff for counting in the detainee voters’ respective precincts;

5. Act as deputies of the Commission in the conduct of the elections;

6. Maintain order within the special polling place and its premises; keep access thereto open
and unobstructed; enforce obedience to its lawful orders and prohibit the use of cellular phones
and camera by the detainee voters. If any person refuses to obey the lawful orders of the SBEI
or conducts himself in a disorderly manner in its presence or within its hearing and thereby
interrupts or disturbs its proceedings, the SBEI may issue an order in writing directing any BJMP
personnel to take said person into custody until the adjournment of the proceedings, but such
order shall not be executed as to prevent the person from voting. A copy of such order shall be
attached to the Minutes; and

7. Perform such other functions prescribed by law or by the rules and regulations promulgated
by the Commission.

SECTION 3. Duties of the SBEI Support Staff and PNP Escort. – There shall be one (1)
SBEI support staff with uniformed PNP escort for every voting center of the city or municipality
where the detention center/jail is located.

The SBEI support staff shall:

1. Collect the ballots of the detainee voters from the different clustered precincts of the voting
center of assignment;

2. Bring the collected ballots to the special polling place inside the detention center/jail; and

3. Return for counting before the close of voting hours on election day, the accomplished
ballots to the BEI of the regular polling place where the same ballots were taken.

The PNP escort shall accompany the SBEI support staff from the special polling place in
detention center/jail to the voting center, then from the voting center back to the special polling
place in detention center/jail and, finally, from the detention center/jail to the voting center. The
PNP escort shall not enter any polling place from which the ballots are taken and to which same
ballots are returned or any other polling places except to vote if he is registered therein.

In case there are no sufficient PNP escorts, BJMP personnel shall be assigned by the jail
warden to augment the PNP force in escorting the SBEI support staff.

SECTION 4. Proceedings of the SBEI – The proceedings of the SBEI shall be public and shall
be held in the special polling place designated by the Commission and the BJMP.

SECTION 5. Voting Privilege of the SBEI - Members of the SBEI who are not availing of the
Local Absentee Voting may, on election day, vote in the polling places where they are
registered, provided that their absence in the special polling place shall not be more than thirty
(30) minutes and that they schedule their voting so that only one member of the SBEI shall
leave at any one time.

SECTION 6. Prohibition Against Political Activity - No member of the SBEI or its support
staff shall engage in any partisan political activity or take part in the election except to discharge
his duties as such.

SECTION 7. Honoraria of the SBEI and their Support Staff (Per Voting Center) - The SBEI
and support staff shall receive honorarium/allowance and other emoluments as may be
authorized by the Commission.

SECTION 8. Official Watchers of Candidates, Political Parties and Other Groups. - Each
candidate and registered political party or coalition of political parties duly registered with the
Commission and fielding candidates in the election, as well as duly accredited citizen’s arms
may appoint two watchers, to serve alternately, in every special polling place. However,
candidates for Senator, candidates for Member, Sangguniang Panlalawigan or Sangguniang
Panlungsod, or Sangguniang Bayan, belonging to the same ticket or slate, shall collectively be
entitled to one watcher.

Duly accredited citizens’ arms of the Commission shall be entitled to appoint a watcher in every
special polling place. Other civil, professional, business, service, youth, and other similar
organizations, with prior authority of the Commission, shall be entitled collectively to appoint one
watcher in every special polling place.

If, because of limited space, all watchers cannot be accommodated in the polling place,
preference shall be given to the watchers of the dominant majority and dominant minority
parties as determined by the Commission and the watcher of the citizens’ arm, with the latter
being given preferential position closest to the SBEI. In case there are two or more citizen’s
arm, the one authorized by the Commission to conduct an unofficial count shall be given
preference.
Watchers shall be subjected to all the security measures enforced in jails.

SECTION 9. Qualifications of Watchers - No person shall be appointed watcher unless he:

1. Is a registered voter of the city or municipality comprising the precinct where he is

assigned;

2. Is of good reputation;

3. Has not been convicted by final judgment of any election offense or of any other crime;

4. Knows how to read and write Filipino, English or the prevailing local dialect;

5. Is not related within the fourth civil degree of consanguinity or affinity to the chairman or to
any member of the SBEI in the special polling place where he/she seeks appointment as
watcher; and

6. Is not a detainee of the jail.

SECTION 10. Rights and Duties of Watchers - Upon entering the special polling place, the
watchers shall deliver to the chairman of the SBEI their appointment as watchers, and their
names shall forthwith recorded in the Minutes of Voting with a notation under their signatures
that they are not disqualified to serve as such under the immediately preceding Section. The
appointments of the watchers shall bear the signature of the candidate or duly authorized
representative of the party, organization or coalition that appointed them. For this purpose, at
least fifteen (15) days before election day, independent candidates, registered parties,
organizations, or coalitions authorized by the Commission to appoint watchers shall provide the
EOs concerned with the names and signatures of their representatives authorized to appoint
watchers in the city or municipality and special polling places in jail in said city / municipality.

The watchers shall have the right to:

1. Witness and inform themselves of the proceedings of the SBEI;

2. Take note of what they may see or hear;

3. Take photographs of the proceedings and incidents, if any, during the voting in the special
polling places in jails;

4. File a protest against any irregularity or violation of law which they believe may have been
committed by the SBEI or by any of its members or by any person, and

5. Obtain from the SBEI a certificate as to the filing of such protest and the resolution thereof.

Watchers shall not speak to any member of the SBEI, or to any voter or among themselves, in
such manner as would disturb the proceedings of the SBEI.
SECTION 11. Monitoring Groups, Observers and Media Representatives - Monitoring
groups duly accredited by the Commission shall be allowed access to the special polling places
inside detention centers/jails to observe the proceedings; Provided, said groups present the
necessary identification to the SBEI;

Accredited media representatives and foreign observers shall also be allowed access to the
special polling places upon presentation of the necessary identification to the SBEI.

In all instances, the above-mentioned groups must follow all the security measures enforced
within the detention centers/jails and the guidelines established by this Commission.

SECTION 12. Documentation and Communication Devices Allowed in Special Polling

Places - Watchers, members of the SBEI, SBEI support staff, CHR representatives, accredited
monitoring groups, accredited citizen’s arms, and COMELEC representatives shall be allowed
to bring cameras, cellular phones and laptops in the special polling places. Provided: These
devices are to be used exclusively for official documentation and communication purposes only
Provided further: That the secrecy of the ballots shall be respected at all times.

RULE 5

ELECTION FORMS AND SUPPLIES

SECTION 1. Election Forms, Documents and Supplies. - Except when authorized to do

earlier by the Commission, the SBEI shall get the forms, documents and supplies early in the
morning of election day. The City/Municipal Treasurer shall distribute the following forms,
documents and supplies to the SBEI of the special polling place of the city/municipality.

FROM THE CITY / MUNICIPAL TREASURER

CEF NO. DESCRIPTION RATE OF DISTRIBUTION

ELECTION FORMS

A12 Paper Seal (No. of Clustered Pieces

Precincts with
Detainee Voters)
x (2)
EXPANDABLE ENVELOPES

For the ballots from (No. of Clustered Pieces

the precincts with Precincts with
detainee voters ` Detainee Voters )
x (2)

OTHER FORMS

A30 / A31 Temporary appointment 10 Pieces

of Chairman/Poll Clerk/
Third Member/Support
Staff

A35 Certificate of Challenge 10 Pieces

or Protest and Decision
of the BEI

A39 Oath of Voter 10 Pieces

Challenge for Illegal
Acts

A40 Oath of Identification 10 Pieces

of Challenge for Illegal
Acts

SUPPLIES

Bond Paper (Long) 30 Pieces

Ballot Secrecy Folder 22 Pieces
Thumbprint Taker 1 Piece
Indelible Stain Ink 2 Bottles
Instruction to Voters 1 Piece
Marking Pens 2 Boxes
Ball pen 6 Pieces

FROM THE ELECTION OFFICER

1. One set of EDCVL-DV per special polling place;

2. Copies of Appointment and Oath of Office of the SBEI and Support Staff (A5 & A5-A); and
3. Two sets of PCVL-DV.
The SBEI shall carefully check the different election forms, documents and supplies and the
quantity actually received. The SBEI shall sign a Certificate of Receipt (A14) in three copies, the
original of which shall be delivered to the City/Municipal Treasurer, who shall transmit the same
to the ERSD, Comelec, Manila, immediately after election day.

SECTION 2. Forms to be Reproduced When Needed. –The following forms may be

reproduced when needed:

1. Temporary Appointment of Chairman/Poll Clerk/Member (Annex “A”)

2. Certificate of Challenge or Protest and Decision of the BEI (Annex “B”);
3. Oath of Voter Challenged for Illegal Acts (Annex “C”); and
4. Oath to identify a challenged Voter (Annex “D”)

RULE 6

PROCEDURES OF VOTING

SECTION 1. Date and Time of Detainee Voting - Voting for all qualified detainee voters shall
take place on the same date as the national and local elections is conducted.

For jails provided with special polling places, the casting of the ballots must be finished
at 3:00 P.M. to have sufficient time to bring the accomplished ballots to detainees’ respective
precincts before the close of voting hours on election day. In case all the expected detainee
voters have voted before 3:00 P.M., the Special Board of Election Inspector (SBEI) shall close
the voting in the special polling places and dispose all election paraphernalia in accordance with
Section 10 of Rule 6.

SECTION 2. Preliminaries to the Voting.

1. Regular Polling Places with Detainee Voters: Before the voting in the regular polling
places, the Chairman of the BEI using the Detainee Voters List as reference shall annotate the
detainee voters’ names in the EDCVL with “Detainee Voter” and shall affix his initial beside the
annotation. The number of detainee voters and the fact that their names were annotated with
“Detainee Voter” shall be entered into the Minutes of Voting.

Upon the arrival of the SBEI Support Staff, the Chairman of the BEI shall count and segregate
the ballots allocated for detainee voters in the presence of the former and thereafter insert the
same in a folder. The BEI shall place the folder inside an envelope carried by the Support Staff
and close the envelope. The BEI shall then seal the envelope using the paper seal (also brought
by the Support Staff of the SBEI). The BEI shall affix their initials on the paper seal and turn it
over to the SBEI support staff.
The BEI shall then enter into the Minutes of Voting the name of the SBEI Support Staff, the
number of ballots received, the serial number of the paper seal of the envelope and the time the
latter picked up the ballots. The BEI shall require the SBEI Support Staff to sign the entry.

Thereafter, the support staff escorted by uniformed PNP/BJMP personnel shall immediately
deliver the ballots to the special poling place.

2. Special Polling Places in Jail: The SBEI and all the support staff of the SBEI who shall
meet at the special polling place in jail at seven o’clock in the morning of election day shall
submit themselves to all the security measures enforced in jails.

The SBEI shall give to the support staff the envelopes (with one (1) paper seal) for each
clustered precinct with detainee voter/s in the voting center where the latter is assigned. Upon
receipt of the envelopes, the Support Staff shall leave the jail escorted by armed PNP and/or
BJMP personnel for the voting center.

The SBEI shall ensure that the special polling place in jail is ready for the voting.

a. The SBEI shall ensure that a table shall be provided on which the envelopes (per
precinct) are placed and in which detainee voters insert their filled-up ballots; and

b. The SBEI shall post the PCVL-DV near or at the door of the polling place.

Upon the arrival of the support staffs, the chairman of the SBEI (in the special polling places in
jail), in the presence of the other members, shall open the same and count the number of
ballots. The time of arrival, name of voting center/s, the number of ballots and serial number of
the paper seal of the envelope received shall be entered into the Minutes of Voting.

SECTION 3. Manner of Obtaining Ballots. The detainee voters shall vote in the order of arrival
of the ballots from the voting centers. The voter shall:

1. Look for his name in the PCVL-DV posted near the door of the voting center and determine
his/her precinct number;

2. Approach the SBEI, give his name and address, together with the other data concerning
his/her person;

3. The SBEI shall verify if the name of the voter is in the Detainee Voters List. If the name of
the EDCVL-DV is in the list, his identity shall then be established through the following:

a. The photograph in the EDCVL-DV or through identification/confirmation by the

BJMP personnel using the official records of the detention center/jails or any
authentic document which may establish his identity except barangay certificate
or community tax certificate;
 b. In the absence of any of the above-mentioned proof of identity, any member of
the SBEI may identify under oath a voter, and such act shall be reflected in the
Minutes of Voting..

c. If the SBEI is satisfied with identity of the detainee voter, the name of the voter
shall be distinctly announced in a tone loud enough to be heard throughout the
polling place. Otherwise, the voter shall be directed to leave the polling place
after informing the detainee voter the reason thereof. If the voter is not
challenged, or having been challenged and the question has been decided in his
favor, the voter shall be allowed to vote.

Such fact shall be duly recorded in the Minutes of Voting.

4. Before giving the ballot to the voter, the chairman of the SBEI shall:

a. Check if any of the fingernails of the voter has already been stained with indelible
ink. If stained, it shall be a conclusive presumption that the voter has already cast
his vote. As such, the voter shall be directed to leave the polling place after
informing him the reason thereof. This fact, including the name and the precinct
of the voter, shall be recorded by the Poll Clerk in the Minutes of Voting;

b. After verifying that no fingernail has been stained, affix his signature in the
EDCVL-DV;

c. Authenticate the ballot by affixing his signature at the designated space at the
front thereof.

The failure to authenticate the ballot shall not invalidate the ballot but shall constitute an election
offense.

d. Instruct the voter on how to accomplish the ballot properly; and

e. Insert the ballot in the secrecy folder in such a manner that its face is covered,
except for the portion where the signature in the ballot appears, and give the
ballot to the detainee voter.

Only the chairman of the SBEI shall issue the official ballots, and not more than one ballot shall
be issued at one time.

SECTION 4. Manner of Voting. - Voting shall be conducted in the following manner:

1. The detainee voter shall accomplish the ballot, using the ballot secrecy folder, in accordance
with the General Instructions for Voting;
2. After accomplishing his ballot, the voter shall then approach the table where the envelope
for his precinct is placed and insert the same into the said envelope;
 3. The SBEI shall apply indelible ink at the base and extending to the cuticle of the right
forefinger nail of the detainee voter, or any other nail if there be no forefinger nail;
4. The voter shall affix his thumb mark on the corresponding space in the EDCVL-DV; and
5. The voter shall then leave the special polling place.

SECTION 5. Challenge Against Illegal Voters - Any voter or watcher may challenge any
person offering to vote for:

1. Not being registered;

2. Using the name of another; or
3. Suffering from any 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. The SBEI shall identify the
detainee voter through his photograph, fingerprint or specimen signatures in the EDCVL-DV. In
the absence of any of the above-mentioned proof of identity, any member of the SBEI may
identify under oath a voter, and such act shall be reflected in the Minutes of Voting.

SECTION 6. Challenge Based on Certain Illegal Acts. - Any watcher may challenge any
detainee voter offering to vote on the ground that the detainee voter:

1. Received or expects to receive, paid, offered or promised to pay, contributed, or promised

to contribute money or anything of value as consideration for his vote or for the vote of another;
or

2. Made or received a promise to influence the giving or withholding of any such vote; or

3. Made a bet or is interested directly or indirectly in a bet that depends upon the results of the
election.

In such case, the challenged detainee voter 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 detainee voter shall be allowed to vote. In case the detainee voter refuses
to take such oath, the challenge shall be sustained and the detainee voter shall not be allowed
to vote.

SECTION 7. Rules to be Observed During the Voting - During the voting, the SBEI shall see
to it that:

1. Detainee voters shall vote in the order of the arrival of the detainee ballots per voting
center;
 2. No watcher shall enter the place reserved for the detainee voters and the SBEI, nor mingle
and talk with the detainee voters;
3. No person carrying any firearm or any other deadly weapon, except those expressly
authorized by this Resolution or by the Commission, shall enter the special polling place; and
4. There shall be no crowding of detainee voters and disorderly behavior inside the special
polling place.

SECTION 8. Prohibition on Voting. – It shall be unlawful for a detainee voter to:

1. Bring the ballot, ballot secrecy folder or marking pen outside the polling place;
2. Speak with anyone other than as herein provided while inside the special polling place;
3. Prepare his ballot without using the ballot secrecy folder or exhibit its contents;
4. Accomplish his ballot accompanied by another, except in the case of an illiterate or
detainee voter with disability/disabilities
5. Erase any printing from the ballot, or put any distinguishing mark on the ballot;
6. Use carbon paper, paraffin paper or other means of making a copy of the contents of the
ballot, or otherwise make use of any scheme to identify his vote, including the use of digital
cameras, cellular phones with camera or similar gadgets; and
7. Intentionally tear or deface the ballot.

SECTION 9. Preparation of Ballots for Detainee Voters who are Illiterate or with
Disabilities - Only detainee voters indicated in the EDCVL-DV as illiterate or with
disability/disabilities shall be allowed to vote as such. Said person may be assisted in the
preparation of his ballot by any person who is a:

1. Relative within fourth civil degree of consanguinity and affinity, if said relative is present in
the jail premises; or

2. Any member of the SBEI.

All assistors must be of voting age.

No person may assist an illiterate or person with disability/disabilities more than three (3) times,
except the members of the SBEI.

In all cases, the poll clerk shall first verify from the illiterate or detainee voter with
disability/disabilities whether he had authorized the assistor to accomplish his ballot.

The assistor shall, in the presence of the illiterate or detainee voter with disability/disabilities,
prepare the ballot using a ballot secrecy folder.
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 reveal the contents thereof, by affixing his signature in
the appropriate space in the Minutes of Voting.

SECTION 10. Sealing of the Envelopes Per Precinct - After all the detainee voters in a
particular precinct have already voted, the chairman in the presence of the other members of
the SBEI shall:

1. Count the unused ballots, if there are any, and record in the Minutes of Voting the quantity
of unused ballots indicating therein the Precinct Number of the ballots;

2. Tear the unused ballots in half lengthwise and insert them in the proper envelope/s
containing the accomplished ballots;

3. Close the envelope/s containing the accomplished ballots and seal with paper seal bearing
the initials of the SBEI;

4. Hand over the sealed envelope/s to the support staff for counting to the voting center/s;
and

5. Record in the Minutes of Voting the time, serial number of the paper seal and such other
necessary information as to the receipt of the support staff of sealed envelope/s containing the
ballots and have it signed by the support staff concerned.

SECTION 11. Disposition of Election Documents - The SBEI shall deliver to the EO the
EDCVL-DV, the PCVL-DV and other election paraphernalia.

SECTION 12. Counting of the Detainee Voters’ Ballots - The SBEI support staff shall
ensure that all ballots of detainee voters reach the regular polling places in the voting centers
where detainees are registered before the close of voting hours on election day.

When the SBEI support staff reaches the regular polling place, the BEI shall enter into the
Minutes of Voting the receipt of the sealed envelope/s. The BEI will open the envelope only
when all the voters in the clustered precincts have finished voting, and, thereafter, the chairman
of the BEI, in the presence of the other members and watchers shall feed the detainee voters’
ballots to the machine for counting. Half of the torn unused ballots shall be inserted in the
envelop (A15) that will be submitted to the EO for safekeeping, half to the other envelop (A15)
that will be deposited inside the ballot box. Said fact shall be entered into the Minutes of Voting.

RULE 7

ESCORTED DETAINEE VOTING

SECTION 1. Escorted Detainee Voters - The following shall avail of the escorted voting:

1. Detainee voters who are residents/ registered voters of municipalities/cities other than the
town/city of detention; and

2. Detainee voters in detention centers/ jails where no special polling places are established.

Provided: that said detainee voters obtained court orders allowing them to vote in the poling
place where they are registered.

Provided further: that it is logistically feasible on the part of the jail/prison administration to
escort the detainee voter to the polling place where he is registered.

Provided, finally: that reasonable measures shall be undertaken by the jail/prison administration
to secure the safety of detainee voters, prevent their escape and ensure public safety.

SECTION 2. Express Lane for Escorted Detainee Voters - Detainee voters voting in their
respective polling places shall be given priority to vote. When they reach their polling places, the
escort together with the voter shall inform the Support Staff/ the BEI that the detainee is voting
as such and the BEI shall place the detainee voters in the priority/express lane.

SECTION 3. Jail/Prison Escorts May Bear Arms - To secure the detainee voter, the jail/prison
escorts may bring firearms inside the polling place. Said escorts and detainees shall
immediately leave the polling place once the latter have finished voting.

RULE 8

MISCELLANEOUS PROVISIONS

SECTION 1. Campaign – Candidates shall be allowed to campaign inside detention centers

during the campaign period provided that they shall be subjected to the existing rules and
regulations of the BJMP and the COMELEC.

SECTION 2. Repealing Clause - Procedures laid out in COMELEC Resolution E.M. No. 09-005
implementing the establishment of special polling places in jails and Comelec Resolution No.
8811 (as amended by Comelec Resolution No. 8859) inconsistent with the rules and regulations
embodied in this Resolution are hereby repealed.
SECTION 3. Effectivity. - This Resolution shall take effect seven (7) days after its publication in
two (2) daily newspapers of general circulation in the Philippines.

SECTION 4. Publication and Dissemination - Let the Education and Information Department,
this Commission, cause the publication of this Resolution in two (2) daily newspapers of general
circulation in the Philippines and furnish copies thereof to all Regional Election Directors,
Provincial Election Supervisors, Election Officers, BJMP, PNP, DILG, CHR, Board of Election
Inspectors and the Special Board of Election Inspectors.

SO ORDERED.

(Sgd.) SIXTO S. BRILLANTES, JR.

Chairman

(Sgd.) RENE V. SARMIENTO ( Sgd.) LUCENITO N. TAGLE

Commissioner Commissioner

(Sgd.) ARMANDO C. VELASCO (Sgd.) ELIAS R. YUSOPH

Commissioner Commissioner

(Sgd.) CHRISTIAN ROBERT S. LIM (Sgd.) AUGUSTO C. LAGMAN

Commissioner Commissioner
 EXCERPT FROM THE MINUTES OF THE REGULAR. EN BANC
MEETING OF THE COMMISSION ON ELECTIONS
HELD ON JANUARY 24. 2A12

Present:
ChaIntan Sixlo S. Bri lirntcs Jr
Co|l]nrissioner lf ene V. Silrntiento
Conrntlssloner LuLrenit0 N Tegle
Comnltssionel Anran(lo C Ve{irscLl
0Lrnlnrissioner Ellns R. YLrsoph
Carmmissloner L-hristr.in Roberl S Li,'n
Conrmissionef ALr0Lrstr) C L.tLllnan
XXX

THE PLACF OF DETENTICN OF DETAINEES AS THEIR

,l TEMPORARY RESIDENCE FOR PURPOSES OF VOTING

Tiris pertains to the Memorandum dated JarrLrary 18. 2012 of Director Esrlerarcta
Ailriria Laclra, Law Departrrrent, relativrr kr tlre place o{ der.errtiol of cletai6ees as tlteif
tenrporafy resrclence for purposes of votinq.
The l\4en-rorandunt of Coilnrissioner Sarnrienio reacls:

':Respectft)lly farwardetl lo lhe Colrrn/s-s/ol E/l Banc r-s lhe

lv,lentoranclum of Atty. Esrner alda Arnora_Laclra. Di ector lV, Law
Dep€trtntent dated Ja,,ary 1B, 2012 wffh s,b7ec|Detai,ees placi ttf
Delerrlion as fheri Tentporary Residence for pulposes of Volinq. '

said Mentorandunt was presenterr by Dir. Lailra to rhe cor]rrrttee

o, De[ainee
,V^ottng cornposecl of fhe uttlersig,ec!, Atty. Bartolan\e
5_t.nocntz, Jr. (Deputy.. E r ecrrli ve Dircctot fr; Operallons), Atty. TeoStislo
F/r,as, Jr-. ( Director.rv, Erectio, ar.td Baratrylay Affairs Deparinentl.' irit
r *o1rr eserrahves of conrnris-sior?ers'
offices .Aftet a thoroLi-qh drsi;tis-sron
llte Mentorandunt was Llnaninoos/y approved lty tt: t:;otnriiflee Aftacltecr
rs i/te itboye-/?te ntione ri fule ntoran d u n"t

Ftt yaur Honors conside/?fiolt. "

The l\lenror andunr of Director Anrora-Ladra staie-s.
'14.s /oirg a.s popr//ar gave jtlten[ is arr e|c/ lo he aahleved il]rJ
ntay Lte lhe nlftiariiy end fotnt,rerri.ej, nir,.st
-s":/eg/{/irr./e./,. suffrage, wrtarever
rro/trll/e io be rc neans by vr|tich ihc a/e.il re-sel voll of power /nusl /le
e]npte(l tto lhe receptacLtlat r!/eltcies wougttl by lha peo/-)7e I(._uglj Lher
{-;or-sllll/lion in lhc |liete.l ol qooct govetnrt,eni ar,"d ihe corilritoir r,vea/
Repi/b/rca/tisrn, ln so f.ri .rs tt un1:lrcs llie .doStftct:t o/ a ritpresental/ve type at'
qa'r'et,tnenl, necessatily portf_s il l/re enfrancl..isec! iitizen as a particle
popular sovereignty atrl as lhe Ltiti,.rb .sorrrcc. o/ lhe i:slab/r-sheJ arrt/r.r'i1i,of
i i9 /ta.s e yoi._. il iris Govet n atcl t,rherEvet citllecl t t1t.tt lt.) ilcl it1
,iirsrli.ll)/e ca.se.s, llr !/lye rl e[Iicacy'e,1
at](l j.rot b stifle i
. t,,: I, t. , ,r p L.rr,,rt

Uncier our Constlfurflon. tlrc phililil,tnes r:: a denlocfallc :irtl

teDublican .Slate. Sovefelgnly resk/es ut the [.,sstrl1s ar]Cl all govet nnF,nt
autttority e r]ranales front thern. Betng tn a cleinocrairt: seltinq, lire axerc/se
of tlrc rigttt lo yole ls a way by wlticlt the sor,e/ell/) witt oi te l.)eopJe js
e.xlrr-'ssed. Aieed/ess io say, ir lile ,rle/esl of tttaintainirtl a hialthy
repul)licait system, lhose who are clLtalifiecli.r vofe /ri/sr be er rfr-an chi seid. '
Tlte fundant'nta! pri-nciple af sttffrage carstsis of lwo thjfigs;
first-tl.raf every man entitled to vote nay ii.fe,. second, Ihat /ris r.,ife
J.r'rdy be senf foruvard and coL,lted anrJ s<; lre .I?ay erercise .,lrls parl
of
s'rve]?igril.r" in comman with his feilnw-sitizen. B.)i!.tr itt a repiirr,i;,;;,
:s(.rfrlelJ,' iile er I t.aDihi.sente/t f of ir// lrerspr;s !{r,ilL- a?r.q rrria/riieri ip yr.ife 1;r,J;;
fj.re iirvv, titDLiglt avet\,vrtelntit tgly ;itffr'.:rtlt t::.:r /eir.soi lal)/d qoal/ l//iii alr1-
lli,'irii/r/li-- ti t/ /-sl el talea r{t/ lo achre ye.

",.i'
 lttts, ottr Conslittrtion arrtl lltr: dlecfitJn /aurs cnstrre tlrat sufitaqe
,firr., bi: cxeroisecl Lty a!l those urylto are nr-,1 tlisclttttli{tL:d LtJ lttw,
ln l/rls regard. there are cerfai,t secfor,s lil orrr soclely whose
tne tltbers, tltotrgh qttalified, are effectivety cleprrved of tlrcir rglit to casl
tilel/-r./otes. Anong these persons are ihe pr lsoirer s urrde r detention.
Recently, ln the /ast May 2010 frrst ever auior?laled Syrtchronizecl
National atd Local Electrons. a sysierll has evolved enablitlg tlrc
rielarnee-c to particrpate in the electiotrs. For purposes of voting,
however, the said delainees were not allawed tc register or transfer
their voter's registration rec,ord to flie piace where they were
incarcerated. ,Although qualified to yofe, many. af them were
effectively disenfranchised simply bec.tuse they were cletained or
confined in a government institution in accardance with law. tJnless
d.omiciled in the locality where they were being held under deterltion,
lfie detarnees were not allowed to regisfer and vote in their place of
confinement.
ll appears thal this particular obsiacle sfeins fi oni lhe strict
interpretation of the meanina of 'resiclence' as 'tlontlcr/e ' for election
prilposes as laid clowti by the Suprente CaLtrt rri fi ie case of Rornualdez-
fu1;rrcos y-s. Commlsslon o/l F/ecllo/ls a/?ry olhel cases. Ihtls, il was
explainetl, tn Aqurno v. COMELEC -
' . The place where a party actualty or corrsft-lcllve/y /ras hl,r-
perntanent home, where he, no ntatter where he ntav be founcl at
any given tinte, eventually tntencls to return anrl rerirarn, Le.. his
domictb, ls lhal fo whiclt the Constitution refers wlrcn ll spealis
of resldence far the purposes of electiotj !aw. The matnifest
purpose of this deviation from the usual {onceptions of
residency in law as explained in Galtego vs. Vera ls to exc/ude
sfrangers or newcomers unfamiliarwith the conditions and
needs of the community, f rotn taking advantage of favorable
crrcumstances existittg that community foi elecbra! gain.
-in
While there is nothing wrong witi te practic6 of
establishing residence in a givei area for nreefing e/ection
law requiremenls, fhis nonetheless defeats lhe essence of
representatian, which is fo p/ace through the asserrt of
yolers fhose most cognizanf and sensjtjve fo lhe needs ofa
particular district, if ,a candidate fa s short of the period of
residency mandated by law for him to qualify. Ihal plipose
cottld be obviously best met by individuals who have either
hacl actual residence in the area fot a given period or who
have been damiciled jn the same are, iithe, by orjgin or by
ct)otce
ThoLrgh i/rese cases deal witl-t / e.slde/tce, as synonyntoLrs to
.
'don ticile-
for pur,ooses of run,ng ;ts a canckJate, as i! rnay ier,,r" tii
sarle effecllve/y p/ever]ls lhe c/elalnees froin rrslrrg the piace 'of cletention
or confinenent as thetr leny:orary acll;ri re-slle,rnce for prr4tr_rses of
exerclsing their right to vote.
/Ver,,edhe/ess, "domicile'as deflned by jurisp,.Ltdence is fhe
'p.erntanent,home', a place where one intentli tb return ta whenever
absent for business ar pleasure, jt depends and circttmstances. fhat
disclase intent. 'Residence', an the ather hand, is the factual
re.lationship to a specific place; physiea/ presence of a person in i
gtven area, community or country.'
.. Bea nq ttle fbregoiDg jn tninc!, we sltalt novr {ake at ctosef iook al
ltt€ t)et IulenI /aws a/]d ni /es h order to o/ve effecl tt the constitrttron,tlly-
r'/J\h/rre(/ ,tgltl to tOrc hv lltx rlele ]ltoi, , rrlsdlrc/\ a.: Wc a//\,..-ii rr e l/;p
I o I t
aw I | 1q co/ls/del allons

r1) Tltere rs, re ally no leg.1l irnperlime nt nt i)llowiDg delenllo/l

prlsolers to reqister ani:J vote a-s resldenls tn tlte placi whet,e llte)/
are held lrr crrstociy;
,
'-,t.
',,r. I1.1 r.)lli I ir'1,1

(2) ln case of clouttt, electjon /;lws ,sha// be hberallv constnted itr f;:vor
of the right to vote; ancl
(3) Allowing defarnees ao regislei and vole as residenfs ancl in {)ffect.
particlpate ln the affairs in tlte lacal Lloven)metjt woLticl help
alleviate fhe dist/essfr/ and inltLtrt'i.tne cr:titditiorts rtevailinu in
PIt.ItDt'titte rri i sotr lacllllles.
fhere is no legal impediment for allowing
deterttion prisoners Io regrsfer and vate
as residents in their place of detentiotr.

Seolion 9 ef R.A. Bl Bg allctws the place of cotjfit:,etnenl ar detet) o])

irl bc trsed es temporary resldeirce fof ptrpcs€lii of / egl,sl/?ltolt a/tc/
vol/rg Qti olli rg the saicl ptrovtston.
'Secfion g. Who ntay Regisfer'. All t-.rtizens of ihe phlllppirres
ti(rl otherwise dtsqLtalified by law wlrct are at least eigltteen (lB)
years of age , and who shall have resldeo in the phrltrtpines for at
/easf one (1) year, ancl in tlrc place wherern fhe!, pr.ttlo.se fo yole,
for ;:l /easi s/x f6l nronths intnterjtalelt, precet/rrrg the eiection.
h'ti1y regtster as a voter_
'Any person wha temporarily resides in another citv.
ntun-icipality ar coLtntry solely by re*son of his occrrpation,
profession, employment in private or public service,
educational activities, work in the military or naval
reseryatlons within the Philippines, service in the Anned
Forc_e-s of the Philippines, the A/afiona/ polrce Forces, or
confitrement or detention in governmenl institutions in
accordance w
original residence.
XXX -(XX X X X.
i l.rtt[titti'r' tttl t]0.lrr \. \ it)t \ i)i)!it.l)
As c;rir be rettdily seen fr ont the alror,,e-qrroled prcylsiol, lhose w/ro
tenporarily reslde ln atnotller locttlity rty reasorr of r.ccttpatitut, lrrofes-siorr,
etnplo.Vnent, educatton, or work in phjlippjne ltrlttaty or nava!
iese/yallors, or tlrc Arnerl Force:;. tlo rrttl /cse itteir onqtnalre sldet rce. tror
jrpl:rse.s of votit'tg, however. said cia-sses of pel sorrs
l_)L
are allowed to
tegister ?tnd vote in t.he place wrtde ttei- tentpotarily resicle. lt unrcuicJ,
iltercfare. [:e the heigltt of injustice and vroiativel of the rLrle rsn equity ancl
lrr.stlce r/ fhose who are under 'canftnentent or (fek:nlrctn tn govenlntent
,r'sllfr/ilolrs in accordance with law'wilt be exclurlecl frcnt te t tlle tal stch
tenporary iesicience can be. u-qer/ lor plrpcses oi regr.sfralion anrl vofrng.
salri c/asses of people sha// be acooi ded l/re sanre h eati nent, fctr wltel':e
lircfe is lhe sa/??e reasor, lhere rs lire sarre law ( 'Ubi eadenr esl ratio, il:i
es/ eaderr legls dlsproslflo'.). And the conslrL!clkn ctf the law shail loi be
,:rf /cf as tD work tnjLrry or injustice (' Legrs c.r/rsl,.|ctlo;r
rtc:n facit rDjttriant ).
Thls theory fincls sL/pport itI llle case of Alc[tntara rs. Secreliar-y of
lt)ieror, et. al. Altltougl't fhe said c--ase c/oes nctt cleal willt cleretiti<tn
/r/ i.5'orers trrer se, lhe pnnciple hehrtd /f-s pJ o/tol//jc-5,.??e| t rnay tte appliecl
io lhent when it held:
'Tl]ete are a [arge nutnber of people coniinetl in t!1e C,ulian
Le;tet Colony. Tltey ate noi pei ?)]/tea/ io retLtn) td iher. for/|e/
/ro/ires lo vote. They are rtctt allowed to vi.:^ll ihe fornrer /rorrres
even thottgh they have be€il separaled ftotl-1 11s;J,, ar:el cleat
tel.,tttLtes ,vlto are t)Dt afflic[ed as lJ]eV ar!]. Why sytlil hai.s ovet lh(j
ttP.1r't0 at tpntdctl.e lv vq1:'t- .,l,r,l'OS,.S lrr"r*, .,rr.ti
Assunring that the petrtioners intend to retttrn
cir-curlrslances ?
to their former homes if af some futrrre trlne they are curerl,
this intention does not necessari/y rtefeat their resicJence
before tltey actually do return if they ltave been residents 'of
the Philippine Islands for one year arld of the ntunicipality in
which they offer to vote for six ntonths next precerling the
day of voting.' Srrre/y a mere intention to return n iniii
 fornter homes, a consuntntation every humane person
desires for thern, not realized and whiclt rnav never be
realized should not prevent thent, unrler the clri unrstarrces,
flom acquiring a residence foy r-.otirrg prrrposes.'
( U ncl er scori ng srppl ied)

Perfttnctorily, tt can be conclLrded tltai evefi as early a:; 1935. aitr

Hr>norahle Si/pielne CoLtri already recognized fhe peop/e s nEr ltt to vate
lhe place where they are betng held under canflnenrcnt or detention.
/ri t/re case of Macalintal ys. Con;nrislol orr E/ecllons, the rnean)ng
of lesidence.' as provicled for by tlrc Corrsflfrrtlo, was c/arified rir ti rri
Wr 5e
ln other words, 'residence' in this provision refers to twlo
resrrJence qualifications: 'residence' in the philippines and
'resldence in the place he will vote. As far as iesrdence irr rhe
Pltilippines is concented, the word 'residence, nteans
dcmicile, but as for residence in the place where he will
actually c€,qt f?/s ballot, tlre nteaning -ceeJns lo be different. He
could have a domicile sonlewhele else and yet he is a
residenl of a place for.six months and he js allowecl to vote
there. x x x' fEnrplrasls sultplied)
l-tte incltrsto, of the residency rcqutiement in ttte constittrtio/r Ls /)or
w/lhofil reaso/r. lt consfllriles an invalLtable protection against fraLtd antt
fLtrther affords son?e surefy that the e/ecfor ha-s in fact ueconrc a nenlei,
Df tlrc contmuuity and r/rat. as -srrch, he ira,s a ,;onlrron itlter est in tlll
rrallers pertaining to. its governnte,t, a,d rs ttterefore ntore ltk-^ly to
e xer cise hrs rrght intelligentl, .

U'eri.iy, cantinLlously clisallowing lhe lr./soiiers f]l.ont /eglsle/.i,g as

voters in the [)lace wherc they ere detait)ed woultr not ser vr ?re sp.,iiit of
tlie la\ry,.bLtt. n'tay even ca,-se diseirfranchi.sei.,enl ii,iorrg fho.se *-i,n are
! )tDtttllv',lepived,)t llFh vole
\A"

Liheral interpretation af electjon !aws

in favor of the right to vote

.Be" that as it may, ln case of doub{ election laws shall be

Iiherally interpreted in favor ofthe right fa vote.
'Benrgnrrs leges interprelandae sriitl, quod v,olut,ttas eraunt
L:onservotLr (Laws eue lo be coir-slnre tl liberally, .so lhat thelr- spiil arrc/
reirso/l be preserved).

. Ihc pi-ovision-s of election lavts whiclt are deslgrrecr lo

ceteftntnellte will of the electorate througl't lire /a,igiiage ctf rc ltallat
shoLrld be given effect- courts frown upon any inter"preation thar rrroLtlcJ
I.tiDCler, itt any way the spirit artd true rrttent of the law. F-ltlctian /a i4/s s/)o(//d
be reasonably and liberally canstrued lo ac/rler.,e ri?e//. pr/rpose_lo
effeofurale a,cl safeguartl the will of lhe e/ecl.)rale i[] the cltoice af their
represerfailves.
Crtnsetluently, i/te re.sjdeitc€ cluztliiicaiion itf the detainees /)lrst be
inlerpreted rn iav<:r of allowirgl their regtstrattctn as rc,slrjerts in reir piace
i,f deiention, provided they n'teet the -six (61-nron th requirettrcnl, therelty
qiving thent /icense lo pafticipaie irt rL,u'tin,.1 tite alfai s of !he t>ontnttiniilv
whete they are tenparanly resr,ltnq.
The resldence rcquirenrcnl {lf six r}ronfhs t!t llte place wltere te
vr.ier p/Dposes to vote refers to eithet lhe yoler s tlorrucile or to ltis
lemparar.v reslc/ence. A voter who is clornictrecr i, it particurar tocarity ttLrt
lras /.e.slde.i fot' six ntonl/rs rn another locality rnay reglsler a/]d vote ln
etther lonlity, itt.tt t'tot in botlt. Io rrrslsl tltat t.)nlv llio.se who c,-an
{l,ento,rshatL- actLlal F)ltysi{}atl [esdettcc in tlt,: 6,c11tjtty fo't.one year,. ctr only
airose wlro have contplied with fl]e rnore difficLilt lo i.rntlersfaid concepf of
donticile- -woL!ld be entitled to vate woLtttl Ise tct cling adarnan y ar-tc!
Ltnreasonably to a ljteral interpretatron of t\i: Ct>rt:;iitutior; wi toul iegarcl
fat ils ntore lrberating sytirrt or rationale.
t, ii
r, 1i\t.t lrlrl

lmproving the harrawing conditians

r:f Philippine jail facilities

Giving tlte opporttrnity for li rese r/elalrrees wtll have a tterv bicl
lntpacl an t|l -^ way the iocal governnrcnt units are treattn0 tttetn a,l,l tl,e
r,-orrdltlatr of our prrsotr facilities Allowing the deta rces to tleL-onte
rersldenls cf the place where they ate detainecl would rnake thent eligiltle
Itl vote lu ll/rposes of choosing lor:al eleclive poslllo/ts lil ti?af sante
lot:ality. As: co/lsec/r/e/)Ge , the local governinent offlcr.e/-s w/ro rrsed lo be
deaf to the p/eas for a ntore hun'tane treai:lent la oLtr poor cauntntmen
behind bars would begtn listenit:g to lherr cries for redress ancl for a bettet
lrlsor corrditiorr as fhe priso|er'.s woLtld naw be eitpctwerecl [o qtve LtJ]io
tt:
'sr' ,-,.tttrlidales //telr rnnt.l! CovClpcl poS/j (y 1l [t,y rgr'lsL11g11."p:tl tl:ent
i:ack to power. Ihls nreaslre woulci effectiveiy addre,ss ti re /o/ro-slarrd//tg
prrrbienrs af out coffectiall sy.sle/n particLtlarly ll]e use of -srrbs landarrj ari!
/nadeqr/ale penal facilities operattng u der ::Ltltlttrnairc r;oirr/lllon.s.
Final statements and recon,trcndatiotl

TLte target of th-^ Cotnmittee on Delaiiree Votinq is for the

isentent of all those qualifterl defalrrees anct r.nn:;crtuenlly
ertfran ch
inr;fease rc tttrnaLtt of reglsiratrl.s atfi voters
Vox Populi, vox dei! The voice af the people js flre yolce of God!

ll is worthj/ to mention ihaf deLJl/rees fr.-trtit patt of te cantnunity

wlrcrein they are being incarcetatecl. By that very fact alone. cletertioit
prisoirers sltould nol be denied tlrc o1.tl.tctr-tt tnily to pafticiLtate jn the
l)/ ocess of nolding the public affairs of te conrnunitv in wlticlt [hett
aciLrally belong, albeit tentporartly After al!, oLr qo\/enlntent ls.i/so 1/7ci.
qc)\ternrnent. For this reason, their vojces must aiso be heard bv
allowing them .to qxpiess their chaice of elective officials throttgh tltL
language of the ballot as nrenrbers of the locality where thiy are
being held in custorly.
Iir-o errfi'a'rchi s e ne,t af qLlalified co/]sllh/.r/?ts woulcl leacl to a,
/irc|earse in tlle lunl)ul of vofers. l ltis would be a desriab/e clevelaprnent
as /l /s a rranlfestatlori of canf icJence in our electoral syslerrr Mnr eovcr a
nryltet vater turnout would a/so nr;:ke the resr//ls of the erectiort to t'ltote
accLtrately teflect the choice of tlte electorate. lt cannot be cleniecl lhat fnr
every \/ote that the detalrrees lo.se, Ihe C.ri// )fuy illso /oses a potential
t:ti:pottLtnity ro reshape its future as deleiinlirec/ by te sovereign will.
Sirrce llre essence of a democratic goveftune]ft deperrti-s tteavily o, tlte
tutil ctf te electorate The clualified prlsolefs rnrist be enfrattc'hisecl bv
allowing tllem to r-.gtster and vate as iesrr/eiils rrt rletentiort.
We nust all realize tltat detenticut prisonerc,aie rrol /ess of a citizen
sinrp/)' becalse they are rleialnec/. No nraller hou,rz reslr-lcreci anc! cantrollecl
thilit inn)ediate eDviranntent ntay b-.., lhe1., 1i7i1"1 be alioweci to have att
influence i, tite sooety itJ \Mhjch tey live Tf.tis njay be clone by
eri h'arrr:hisittq those avhct are qualiftec!. we ntusl never forget fy'ral er".eir
iirc-se who are cletarned, tltouglt generitlly regarderl as lrre s-"oclely s b/.rck
-sreep, has lhe power to effect cirarrges tat woLtld tak_^ -teir respei;hver
con'lDLl ttes to gt eater heiglrls /l is throLtgl-t teir ballols that te pr:ople,
a/efa/nee n^ tncluded, brealhe life to tlte .sltirit of clentoct acy antl qive
n]-Aant)g lo t/re essellce of rept tttlicanisnt.

** _ - 1,] lhe lir.tht nf ti e. foi e tTol/lcr, il [ /][)sf / e,5./]dcttr/ily

*ECAMME.NDFf,i li r;il clLialif ierl clc:len,on pr lsorrt:i s bc Ai-i-OLVFD fO
/?L-G/Sr|*fi ANf) yOfE AS RfS/DEt{fS /ir i/rrr pirt!{) r,l,hr_./Lr ilret, .tiri
:-1..1 t,"t !

t'- L.t t Yt t t tr l 1o t t o r'.-s i o it s i d e ra ! i o ri Itir,l s€r.

 ccnsiclering the fin,.lings of the Larv Deparinrent to be in orcler arrrj i.
accorLlarce with iaw, the Commissicin RESOLVED, as it lrereby RFSOLVES, .to
:?ppirrVe ihe foreqciirg ;-eccrri nrendal j. n of Dj|t'ctor EsnrerakJa Anrora-i-adra, sa. .l
',-letr:rr|-rr.::nt, th.rt qualified detention prisoners lte :tllawed to tegisler ;rnci rrote as
icsjd-"nts in ilre piace where they are detained

Let the Commjttee o Detainee Votinq in-iplemerrt tlris Resolution.

So oRDERED. t
/t *k,"-]-<* s'-4i
I
-
A/Vv''
stxTo s. BRTLLANTES(JR
//
{ Chairnra n -
LLNCENITO

ARMANDO VELASCO
Clo ninr rssio n er

J'I
LI
RISTIAN R ATJGLJSTO
Co nrrn is Cotlrr

Il,ar Clra |l :r r

Al Lloirri s5ioIer:
l '. , .r f L( or
lre !eu','t t.".u,,u" t-)it-.ctbi fc OpErirtions
Tlre firpul\' ExecL,hve Drf--.lol for A,l n insri]| o|
I l1e L, r', Deperlnre|i
I rr. i-orrjIr ttec,,f Deteinec VotLng

' {r'!
l'