Republic of the Philippines
COMMISSION ON ELECTION
Manila
GENERAL INSTRUCTIONS MELO, Jose A. R. Chairman
GOVERNING THE SARMIENTO, Rene V. Commissioner
CONSOLIDATION, FERRER, Nicodemo T. Commissioner
TRANSMISSION, AND MACARAMBON, Moslemen T. Commissioner
CANVASSING OF VOTES IN LEONIDA, Leonardo L. Commissioner
CONNECTION WITH THE TAGLE, Lucenito N. Commissioner
AUGUST 11, 2008
ELECTIONS IN THE
AUTONOMOUS REGION IN
MUSLIM MINDANAO
(ARMM).
x - - - - - - - - - - - - - - - - -x
Promulgated:
8500
RESOLUTION NO. ______
The Commission on Elections, by virtue of the powers vested in it by the
Constitution of the Republic of the Philippines, the Omnibus Election Code, Republic Act
No. 9369 and other election laws, RESOLVED to promulgate, as it hereby RESOLVES
to promulgate, the following General Instructions Governing the Consolidation,
Transmission, and Canvassing of Votes in Connection with the August 11, 2008
Elections in the Autonomous Region in Muslim Mindanao (ARMM).
ARTICLE I
COMMON PROVISIONS
SECTION 1. Board of Canvassers; composition; substitution - There shall
be a Regional Board of Canvassers (RBOC) in the Autonomous Region in Muslim
Mindanao (ARMM) and a Provincial Board of Canvassers (PBOC) in each of the six (6)
provinces comprising said region to canvass the results of the August 11, 2008 ARMM
Elections.
The Regional Board of Canvassers shall be composed of:
a. The Regional Election Director of the ARMM, as Chairman;
b. A Representative of equivalent rank from the Department of Justice, as
Vice-Chairman; and
c. A Representative of equivalent rank from the Department of Education, as
Member-Secretary.
In case of non-availability, absence or disqualification due to relationship or
incapacity for any cause of the chairman and/or members of the regional board of
canvassers, the Commission shall appoint a ranking lawyer of the Commission and
other representatives from the corresponding agencies of the Government, as
substitute chairman and members, respectively.
The Provincial Board of Canvassers shall be composed of the:
a. Provincial Election Supervisor of the province concerned or a ranking lawyer
of the Commission, as Chairman;
b. Provincial Prosecutor, as Vice-Chairman; and
c. Division Superintendent of Schools, as Member-Secretary.
In case of non-availability, absence or disqualification due to relationship or
incapacity for any cause of the chairman and/or members of the provincial board of
canvassers, the Commissioner-In-Charge, subject to the confirmation of the
Commission en banc, shall appoint a ranking lawyer of the Commission and other
representatives from the corresponding agencies of the Government, as substitute
chairman and members, respectively.
SEC. 2. Supervision and control over the board of canvassers. - The
Commission shall have direct supervision and control over the Regional and the
Provincial Boards of Canvassers and may relieve for cause the chairman or any member
thereof and substitute him with another.
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SEC. 3. Relationship with candidates and other members. - The chairmen
and the members of the boards of canvassers shall not be related within the fourth civil
degree of consanguinity or affinity to any of the candidates whose votes will be
canvassed by said boards, or to any member of the same board.
SEC. 4. Prohibition against leaving official station. – During the period
beginning election day until the proclamation of the winning candidates, no member or
substitute member of the different boards of canvassers shall be transferred, assigned
or detailed outside of his official station, nor shall he leave said station without prior
authority of the Commission.
SEC. 5. Absence of a regular member of the board. – In case of absence of
a regular member, the members present shall first verify whether or not a notice stating
the date, time and place of canvassing has been duly served on the absent regular
member.
If notice has been sent, the reason/s for such absence shall be known. If the
reason/s for the absence appears to be unjustified as to show the intention of
obstructing the performance of the duties of the board, the members of the board
present may order the arrest of the absent regular member. In any case, the absent
member shall be substituted in accordance with Section 1 hereof.
In the absence however of such notice, one shall be immediately served on the
absent member of the board. If the latter cannot be located or his whereabouts are
unknown, he shall then be substituted. As soon as the absent member appears, the
substitute member shall relinquish his seat to the regular member of the board, except
when the reason/s for his absence is unjustified.
These facts shall be recorded in the Minutes of Canvass of the board.
SEC. 6. Incapacity of a regular member of the board. – In case of sickness
or injury of the regular member of the board, the Commissioner-In-Charge shall,
subject to confirmation by the Commission en banc, appoint a substitute but only upon
submission of a medical certificate subscribed and sworn to by the medical officer
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issuing the same attesting to the incapacity of said regular board member. These facts
shall be recorded in the Minutes of Canvass of the board.
SEC. 7. Notice of convening of the board. – The chairmen of the boards of
canvassers shall, not later than August 6, 2008, notify in writing, the members of the
boards and each candidate and local heads of the registered political parties or coalition
of political parties fielding candidates, of the date, time and place of the convening of
the board. The canvassing of the provincial board of canvassers shall be held in the
Session Hall of the Sangguniang Panlalawigan of the province where it sits, or in any
other place designated by the Commission. The canvassing of the regional board of
canvassers shall be at the Session Hall of the Comelec Main Office, 8th Floor, Palacio del
Gobernador, Intramuros, Manila, or in any other place designated by the Commission.
Similar notices shall also be sent to the citizens' arm of the Commission.
The notice to be issued by the provincial board of canvassers shall contain the
different working groups of the board of canvassers (i.e., Reception and Custody
Groups and Sub-canvassing Groups) that will be created so that the candidates may
designate their watchers in each group.
Notice of the date, time and place of the canvass shall also be posted in the
bulletin board of the Session Hall of the Sangguniang Panlalawigan of the province and
in other conspicuous places in the building where the canvass will be held.
SEC. 8. Time and date of convening. – The regional board of canvassers and
the provincial boards of canvassers shall convene not later than 11:00 o’clock in the
morning of August 11, 2008.
SEC. 9. Proceedings of the boards of canvassers. – The board of canvassers
shall have full authority to keep order within the canvassing room or hall and its
premises, and shall enforce obedience to its lawful orders. If any person shall refuse to
obey any lawful order of the board or shall conduct himself in such a disorderly manner
as to disturb or interrupt its proceedings, the board may order any peace officer to take
such person into custody until the adjournment of its meeting.
The proceedings of the board of canvassers shall be open and public.
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SEC. 10. Quorum. - A majority of the members of the board shall constitute a
quorum for the transaction of business and a majority vote of all the members thereof
shall be necessary to render a decision. In case there are only two members present,
they shall act jointly.
SEC. 11. Watchers. – Each candidate, registered political party or coalition of
political parties fielding candidates, as well as the citizens' arm of the Commission, if
any, shall be entitled to two (2) watchers who shall serve alternately.
Civic, religious, professional, business, service, youth and other similar
organizations in the ARMM shall, with prior authority from the Commission, be entitled
collectively to appoint two (2) watchers to serve alternately during the canvass
proceedings.
Watchers shall have the following rights:
a. To be present at and take note of all the proceedings of the board; and
b. To file objection to any irregularities noted in the proceedings of the board.
SEC. 12. Persons not allowed inside the canvassing room. – During the
canvassing, it is unlawful for any of the following to enter the room where the
canvassing is being held or to stay within a radius of fifty (50) meters from such room;
a. Officer or member of the Armed Forces of the Philippines;
b. Officer or member of the Philippine National Police;
c. Peace officer or any person belonging to an extra-legal police agency,
special forces, reaction forces, strike forces or CAFGUs;
d. Barangay tanod or any member of barangay self-defense units;
e. Member of the security or police organizations of government agencies,
commissions, councils, bureaus, offices, instrumentalities, or government-
owned or controlled corporations or their subsidiaries;
f. Member of a privately-operated security, investigative, protective or
intelligence agency performing identical or similar functions; or
g. Person under the influence of intoxicating liquor or prohibited drugs.
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However, whenever necessary, the board of canvassers, by a majority vote, may
order in writing the detail of policemen or peace officers for their protection or for the
protection of the election documents, paraphernalia, and machines, or for the
maintenance of peace and order. In such case, said policemen or peace officers shall
be in proper uniform and stay outside the room at a distance near enough to be easily
called by the board of canvassers at any time.
SEC. 13. Safekeeping of printed election returns/certificates of canvass
(COCs). – The board of canvassers shall place the printed election returns/Certificates
of Canvass (COCs) in ballot boxes each of which shall be secured with three padlocks
and a self-locking serially numbered fixed length seal. The chairman and the two
members of the board shall each keep a key to one of the three padlocks. The serial
number of every self-locking serially numbered fixed length seal used by the board shall
be entered in the Minutes of Canvass.
The ballot boxes containing the election returns/COCs, properly locked and
sealed as required in the preceding paragraph, shall be kept in a safe and secured
place/room before, during and after the canvass so that no ballot box may be taken out
from, or deposited in, the room without their presence. The watchers shall have the
right to guard the room.
SEC. 14. Pre-proclamation cases. – No pre-proclamation cases shall be
allowed on matters relating to the preparation, transmission, receipt and custody of
election returns or the certificates of canvass, as the case may be.
Questions affecting the composition or proceedings of the board of canvassers
may be initiated in the board or directly with the Commission. If filed with the board, its
decision may be appealed to the Commission within three (3) days from issuance
thereof. However, if commenced directly with the Commission, the verified petition shall
be filed immediately when the board begins to act illegally, or at the time of the
appointment of the member of the board whose capacity to sit as such is objected to.
SEC. 15. Submission of the minutes of canvass of the board. – Within five
(5) days from termination of canvass, the members-secretaries of the boards of
canvassers shall submit to the Law Department of the Commission in Manila by
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registered mail a certified copy of the Minutes of Canvass of the proceedings of the
board and shall notify by telegram said department of the date and the manner of
transmittal of the Minutes of Canvass.
ARTICLE II
PROVINCIAL BOARD OF CANVASSERS
SEC. 16. Powers and functions of the Provincial Board of Canvassers. –
The Provincial Board of Canvassers of Basilan (excluding Isabela City), Lanao del Sur,
Maguindanao, Shariff Kabunsuan (excluding Cotabato City), Sulu and Tawi-Tawi, shall:
a. Canvass/consolidate the electronically transmitted municipal/city results in
their respective provinces;
b. Generate the Provincial Certificate of Canvass of Vote for Regional Governor
and Regional Vice-Governor;
c. Electronically transmit the provincial consolidated results to the regional
board of canvassers;
d. Print the Provincial Certificates of Canvass of Votes and Statement of Votes
By City/Municipality for Regional Governor and Regional Vice-Governor;
e. Generate and print the Statement of Votes By City/Municipality, and
Certificates of Canvass and Proclamation, and proclaim as elected, the
candidates for members of the Regional Legislative Assembly who obtained
the three (3) highest number of votes in each legislative district; and
f. Perform such other functions as may be directed by the Commission.
SEC. 17. Support groups; composition; functions.- To assist the provincial
board of canvassers in the canvass, the Chairmen of the provincial board of canvassers
are hereby authorized to create the following groups to be headed by a representative
of the Commission:
a. Sub-canvassing/consolidation Group; and
b. Reception and Custody Group.
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The names of the members of all support groups shall be indicated in the
Minutes of the Canvass.
Sub-canvassing/consolidation Group
There shall be several cities/municipalities assigned to each sub-
canvassing/consolidation group that may be located in several places designated by the
Commission. Each sub-canvassing/consolidation group shall have consolidation
machines as there are cities/municipalities assigned to each group. The machine shall
receive and consolidate the electronically transmitted precinct results from the different
polling places/precincts in its city/municipality.
Each sub-canvassing group shall have a reception and custody unit who shall
receive from the election officers the USB memory sticks, including the consolidated
memory stick (for EVM) and the CD-R (for ACM).
Reception and Custody Group
There shall be one (1) Reception and Custody Group per province. It shall be
responsible for the reception and custody of the ballot boxes containing the election
returns intended for the provincial boards of canvassers, the printed Certificates of
Canvass of Votes, Statement of Votes by Precinct, and the USB Key used to back-up the
city/municipal consolidated results from the election officers.
SEC. 18. Procedure for the sub-canvassing groups. –
a. At 11:00 o’clock in the morning of election day, the Information Technology
Department (ITD) representatives shall act as consolidation machine operators and
perform the following:
1. Turn on all consolidation machines;
2. Initialize the principal server; and
3. Generate a Zero Report for each position from every consolidation
machines.
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b. Upon arrival at the consolidation/counting center, the Election Officer for
each city/municipality, using his assigned consolidation machine, shall:
1. Receive the electronically transmitted precinct results;
2. Monitor the transmission of precinct results from the polling centers or
counting centers. Color-coded icons are displayed beside the barangay,
polling center, and precinct to indicate the status of transmission: Red
button means that there is no transmission of precinct results yet; yellow
button means that transmission is on-going; green means precinct results
have been transmitted. In the latter case, check the results per precinct
to determine whether the complete results have been transmitted;
3. After determining that the untransmitted precinct results can no longer be
electronically transmitted:
3.1 For EVM – retrieve from the reception and custody unit the
memory stick/s pertaining to the affected precinct/s, and insert
them, one at a time, for purposes of extracting the precinct results
to the Contingency Transmission Station (CTS) machine. After
extracting untransmitted precinct results, transmit it following the
procedure for transmitting the precinct results from the precinct
level to the regional board of canvassers (advance) and to the sub-
canvassing/consolidation center (canvass);
3.2 For ACM – retrieve the CD-R containing the affected precinct
results, insert it to the consolidation machine, and import therefrom
the untransmitted precinct results;
4. Generate the canvass results only after all the precinct results have been
electronically received, unless otherwise ordered by the provincial board
of canvassers;
5. Generate the Certificate of Canvass (COC) for all positions;
6. Electronically transmit the COC for all positions to the provincial board of
canvassers;
7. Generate the Statement of Votes (SOV);
8. Print the COC and SOV in three (3) copies, to be distributed as follows:
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8.1 First copy, to the Regional Board of Canvassers;
8.2 Second copy, to the Election Records and Statistics Department
(ERSD), Commission on Elections, Manila;
8.3 Third copy, to the chairman of the Provincial Board of Canvassers.
9. Create back-up of the city/municipal consolidated results in the USB Key;
10. Write their names, and affix their signatures and thumbmarks on the COC
and SOV, and require the watchers, if present, to write their names and
affix their signatures and thumbmarks on the same;
11. The printed COCs, SOVs, and the USB Key used for back-up shall be
placed inside separate envelopes, duly sealed and submitted to the
provincial board of canvassers.
SEC. 19. Procedure for canvassing. – Immediately after convening, the
Provincial Board of Canvassers shall:
a. Initialize the server;
b. Generate Zero Report for each position;
c. Receive the electronically transmitted city/municipal consolidated results;
d. Monitor the transmission of the city/municipal consolidated results.
Color-coded icons are displayed beside the city/municipality, barangay,
polling center, and precinct to indicate the status of transmission: Red
button means that there is no transmission of the city/municipality
consolidated results yet; yellow button means that transmission is on-going;
green means that the city/municipality have transmitted their precinct
results. In the latter case, check the results per precinct to determine
whether the complete results have been transmitted;
e. After determining that the untransmitted city/municipal consolidated results
can no longer be electronically transmitted, retrieve the USB Key that was
used to back-up the city/municipal consolidated results, and extract
therefrom the untransmitted results;
f. Generate, from time to time, the updated canvass results;
g. After all the city/municipal consolidated results have been transmitted, or if
there are still untransmitted provincial COCs but will no longer affect the
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results of the election, generate the Certificate of Canvass (COC) for the
position of assemblymen;
h. Generate the COC for Regional Governor and Vice-Governor;
i. Electronically transmit the provincial consolidated results to the regional
board of canvassers;
j. Generate the Statement of Votes (SOV) for all positions;
k. Generate the Certificate of Canvass and Proclamation (COCP) for the position
of regional assemblymen. The three (3) candidates with the highest number
of votes shall be proclaimed as the winners;
l. Create back-up of the provincial consolidated results in the USB Key.
SEC. 20. Completion of the canvass.- Upon completion of the canvass, the
provincial board of canvassers shall print thirty (30) copies of the Certificate of Canvass
(COC) for Regional Governor and Regional Vice-Governor, to be distributed as follows:
a. The first copy, to the Regional Board of Canvassers;
b. The second copy, to the ERSD;
c. The third copy, to the Chairman of the Provincial Board of Canvassers;
d. The fourth copy, to the citizens’ arm designated by the Commission
e. The fifth copy, to the Secretary of the Regional Legislative Assembly;
f. The sixth copy, to be posted conspicuously on a wall within the premises of
the canvassing center;
g. The seventh and eighth copies, to the dominant majority and dominant
minority parties;
h. The ninth to eighteenth copies shall be given to the ten (10) accredited
major national parties, excluding the dominant majority and minority parties,
in accordance with a voluntary agreement among them;
i. The nineteenth and twentieth copies shall be given to the two (2)
accredited major local parties in accordance with a voluntary agreement
among them;
j. The twenty-first to twenty-fifth copies to the national broadcast or print
media entities as may be equitably determined by the Commission in view of
propagating the copies to the widest extent possible;
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k. The twenty-sixth to twenty-seventh copies to the local broadcast or
print media entities as may be equitably determined by the Commission in
view of propagating the copies to the widest extent possible; and
l. The twenty-eighth to thirtieth copies to the major citizens’ arm,
including the accredited citizens’ arm and other non-partisan groups or
organizations enlisted by the Commission pursuant to Section 52 (k) of Batas
Pambansa Bilang 881.
The board shall also print three (3) copies of the Statement of Votes by
City/Municipality, and each copy shall be attached to the COCs intended for the
Regional Board of Canvassers, the Election Records and Statistics Department, and the
Chairman of the Provincial Board of Canvassers.
The Certificate of Canvass and Statement of Votes shall be signed and
thumbmarked by the chairman and members of the provincial board of canvassers, and
the watchers, if available. Thereafter, all copies, with their respective supporting
documents, shall each be sealed with a serially numbered paper seal (CEF No. 12) and
placed inside their corresponding envelopes. Each envelope shall likewise be sealed
with a serially numbered paper seal.
The USB key used to back-up the provincial consolidated results shall also be
placed inside an envelope, duly sealed, and submitted to the regional board of
canvassers.
SEC. 21. Certificate of Canvass and Proclamation of Winning
Candidates for the Regional Assemblymen.- The provincial board of canvassers
shall print, in seven copies, a Certificate of Canvass and Proclamation (COCP) of
Winning Candidates for Regional Assemblymen for each legislative district, to be
distributed as follows:
a. The first copy, to the ERSD;
b. The second copy, to the Chairman of the Provincial Board of Canvassers;
c. The third copy, to the Secretary of the Regional Legislative Assembly;
d. The fourth copy, to the Secretary of the DILG;
e. The fifth, sixth and seventh copies, to each of the winning candidates.
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The Certificate of Canvass and Proclamation (COCP) shall be signed and thumb
marked by the chairman and members of the provincial board of canvassers, and the
watchers, if available.
The board shall also print three (3) copies of the supporting Statement of Votes
by City/Municipality, and shall be attached to copies (a), (b) and (c) of the Certificate of
Canvass and Proclamation. Copies (a), (b), (c) and (d) shall then be individually folded
from top to bottom, sealed with paper seals such that the certificates cannot be opened
without breaking the seal, and placed inside their respective envelopes which shall
likewise be sealed with paper seals.
SEC. 22. Delivery of the Certificates of Canvass to the Commission. –
The Chairman of the Provincial Board of Canvassers shall personally deliver by fastest
means to the Regional Board of Canvassers the original copy of the Certificate of
Canvass (copy for the Regional Board of Canvassers) for the Regional Governor and
Regional Vice-Governor, together with a copy of the Statement of Votes by
City/Municipality.
The provincial board of canvassers shall submit said documents, along with the
USB Key used as back up of the provincial consolidated results, to the regional board of
canvassers immediately after completion of canvass.
ARTICLE III
REGIONAL BOARD OF CANVASSERS
SEC. 23. Time, date and place of convening. – At 11:00 o'clock in the
morning of August 11, 2008, the Regional Board of Canvassers shall convene at the
Session Hall of the Commission, 8th Floor, Palacio del Gobernador, Intramuros, Manila,
or in any other place designated by the Commission and proceed with the canvassing of
the electronically transmitted Certificates of Canvass (COCs) from the provincial boards
of canvassers. It shall not adjourn until the canvass is completed but may recess from
time to time to await the transmission of the certificates of canvass. As soon as the
other electronic Certificates of Canvass are received, it shall immediately resume
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canvassing until all shall have been canvassed. Subject to reasonable exceptions, the
regional board of canvassers shall complete its canvass and proclaim the elected
candidates not later than August 13, 2008.
SEC. 24. Powers and functions of the regional board of canvassers. –
The regional board of canvassers shall canvass the electronically transmitted
Certificates of Canvass (COCs) submitted by the provincial boards of canvassers, and on
the basis thereof, proclaim the winning candidates for Regional Governor and Vice-
Governor who obtained the highest number of votes in the entire ARMM.
SEC. 25. Procedure for canvassing. – After convening, the regional board of
canvassers shall adopt the following procedure:
a. Initialize the server before starting the canvass;
b. Generate Zero Report for each position;
c. Receive the electronically transmitted provincial COCs;
d. Monitor the transmission of the provincial COCs.
Color-coded icons are displayed beside the province, city/municipality,
barangay, polling center, and precinct to indicate the status of transmission:
Red button means that there is no transmission yet; yellow button means
that transmission is on-going; green means that the provincial boards of
canvassers have transmitted their COCs. In the latter case, check the results
per precinct to determine whether the complete results have been
transmitted;
e. Generate, from time to time, the updated canvass results;
f. After determining that the untransmitted provincial COCs can no longer be
electronically transmitted, retrieve the USB Key that was used to back-up the
provincial COC concerned, and extract therefrom the untransmitted results.
g. After all the provincial COCs shall have been transmitted, or if there are still
untransmitted provincial COCs but will no longer affect the results of the
election, generate the Certificate of Canvass (COC) for the positions of
Regional Governor and Vice Governor;
h. Generate the Statement of Votes (SOV) for the positions of Regional
Governor and Vice Governor;
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i. Generate the Certificate of Canvass and Proclamation (COCP) for the
positions of Regional Governor and Vice Governor. The candidates with the
highest number of votes shall be proclaimed as the winners;
j. Create back-up of the regional consolidated results in the USB Key.
SEC. 26. Printing of the Certificate of Canvass and Proclamation (COCP)
and Statement of Votes By Province (SOV) of the Winning Candidates for
Regional Governor and Regional Vice-Governor. – The Regional Board of
Canvassers shall print the Certificate of Canvass and Proclamation (COCP) and
Statement of Votes By Province (SOV) for Regional Governor and Vice-Governor in six
(6) copies, to be distributed as follows:
a. Election Records and Statistics Department of the Commission
b. Chairman, Regional Board of Canvassers
c. Secretary, Regional Assembly
d. Secretary of the DILG
e. Winning Candidate for Regional Governor
f. Winning Candidate for Regional Vice-Governor
The Certificate of Canvass and Proclamation shall be supported by a Statement
of Votes by Province containing the total number of votes obtained by each candidate in
each province and the grand total they obtained in the entire ARMM. Said documents
shall be signed and thumbmarked by the chairman and members of the Regional Board
of Canvassers.
Copies (a) to (d) shall be individually folded from top to bottom, sealed with
serially numbered paper seals (CEF No. 12) and placed inside their corresponding
envelopes, which shall likewise be sealed with serially numbered paper seals.
The USB key used to back-up the regional consolidated results will be placed
inside an envelope, duly sealed, and submitted to the Assistant General Manager for
Technology at the ITD of the Commission.
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SEC. 27. Effectivity. –This Resolution shall take effect after its publication in
two (2) newspapers of general circulation in the Philippines.
SEC. 28. Dissemination. – The Education and Information Department shall
cause the publication of this Resolution in two (2) newspapers of general circulation in
the Philippines and its distribution to the Regional Election Director, the Provincial
Election Supervisors and Election Officers in the ARMM as well as the President or
Secretary General of political parties fielding candidates in the elections.
The Executive Director shall furnish copies of this Resolution to the Department
of Interior and Local Government, Department of Education, Department of Justice,
Armed Forces of the Philippines, the Philippine National Police and other deputies of the
Commission.
SO ORDERED.
JOSE A. R. MELO
Chairman
RENE V. SARMIENTO NICODEMO T. FERRER
Commissioner Commissioner
MOSLEMEN T. MACARAMBON LEONARDO L. LEONIDA
Commissioner Commissioner
LUCENITO N. TAGLE
Commissioner
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