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LENTE REGIONAL TRAINING

LENTE REGIONAL TRAINING. on Election Laws and Processes. April 22, 2007. AGENDA. Welcoming Remarks LENTE Overview Training on Election Laws Voting Canvassing Open Forum Other Operational Matters Provincial Training Deployment. Welcoming Remarks. LENTE Overview. What is LENTE?.

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LENTE REGIONAL TRAINING

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  1. LENTE REGIONAL TRAINING on Election Laws and Processes April 22, 2007

  2. AGENDA • Welcoming Remarks • LENTE Overview • Training on Election Laws • Voting • Canvassing • Open Forum • Other Operational Matters • Provincial Training • Deployment

  3. Welcoming Remarks

  4. LENTE Overview

  5. What is LENTE? • First nationwide network of lawyers, law students, paralegals and other trained volunteers set up by various non-partisan groups engaged in election monitoring work.

  6. What is LENTE? • Two tasks: • To monitor the canvassing of tallied votes in cities, municipalities and provinces around the country; • To provide legal services to members of the Network during the election period.

  7. LENTE Must Wins • Mobilize around 10,000 volunteers nationwide for the following work: • Monitor the canvassing of votes in 1,600 cities/municipalities and 81 provinces around the country • Coordinators at the local level; • Monitor canvassing and provide legal services at the national level • Support and assistance to the volunteer monitors during the canvassing process

  8. Training Proper

  9. TOPICS • Sources of Election Law • Candidates and Parties • Voting and Counting Process • Canvass Process • Post Election

  10. Sources of Election law

  11. 1987 Philippine Constitution • Right of Suffrage • Secrecy and sanctity of the ballots (Article V) • Absentee voting for overseas Filipinos (Article V) • COMELEC Charter • Accreditation of a citizen’s arm (Article IX-C)

  12. Free and open party system [Article IX-C Section 6] No representation in the Board of Canvassers, Registration Boards and Board of Election Inspectors for political parties, although entitled to watchers [Article IX-C Section 8]

  13. The Omnibus Election Code • The Basic Law of Elections • Passed on December 3, 1985 • First applied in the Feb. 1986 Snap Presidential Elections • Under the 1973 Constitution

  14. RA 6646 – Electoral Reforms Law of 1987, January 5, 1988 • Limited campaign propaganda to common poster areas and to Comelec space and time • Redefined the composition of the Board of Election Inspectors and Canvassers • Strengthened penal provisions on vote-buying and vote-selling as well as campaign violations

  15. RA 7166 - November 26, 1991 • Enabling law for the first synchronized elections in 1992 • Amended procedures for canvass and pre-proclamation controversies • Parties and Citizens’ Arm to get copies of COCs • Gun Ban • Decriminalized the failure to file statement of expenditures and contributions of candidates

  16. RA 7941 AN ACT PROVIDING FOR THE ELECTION OF PARTY-LIST REPRESENTATIVES THROUGH THE PARTY-LIST SYSTEM, AND APPROPRIATING FUNDS THEREFORRA 8045 and 8173 - CITIZEN’S ARMS RIGHT TO OBTAIN COPIES OF ELECTION RETURNS

  17. RA 8189AN ACT PROVIDING FOR A GENERAL REGISTRATION OF VOTERS, ADOPTING A SYSTEM OF CONTINUING REGISTRATION, PRESCRIBING THE PROCEDURES THEREOF AND AUTHORIZING THE APPROPRIATION OF FUNDS THEREFOR, "The Voter's Registration Act of 1996." • Changed the system of registration from a fixed day registration to a system of continuing registration

  18. RA 8295 AN ACT PROVIDING FOR THE PROCLAMATION OF A LONE CANDIDATE FOR ANY ELECTIVE OFFICE IN A SPECIAL ELECTION, AND FOR OTHER PURPOSES RA 8436 AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO USE AN AUTOMATED ELECTION SYSTEM IN THE MAY 11, 1998 NATIONAL OR LOCAL ELECTIONS AND IN SUBSEQUENT NATIONAL AND LOCAL ELECTORAL EXERCISES, PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES

  19. RA 9006AN ACT TO ENHANCE THE HOLDING OF FREE, ORDERLY, HONEST, PEACEFUL AND CREDIBLE ELECTIONS THROUGH FAIR ELECTION PRACTICES, “Fair Election Act” • Liberalized campaign rules RA 9189AN ACT PROVIDING FOR A SYSTEM OF OVERSEAS ABSENTEE VOTING BY QUALIFIED CITIZENS OF THE PHILIPPINES ABROAD, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES, "The Overseas Absentee Voting Act of 2003."

  20. RA 9369An Act Amending Republic Act No. 8436 entitled, “AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO USE AN AUTOMATED ELECTION SYSTEM IN THE MAY 11, 1998 NATIONAL OR LOCAL ELECTIONS AND IN SUBSEQUENT NATIONAL AND LOCAL ELECTORAL EXERCISES”

  21. COMELEC RESOLUTIONS • GENERAL INSTRUCTIONS FOR THE BOARD OF ELECTION INSPECTORS (GI for BEI) – Resolution No. 7815, as amended. • GENERAL INSTRUCTIONS FOR THE BOARDS OF CANVASSERS (GI for BOC) – Nothing yet at this point.

  22. May 14, 2007 National and Local Elections

  23. Positions at stake National: Senate – 12 seats House of Representatives – 218 and 20% of the total no. of seats for Party List Provinces: Governors - 81 Vice Governors - 81 Provincial Board Members – as high as 7 to as low as 1 per PB district

  24. Cities/Municipalities City Mayor – 118 Vice-Mayor - 118 Sangguniang Panglungsod Members – 4 to 12 per city or city district Municipal Mayor – 1,510 Vice Mayor – 1,510 Sangguniang Bayan Members – 8 per town

  25. REGISTRATION Registration of Voter(Basic Law is RA 8189) • To be able to vote in elections • Must be a registered voter • Who may register? • All citizens of the Philippines not otherwise disqualified by law • At least eighteen (18) years of age • Resided in the Philippines for at least one (1) year immediately preceding the election, • Resided in the place wherein they propose to vote for at least six (6) months immediately preceding the election

  26. System of Continuing Registration of Voters • Personal filing of application of registration of voters • Conducted daily in the office of the Election Officer during regular office hours. • No registration one hundred twenty (120) days before a regular election • The Election Registration Board (ERB) decides on the applications

  27. Precinct is the basic unit of territory in elections. It may comprise a geographically compact territory like a street or a group or streets or a sitio. Voters are organized by precinct in each city and municipality. Voters from the same precinct cast their vote in the same polling place.

  28. Cluster of Precincts is a grouping of two precincts so much so that the voters in the two precincts can vote in one polling place, use one ballot box, use one set of election returns, etc, and vote before one Board of Election Inspectors. • Notwithstanding clustering, the component precincts retain their identity and will have their own separate book of voters and list of voters.

  29. Polling Place is the place where voting is conducted. It is usually a classroom. It is most of the time referred to as the precinct when reference is made to the place of voting.

  30. CANDIDATES • Must have filed Certificate of Candidacy • No Certificate, Not a Candidate • Maybe independent or affiliated with Political Party

  31. POLITICAL PARTIES • Group of persons pursuing the same ideology, political ideas or platforms of government • Must be COMELEC registered to have juridical personality • Leadership issues may be resolved by COMELEC

  32. Dominant Majority and Dominant Minority Party • Entitled to copies of Election Returns and Certificates of Canvass • 6 Principal Political Parties • Priority Watchers

  33. PARTY LIST • Must be Registered • Manifestation of Intent to Participate • Nominates at least 5 persons. • Party is elected, Not the nominees.

  34. ELECTION DAY

  35. Board of Election Inspectors • Three members • Usually all public school teachers • Conducts the election at the polling place • One BEI for every precinct or cluster of precinct.

  36. Powers and Functions of BEI • Conduct the voting and counting of votes in the polling places. • Deputies of the Commission in the supervision and control of the election in the polling place. • Maintain order within the polling place and its premises • Enforce obedience to its lawful orders.

  37. BEI Qualifications • Of good moral character and irreproachable reputation • Registered voter of the city or municipality • Never been convicted of any election offense or of any other crime punishable by more than six (6) months of imprisonment, or has no pending case filed against him for any election offense • Able to speak and write English or the local dialect.

  38. A pollwatcher must be in the polling place at 6:00 am - the time the BEI are supposed to be at the polling place to make the necessary preparation for the voting. • The voting starts at 7:00 am and ends at 3:00 pm

  39. Key Forms and Supplies • Ballots are where voters write their votes. They are printed on security paper with distinctive, clear and legible watermarks that will readily distinguish the ballot paper from ordinary paper. They contain a stub and detachable coupon, both of which shall bear the same serial number of the ballot, with space for the thumbmark of the voter on the detachable coupon.

  40. Election Returns is spreadsheet-like document where the tally of the votes of all candidates voted for in the precinct is made. It comes in 7 copies of several pages each. The first copy is the one to be delivered to the Municipal or City Board of Canvassers for canvass. The others are distributed to different recipients. • Tally Board is a big tally sheet posted in the walls of the polling place for public viewing of the vote tally process.

  41. Minutes of the Voting and Counting is the document where the proceedings in the polling place are recorded. It is where the serial numbers of all election documents and supplies are recorded. It comes in two copies. • Paper Seals are used to seal envelopes and the ballot box to make sure that they are not unduly or improperly opened. The seals also have serial numbers.

  42. Ballot Box, which also has a serial number, has two compartments: the bigger compartment is where valid ballots are deposited and the smaller compartment is where spoiled ballots are dropped. • Indelible Ink is put on the right forefinger of a person who has voted.

  43. Key Records • Voter’s Registration Record (VRR) is the application for registration form of persons whose application for registration has been approved by the Election Registration Board. • Book of Voters is a bound compilation of all the VRRs of registered voters in a precinct.

  44. List of Voters is a listing of the names of all registered voters in each precinct duly certified by the Election Registration Board for use in the election. • There are two types of lists of voters: • Election Day Computerized Voters’ List (EDCVL) • Posted Computerized Voters List (PCVL)

  45. List of Deactivated Voters is list of names of those whose VRR were removed from the Book of Voters and placed in the inactive file because: • Failure to vote in two successive electoral exercise; • Sentenced by final judgment and imprisoned for not less than one year or have committed political crimes; • Declared insane and incompetent; and • Excluded from the voters’ list by court order

  46. Persons allowed in polling place during the voting stage • Chairman and members of the BEI. • Watchers who shall stay only in the space reserved for them; • Representatives of the Commission; • Voters casting their votes; • Voters waiting for their turn to vote; • Voters waiting for their turn to get their ballots; and • Others who may be specifically authorized by the Commission.

  47. Persons not allowedduring voting stage except to vote and when specifically authorized by the COMELEC • Armed Forces of the Philippines (AFP) personnel. • Philippine National Police (PNP) personnel • Paramilitary forces, including special forces, security guards, special policemen, and all other kinds of armed or unarmed extra-legal police forces. and • Barangay official, including barangay tanod, except to vote.

  48. Personnel of the AFP, as well as armed and unarmed extra legal police forces CANNOT enter any polling place or stay within a radius of fifty (50) meters thereof, except to vote, in which case they shall immediately leave the polling place after voting.

  49. In case of policemen or peace officers, they may stay outside the polling place within a radius of thirty (30) meters to be easily called by the BEI at any time when they are ordered in writing by a majority vote of the BEI for their protection and that of the voters or that of the election documents and paraphernalia. Such orders shall be entered in the Minutes.

  50. Important Rules During the Voting Stage • The meeting of the BEI is public. • The BEI acts through its chairman and by majority vote. • No watcher shall enter the places reserved for the voters and the BEI, or mingles and talks with the voters; • No voter shall prepare his ballot without using a ballot secrecy folder or exhibits the contents of the ballot to any person; • No ballot shall be brought outside the polling place

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