Guidelines for Accreditation of Foreign Observers in Connection with the May 13, 2013 Automated National and Local Elections

March 4, 2013

COMELEC RESOLUTION NO. 9652

GUIDELINES FOR ACCREDITATION OF FOREIGN OBSERVERS IN CONNECTION WITH THE MAY 13, 2013 AUTOMATED NATIONAL AND LOCAL ELECTIONS

WHEREAS, foreigners or groups of foreigners may be coming to observe the May 13, 2013 Automated National and Local Elections;

WHEREAS, there is a necessity to regulate the activities of foreign observers in the elections;

NOW, THEREFORE, pursuant to the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act No. 7166 and other election laws, the Commission on Elections has RESOLVED, as it hereby RESOLVES to promulgate the following guidelines:

SECTION 1. Accreditation. — Any foreigner or foreign group, organization, committee or association, representing government or private interests, who may want to observe the May 13, 2013 elections, shall file an application for accreditation with the Commission through the Director IV, Education and Information Department (EID). Applications for accreditation shall be personally filed at the COMELEC-EID. The period for filing applications for accreditation shall be from 1 February to 15 April 2013. This period shall be non-extendible. Applications filed after the last day of filing shall not be entertained.

SECTION 2. Documentary Requirements. — The application shall be supported by the following documents: cDSaEH

a. Duly accomplished information sheet;

b. Two (2) recently taken 2"X2" colored photographs of the applicant; and

c. Endorsement by the ambassador or consul of the home country of the applicant.

SECTION 3. Identification Cards. — Upon approval of the application, the Commission shall issue individual identification cards to the accredited foreign observers.

SECTION 4. Privileges. — Duly accredited observers shall have the following privileges:

A. BEFORE ELECTION DAY —

1. Request any official of the government, representatives of registered political parties, organizations or coalitions, candidates or their representatives, representatives of media, private firms or organizations, any political party or candidate for interview or briefing on the coming electoral exercise; and

2. Observe other election preparatory activities at the Offices of the Election Officers (EO).

B. ON ELECTION DAY — Subject to the provisions of Section 5 hereof:

1. Observe the conduct of elections in any locality;

2. Conduct brief interviews with the Chairman and Members of the Board of Election Inspectors (BEI) inside the polling place;

3. Conduct interviews with voters and other persons outside the polling place; and

4. Document their observation activities, as well as the conduct of elections, by means of audio, visual, or audio-visual recordings, subject to the prohibition under Section 6 hereof. ESDcIA

C. AFTER THE ELECTION

1. Observe all the proceedings in the precinct until the counting and transmission of votes are over; and

2. Keep track of the transport of the PCOS machines after the voting, counting and transmission.

SECTION 5. Responsibilities. — Duly accredited observers shall:

1. In choosing respondents for their interviews, endeavor to apply objective criteria in order to ensure fairness and balance in their observations and conclusions;

2. As far as may be practicable, report, by the most effective and efficient means possible, any untoward incidences or violations of election and campaign laws to the Commission, to their COMELEC contact persons, the Education and Information Department or any of its representatives in the field, or to any of the Commission's accredited citizen's arms.

3. Ensure that all observers and monitors explicitly state, in all their statements to the media on Election Day, that their observations reflect only the conditions where they conducted actual observation and monitoring activities, and that the same are not necessarily indicative of conditions through the country.

SECTION 6. Observation Report. — Duly accredited observers shall provide the Commission, through the EID, the following materials at least twenty-four (24) hours before the release of their Observation Report to the media or the general public:

1. A complete copy of the Observation Report released to the media or the general public; and

2. A complete copy of the raw video footage that may have been used — in whole or in part — in the Observation Report.

SECTION 7. Prohibited Acts. — It shall be unlawful for any foreigner, whether a juridical or natural person, to: ASTDCH

1. Aid any candidate or political party directly or indirectly;

2. Take part or influence in any manner the conduct of the elections;

3. Contribute or make any expenditure in connection with any election campaign or partisan political activity;

4. Enter any polling place without the consent of the Chairman of the BEI concerned; and

5. Mingle and talk with voters inside any polling place, or otherwise disrupt the proceedings in the polling place.

SECTION 8. Penalty of Violation. — Any violation of the above provisions shall be punishable with one to six years of imprisonment and deportation which shall be enforced after the prison term has been served, pursuant to Section 264 of the Omnibus Election Code and other related laws.

SECTION 9. Effectivity. — This Resolution shall take effect on the seventh day after its publication in two (2) daily newspapers of general circulation in the Philippines.

SECTION 10. Dissemination. — The EID shall implement this Resolution, cause its publication and furnish copies thereof to all Regional Election Directors, Provincial Election Supervisors, Election Officers, all political parties, all candidates, the Philippine Information Agency, and the Department of Foreign Affairs, which shall cause dissemination thereof to its foreign service establishments and to representatives of foreign countries in the Philippines, for their information and guidance.

SO ORDERED.

(SGD.) SIXTO S. BRILLANTES, JR.Chairman

(SGD.) LUCENITO N. TAGLECommissioner

(SGD.) ELIAS R. YUSOPHCommissioner

(SGD.) CHRISTIAN ROBERT S. LIMCommissioner

(SGD.) MARIA GRACIA CIELO M. PADACACommissioner