Assistance to PWDs on Election Day
Atty. Erwin M. Caliba
PPCRV Pre-Election National Conference
March 6-8, 2013
Pius XII Catholic Center
International Law
– Universal Declaration of Human
Rights (Sec. 1 & 3, Article 21),
1948
– International Covenant on Civil
and Political Rights (Article 25),
1976
– Convention on the Rights of
Persons with Disabilities, 2008
Domestic Law
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1987 Constitution (Sec. 2, par. 2, Article V), 1987
R.A. No. 8189 “Voter’s Registration Act of 1996”,
1996
B.P. Blg. 881 “Omnibus Election Code”, 1985
R.A. No. 7277 “Magna Carta for Disabled Persons”,
1992
R.A. 10366 “An Act Authorizing the Commission on
Elections to Establish Precincts Assigned to
Accessible Polling Places Exclusively for Persons with
Disabilities and Senior Citizens”, signed on February
15, 2013 and to take effect on July 1, 201
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RA 10366
SEC. 9. Creation of Precincts for Persons with
Disabilities and Senior Citizens. – The Commission
is hereby authorized to establish precincts of a
nonterritorial nature, exclusively for persons with
disabilities and senior citizens who in their
registration records manifest their intent to avail of
their right to a separate precinct under this
section. Pursuant hereto, the Commission shall
establish at least one (1) such precinct, assigned
to accessible polling places, for every voting
center. Such precincts shall be provided with
assistive devices as well as the services of experts
in assisting persons with disabilities.
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Definition
“Persons with disabilities include those
who have long-term physical, mental,
intellectual or sensory impairments
which in interaction with various barriers
may hinder them full and effective
participation in society on an equal basis
with others.”
-- Article 1, UN Convention on the Rights of
Persons with Disabilities, 2008
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Classification of Disabilities for
Election Purposes
1. Physical
2. Hearing
3. Speech
4. Visual
5. Non-manifest
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Types of Assistance
1. Assistor
2. Communication Assistance
3. Accessible Precinct
4. Visual Assistance
5. None
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Updating of Registration
Records
- indicating in the Supplementary
Data the type of disability and the
assistance needed on election day
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3 WAYS OF PWD VOTING
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1. Polling Place on the Ground
Floor
2. Accessible Polling Place (APP)
3. Voting in the Assigned Polling
Place (PWDs with Unupdated Registration
Records)
Commission on Elections
1010
• Comelec Resolution 9485
or the Rules
and Regulations for Voting of Persons with
Disabilities and for Establishment of Accessible
Polling Places in Connection with the May 13,
2013 Elections, June 29, 2012
– Assignment of clustered precincts with PWD
voters at the ground floor
– Establishment of APP in selected voting
centers
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• Sec 42, Comelec Resolution No.
9640 or the General Instructions for
the BEI, February 15, 2013
– PWDs, Senior Citizens and Escorted
Detainee Voters shall be afforded their
right to express lane and made to vote
upon arrival
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ACCESSIBLE POLLING PLACE
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Procedure in the APP
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Waiting Area in the APP
Establishment of a Waiting Area for PWDs inside
the Voting Center
• The EO in coordination with the principal or
administrative officer of the voting center shall
establish a waiting area for PWDs inside the
voting center preferably near the gate or a
classroom beside the accessible polling place.
• The Election Officer may coordinate with the
local government units to ensure that tents and
chairs will be provided in the waiting area. (Sec.
3, Resolution No. 9485)
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Pilot APPs in 2 Voting Centers in
Dasmariñas City
1. Salawag Elementary School - 528 PWD voters
2. Area E Elementary School - 294 PWD voters
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ASSISTANCE FOR PWDs
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1. Assistor
-PWD or Illiterate voters listed in the
EDCVL
- preparation of the ballot and feeding to the
machine
– Preparation - Assistor must be a relative within
the 4th degree of sanguinity or consaguinity, any
person of confidence belonging to same household
or any member of the BEI
– All assistors must be of voting age
– No assistor may assist the PWD voters for more
than three (3) times except the BEI members
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– Assistor shall, in the presence of the PWD voter,
prepare the ballot using a ballot secrecy folder
– 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.
– Feeding - Third Member of the BEI or support staff
who make sure the contents of the ballot are not
displayed
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2. Communication Assistance
- Sign language interpretation, or
- use of writing materials and papers to
communicate, or
- any other mechanism that allows persons
with disabilities related to speech and/or
hearing to communicate their concerns to
BEI or SBEI-PWD
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3. Physical Accessibility
-Parking /Drop-off point
-Accessibility Sign
-Ramps with handrails
-Rest rooms
-Non-skid flooring
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PROJECT EASE
• Ensuring Accessibility of Schools on
Elections
• Accessibility Audit
• Audit Teams formed by Comelec, DPWH,
DepEd, NCDA, LGUs, UAP and PWD
Sectors
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4. Visual Assistance
- Reading aloud of the printed instructions and
forms, or
-providing recorded voice instructions, or
- printing of voting instructions in large letters or
-any other mechanism that can be utilized by the
persons with disability related to sight. (e.g. Braille)
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Note
• The Commission, through the Election Officer,
shall designate members of the accredited
citizens’ arms who may assist PWDs in the
accessible polling place. (Section 2, Resolution
No. 9845)
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CONCLUSION
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Mabuhay ang mga
PWDs!
Maraming Salamat Po!
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Photo Credits:
Inter-Agency and NGO Network on Empowering PWDs
COMELEC EID
Office of Retired Comm. Rene V. Sarmiento
Google
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