Resolution No. 9366

Promulgation: 21 February 2012

RULES AND REGULATIONS GOVERNING THE: 1) FILING OF PETITIONS FOR REGISTRATION; 2) FILING OF MANIFESTATION OF INTENT TO PARTICIPATE; 3) SUBMISSION OF NAMES OF NOMINEES; AND 4) FILING OF DISQUALIFICATION CASES AGAINST NOMINEES OF PARTY-LIST GROUPS OR ORGANIZATIONS PARTICIPATING UNDER THE PARTY-LIST SYSTEM OF REPRESENTATION IN CONNECTION WITH THE MAY 13, 2013 NATIONAL AND LOCAL ELECTIONS, AND SUBSEQUENT ELECTIONS THEREAFTER

The Commission on Elections (Commission), by virtue of the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act No. 7941 otherwise known as The Party-List System Act, and other election laws, RESOLVED to promulgate, as it hereby RESOLVES to prescribe the following RULES AND REGULATIONS GOVERNING THE: 1) FILING OF PETITIONS FOR REGISTRATION; 2) FILING OF MANIFESTATION OF INTENT TO PARTICIPATE; 3) SUBMISSION OF NAMES OF NOMINEES; AND 4) FILING OF DISQUALIFICATION CASES AGAINST NOMINEES OF PARTY-LIST GROUPS OR ORGANIZATIONS PARTICIPATING UNDER THE PARTY-LIST SYSTEM OF REPRESENTATION IN CONNECTION WITH THE MAY 13, 2013 NATIONAL AND LOCAL ELECTIONS, AND SUBSEQUENT ELECTIONS THEREAFTER.

RULE 1. FILING OF PETITIONS FOR REGISTRATION

SEC. 1. Registration requirement Only organized groups duly registered with the Commission, and which have manifested their desire to participate in the party-list election, may participate in the Party-List System of Representation in the House of Representatives.

SEC. 2. Who may file petition for registration. Organized groups not yet registered with the Commission on Elections may file a petition for registration under the party-list system. An organized group already registered need not to register anew. However, it shall file with the Commission a manifestation of intent to participate in the party-list election pursuant to Rule 3 hereof.

Party-list groups delisted may file anew a verified petition for registration, Provided however: That party-list groups delisted shall be ineligible to file a petition for registration in the election immediately following its delisting.

SEC. 3. Who may participate. The following organized groups may participate in the party-list election:

1. Sectoral party an organized group of citizens whose principal advocacy pertains to the special interests and concerns of the following sectors: Labor; Peasant; Urban Poor; Indigenous Cultural Communities; Elderly; Handicapped; Women; Youth; Overseas Workers; Fisherfolk; Veterans; and Professionals;

2. Sectoral organization a group of qualified voters bound together by similar physical attributes or characteristics, or by employment, interests or concerns;

3. Political Party an organized group of qualified voters pursuing the same ideology, political ideas and principles for the general conduct of the government;

4. It is a national party when its constituency is spread over the geographical territory of at least a majority of the regions. It is a regional party when its constituency is spread over the geographical territory of at least majority of the cities and provinces comprising the region.

5. Coalition an aggrupation of duly-registered national, regional. Sectoral parties or organizations for political and/or election purposes.

SEC. 4 Where to file petition for registration. The verified petition for registration by any of the abovementioned organized groups, signed by their President/Chairman or, in his absence, their Secretary-General, shall be filed with the Office of the Clerk of the Commission, Commission on Elections, Manila, in twelve (12) legible copies.

Petitions filed by mail, telegram or facsimile shall not be accepted.

In case two separate petitions are filed for the same organized group, one signed by the President/Chairman and the other by the Secretary-General, both petitions shall be dismissed.

SEC. 5. When to file petition for registration. Petitions for registration shall be filed not later than the last working day of March of the year immediately preceding the next regular national and local elections during regular working hours.

SEC. 6. Petition for Registration, Contents. The petition for registration shall be verified and shall state the following:

a) name and acronym of the petitioner, with the acronym not exceeding twenty (20) characters;

b) nature of the organization: whether it is a sectoral party, sectoral organization, political party or coalition;

c) the sector or sectors which it seeks to represent;

d) the name and address of its President/Chairman or, in his absence, the Secretary-General, who will represent the party in the petition;

e) petitioners principal headquarters and postal office address;

f) names, positions, and addresses of its elected officers;

g) petitioners intention or desire to participate in the party-list election;

h) names and addresses of its chapter offices;

i) that all of its officers and members are made aware of the petition and have given their consent thereto;

j) the list of documents attached to the petition;

k) names, addresses and representatives of sectoral parties or organizations affiliated with the petitioner, which affiliates need not be registered with the Commission, but have given their consent thereto;

l) that it is not a religious sect or denomination, organization or association organized for religious purposes;

m) that it shall not advocate violence or unlawful means to achieve its goals;

n) that it is not an adjunct or a project organized or an entity funded or assisted by the government;

o) that it is not a foreign party or organization;

p) that it does not receive support for partisan political purposes from any foreign government, foreign political party, foundation, organization, whether directly or indirectly, or through it officers or members, or indirectly through third parties;

q) the period of existence of petitioner, which shall be at least one (1) year at the time the petition is filed; and

r) that it commits to comply with the laws, rules and regulations relating to elections.

The President/Chairman or, in his absence, the Secretary-General representing the party shall affix his signature on the verification portion of the petition stating under oath that he is one of the officers of the petitioner duly authorized to verify the petition; that he has caused the preparation and filing of the petition; and that he read and understood the contents of the petition and acknowledge the same to be true and correct based on his personal knowledge.

SEC. 7. Documents to support petition for registration. The following documents shall support petitions for registration:

1. Constitution and by-laws as an organization seeking registration under the party-list system of representation;

2. Platform or program of government;

3. List of all its officers and members (national, regional, provincial, city/municipal) particularly showing that the majority of its membership and officers belong to the marginalized and underrepresented sector/s it seeks to represent;

4. Manifestation of intent to participate in the next immediately succeeding national and local elections, and list of at least five (5) nominees;

5. Articles of Incorporation, by-laws and Certificate of Registration issued by the Securities and Exchange Commission (SEC), if registered therewith.

6. Track record summary showing that it represents and seeks to uplift the marginalized and underrepresented sector/s it seeks to represent;

7. Coalition agreement, if any, and the detailed list of affiliates comprising the coalition, including the signed coalition agreement;

8. Sworn proof/s of existence in the areas where the organization is claiming representation; and

9. Other information required by the Commission.

A filing fee of Ten Thousand Pesos (P 10,000.00), and a legal research fee of One Hundred Pesos (P 100.00) shall be charged for each petition.

SEC. 8. Receiving and recording of petitions for registration. Upon receipt of the requirements provided for in Section 6 and 7 hereof, the Office of the Clerk of the Commission shall receive and acknowledge receipt of the petition for registration by stamping every copy of each petition with the date and time of its receipt, and the signature of the personnel who actually received the same. Petitions shall be docketed and a docket number shall be assigned thereto. As soon as the petition is docketed, the Office of the Clerk of the Commission shall furnish the Law Department with a copy of the petition.

SEC. 9. Procedure for Registration. Upon docketing the petition for registration, the Office of the Clerk of the Commission shall determine if the petition is in due form, and if all information required is complete. Within seven (7) days from receipt of the petitions for registration for registration, it shall submit the petitions received together with its findings and recommendations to the Commission.

Upon receipt of the petition from the Office of the Clerk of the Commission, the Commission shall require the petitioner to publish at his expense in two (2) national newspapers of general circulation duly accredited by the Commission on Elections the following;

1. The petition;

2. Manifestation of intent to participate

3. List of nominees and certificate of nomination; and

4. Order of the Commission requiring the publication with the date of the hearing of the petition.

The Commission, after due notice and hearing, shall resolve the petition within fifteen (15) days from the date it was submitted for resolution but not later than the last working day of September of the year immediately preceding the next regular national and local elections, inclusive of resolutions of motions for reconsideration elevated to the Commission en banc.

RULE 2. OPPOSITION TO A PETITION FOR REGISTRATION

SEC. 1. Opposition to a petition for registration; Where to file. A verified opposition to a petition for registration may be filed with the Office of the Clerk of the Commission, Commission on Elections in Manila, by any interested party on any of the grounds mentioned in Section 2 hereof.

SEC. 2. Grounds for opposition to a petition for registration. The Commission may deny due course to the petition motu proprio or upon verified opposition of any interested party, after due notice and hearing, on any of the following grounds:

1. It is a religious sec or denomination, organization or association organized for religious purposes;

2. It advocates violence or unlawful means to achieve its goal;

3. That it is adjunct of, or a project or an entity funded or assisted by, the government;

4. It is a foreign party or organization;

5. It is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or indirectly or through its officers or members or indirectly through third parties for partisan election purposes;

6. It violates or fails to comply with laws, rules or regulations relating to elections;

7. If it has made untruthful statements in its Petition;

8. It has ceased to exist for a period of at least one (1) year;

9. It fails to participate in the last two (2) preceding elections or fails to obtain at least two per centum (2%) of the votes cast under the party-list system in the two (2) preceding elections for the constituency in which it has registered; or

10. The petition has been filed to put the election process in mockery or disrepute, or to cause confusion among the voters by the similarity of names or registered parties, or by other circumstances or acts which clearly demonstrate that the petitioner has no bona fide intention to represent the sector for which the petition has been filed and thus prevent a faithful determination of the true will of the electorate.

SEC. 3. Removal and/or cancellation of registration; Grounds. The Commission may motu proprio or upon a verified complaint of any interested party, remove or cancel, after due notice and hearing, the registration of any party-list group organization or coalition on any of the grounds mentioned in Section 2 of this Rule. Any party whose registration has been removed or cancelled shall not be allowed to participate in the party-list system, or from being proclaimed if the evidence is strong.

SEC. 4. When to file; Where to file. Verified complaint may be filed at anytime during office hours with the Office of the Clerk of the Commission.

SEC. 5. Filing Fees A filing fee of Ten Thousand Pesos (P 10,000.00), and a legal research fees on One Hundred Pesos (P 100.00) shall be charged for each petition.

RULE 3. MANIFESTATION OF INTENT TO PARTICIPATE

SEC. 1. Who shall file manifestation of intent to participate. Any party-list group previously registered under the party-list system of representation, which intends to participate in the next regular national and local elections, shall file with the Commission a manifestation of intent to participate in the party-list election.

SEC. 2. Where to file manifestation of intent to participate. The manifestation of intent to participate by any of the above-mentioned organized groups or parties shall be filed with the office of the Clerk of the Commission, Commission on Elections, Manila, in twelve (12) legible copies.

The manifestation shall be signed by the President/Chairman or, in his absence, the Secretary-General of the party or group.

Manifestations filed by mail, telegram or facsimile shall not be accepted.

A sample of the manifestation to participate is attached as Annex A.

SEC. 3. When to file manifestation of intent to participate. Manifestation of intent to participate in the party-list election shall be filed not later than the last working day of April of the year immediately preceding the next regular national and local elections during regular working hours.

For purposes of the May 13, 2013 national and local elections, the last day for the filing of manifestation of intent to participate shall be on May 31, 2012 in accordance with Comelec Resolution No. 9359, promulgated February 8, 2012.

SEC. 4. Contents of manifestation of intent to participate. The manifestation of intent to participate shall be under oath and state the following: a) name, acronym and nature of the filer, whether a sectoral party, sectoral organization, political party or coalition; b) the date of its registration with the Commission; c) that at no time has it ceased to exist for a period of one (1) year from the time of its registration; d) that it did not fail to participate in the last two (2) preceding elections or did not fail to obtain at least two per centum (2%) of the votes cast under the party-list system in the two (2) preceding elections for the constituency in which it has registered; and e) its desire to participate in the party-list election.

The manifestation of intent to participate shall be accompanied by a list of at least five (5) nominees in the form prescribed by the Commission as Annex B.

SEC. 5. Receiving and recording of manifestation of intent to participate. Upon receipt of the requirements provided for in Section 4 hereof, the Clerk of the Commission shall receive and acknowledge receipt of the manifestation of intent to participate by stamping every copy of each manifestation with the date and time of its receipt, and the signature of the personnel who actually received the same. A copy of each manifestation shall be forwarded to the Law Department for the preparation of the certified list of parties participating in the party-list election.

No manifestation of intent to participate shall be accepted beyond the period stated in Section 3 herein.

SEC. 6. Distribution of copies. The copies of the manifestation of intent to participate shall be distributed by the Clerk of the Commission, as follows:

1. First copy, to be retained by the Clerk of the Commission;

2. Second copy, to the Commission en banc through the Chairman;

3. Third copy, to the Law Department;

4. Fourth copy, to the Election Records and Statistics Department; and

5. Fifth copy, to the Comelec Secretary; and

6. A copy for the Chairman and each Commissioner.

SEC. 7. Petition to deny due course to a manifestation of intent to participate. A verified petition seeking to deny due course to a manifestation of intent to participate may be filed with the Office of the Clerk of the Commission, Commission on Elections in Manila, by any interested party within five (5) days from the date of publication of the manifestation of intent to participate on any of the grounds mentioned in Section 2 of Rule 2 for previously registered party-list groups.

For groups seeking registration, the last day for filing of petition to deny due course to a manifestation of intent to participate shall be filed by any interested party not later than last working day of May of the year immediately preceding the elections. For purposes of the May 13, 2013 national and local elections, the petition shall be filed not later than May 31, 2012.

RULE 4. PARTY-LIST NOMINEES

SEC. 1. Qualifications of nominees. A party-list nominee must be:

1. A natural-born citizen of the Philippines;

2. A registered voter;

3. A resident of the Philippines for a period of not less than one (1) year immediately preceding election day;

4. Able to read and write;

5. A bona fide member of the party he seeks to represent for at least ninety days preceding election day;

6. At least twenty-five (25) year of age;

7. A Filipino citizen who belongs to the marginalized and underrepresented sector which his sectoral party, organization, political party or coalition seeks to represent; and

8. Able to contribute to the formulation and enactment of appropriate legislation that will benefit the nation as a whole.

9. In case of the youth sector, he must be at least twenty-five (25) but not more than thirty (30) years of age on the day of the election. Any youth sectoral representative who attains the age of thirty (30) during his term shall be allowed to continue in office until the expiration of his term.

10. The party-list group and the nominees must submit documentary evidence in consonance with the Constitution, R.A. 7941 and other laws to duly prove that the nominees truly belong to the marginalized and underrepresented sector/s, the sectoral party, organization, political party or coalition they seek to represent, which may include but not limited to the following:

    1. Track record of the party-list group/organization showing active participation of the nominee/s in the undertakings of the party-list group/organization for the advancement of the marginalized and underrepresented sector/s, the sectoral party, organization, political party or coalition they seek to represent;

    2. Proofs that the nominee/s truly adheres to the advocacies of the party-list group/organizations (prior declarations, speeches, written articles, and such other positive actions on the part of the nominee/s showing his/her adherence to the advocacies of the party-list group/organizations);

    3. Certification that the nominee/s is/are a bona fide member of the party-list group/ organization for at least ninety (90) days prior to the election; and

    4. In case of a part-list group/organization seeking representation of the marginalized and underrepresented sector/s, proof that the nominee/s is not only an advocate of the party-list/organization but is/are also a bona fide member/s of said marginalized and underrepresented sector.

SEC. 2. Change of affiliation; Effect. Any selected party-list representative who changes his political party or sectoral affiliation during his term of office shall forfeit his seat; Provided, that if he changes his political or sectoral affiliation within six (6) months before an election, he shall not be eligible for nomination as party-list representative under his new party or organization.

SEC. 3. Effects of acceptance of nomination. Nominees holding appointive or elective offices may continue to hold office even after acceptance of their nomination, and the one-year prohibition from being hired or rehired in a public office after their party-list organizations fail to secure the needed votes to qualify them for a seat in the House of Representatives, shall not apply to them. Incumbent sectoral representatives in the House of Representatives who are nominated in the party-list system shall not be considered resigned.

SEC. 4. Withdrawal of nomination or acceptance of nomination. Withdrawal of nominations or acceptance of nominations shall be in writing and under oath, and filed with the Law Department of the Commission in Manila before the close of polls.

A nominee who withdraws his acceptance to the nomination shall not be eligible for nomination by other parties.

SEC. 5. Nomination of Party-List representatives. A person may be nominated in one (1) list only. Only persons who have given their consent in writing may be named in the list. The list shall not include any candidate for any elective office or a person who has lost his bid for an elective office in the immediately preceding election. No change of names or alteration of the order of nominees shall be allowed after the same shall have been submitted to the COMELEC except in cases where the nominee dies, or withdraws in writing his nomination, becomes incapacitated in which case the name of the substitute nominee shall be placed last in the list.

SEC. 6. Vacancy. In case of vacancy in the seats reserved for party-list representatives, the vacancy shall be automatically filled by the next representative from the list of nominees in the order submitted to the COMELEC by the same party, organization, or coalition, who shall serve for the unexpired term. If the list is exhausted, the party, organization coalition concerned shall submit additional nominees.

SEC. 7. Term sharing of nominees. Filing of vacancy as a result of term sharing agreement among nominees of winning party-list groups/organizations shall not be allowed.

SEC. 8. Publication. The Education and Information Department shall cause the immediate publication of the list of nominees in two (2) national newspaper of general circulation.

RULE 5. PETITION TO DENY DUE COURSE OR TO CANCEL CERTIFICATE OF NOMINATION OF PARTY-LIST NOMINEES

SEC. 1. Petition to deny due course and/or cancellation; Grounds. A verified petition seeking to deny due course the nomination of nominees of party-list groups may be filed by any person exclusively on the ground that a material misrepresentation has been committed in the qualification of the nominees.

SEC. 2. Petition for disqualification, Ground; - A verified petition seeking the disqualification of nominees of party-list groups may be filed by any person when the nominee has been declared by final decision of a competent court guilty of, or found by the Commission of having:

1. Given money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions;

2. Committed acts of terrorism to enhance his candidacy;

3. Spent in the campaign an amount in excess of that allowed by law;

4. Solicited, received or made any contribution prohibited under Section 89, 95, 96, 97 and 104 of the Omnibus Election Code; or

5. Violated any of Sections 83, 86 and 261, paragraphs d, e, k, v, and cc, sub-paragraph 6 of the Omnibus Election Code.

SEC. 3. Where to file petitions. The petitions herein mentioned shall be filed with the Office of the Clerk of the Commission, Commission on Elections in Intramuros, Manila;

Petition for disqualification filed with office other than with the Office of the Clerk of the Commission shall not be accepted.

SEC. 4. When to file petitions. Petitions for denial / cancellation / disqualification of party-list nominees shall be filed as follows:

1. Petition to deny due course or cancellation of nomination of party-list nominees shall be filed within five (5) days after the publication of the list of nominees; and

2. Petition for disqualification of party-list nominees shall be filed at any day not later than the date of proclamation.

SEC. 5. Procedure in filing petitions. For purposes of the preceding sections, the following procedure shall be observed:

1. A verified petition to disqualify a party-list nominee shall be filed in ten (10) legible copies, personally or through a duly authorized representative, by any person or voting age, or duly registered political party, organization or coalition of political parties, or party-list groups or organizations;

2. Petitioner shall, before the filing of the petition, furnish a copy of the petition through personal service, to the respondent. In case personal service is not feasible, or the respondent refuses to receive the petition or the respondents whereabouts cannot be ascertained, the petitioner shall execute an affidavit stating the reasons or circumstances therefore;

3. The proof of service or the affidavit shall be attached to the petition to be filed with the Office of the Clerk of the Commission;

4. Upon payment of the filing fee of Php 10,000.00 and the legal research fee of Php 100.00, the Office of the Clerk of the Commission shall docket the petition and assign to it a docket number, which must be consecutive according to the order of receipt, and must bear the year and prefixed as SPA (DCN);

5. Additional filing and legal research fees shall be charged if there are more than one (1) respondent at Php 10,000.00 and Php 100.00 for each respondent-nominee.

6. Upon proper filing and docketing of the petition, the Office of the Clerk of the Commission shall, within three (3) calendar days, issue summons with notice of hearing through personal or telegram, facsimile or through the fastest means of communication, to the respondent and notice of hearing to the petitioner;

7. Within three (3) calendar days from receipt of summons, the respondent shall, personally or through his authorized representative, file his verified answer (not a Motion to Dismiss) to the petition, at the Office of the Clerk of the Commission, in twelve (12) legible copies, with proof of personal service of Answer upon the petitioner;

8. Grounds for Motion to Dismiss may be raised as an Affirmative Defense.

9. The proceeding shall be summary in nature. In lieu of oral testimonies, the parties shall submit the affidavits of their witnesses and other documentary evidence together with their position papers or memoranda;

10. The position paper or memorandum of each party shall contain the following:

    1. A Statement of the Case, which is a clear and concise statement of the nature of the action, a summary of the documentary evidence, and other matters necessary to an understanding of the controversy;

    2. A Statement of the Issues, which is a clear and concise statement of the issues;

    3. The Argument, which is a clear and concise presentation of the argument in support of each issue; and

    4. The Relief, which is a specification of the judgment which the party seeks to obtain. Issues raised in the pleadings that are not included in the memorandum shall be deemed waived or abandoned. The Commission may consider the memorandum alone in deciding or resolving the petition, as said memorandum is a summation of the parties pleadings and documentary evidence.

SEC. 6. Motu proprio cases. The Commission may, at any time before proclamation, motu proprio disqualify any nominee whose nomination is contrary to Section 5, Rule 4 of this Resolution.

Upon receipt of the list of nominees, the Law Department shall, within three (3) days from the last day of filing of the list of nominees, forward to the Commission en banc through the Office of the Commission Secretary, the list of nominees for purposes of publication.

Thereafter, the Law Department shall, within the soonest time possible, submit its study and recommendation to the Commission en banc through the Office of the Commission Secretary whether or not the conditions imposed in Section 5, Rule 4 have been met.

The Commission Secretary shall upon receipt thereof, immediately calendar for deliberation the list of nominees together with the study and recommendation of the Law Department with notice to all members of the Commission.

Within five (5) days from the date of the deliberation, the Commission shall resolve all matters relative to the list of nominees submitted to it.

The Resolution disqualifying the nomination of party-list nominees shall be published in two (2) newspapers of general circulation.

SEC. 7. Promulgation. The promulgation of a Decision or Resolution of the Commission or a Division shall be made by delivering a copy thereof to the Clerk of the Commission, notice of which shall be served upon the parties or their attorneys personally, or by registered mail, telegram, fax or thru the fastest means of communication.

SEC. 8. Effects of petition if unresolved before completion of canvass. If the petition, for reasons beyond the control of the Commission, cannot be decided before the completion of the canvass, the votes cast for the party-list group or organization shall be included in the counting and, in the canvassing; however, if the evidence is strong, the proclamation of the nominee shall be suspended notwithstanding the fact that his group or organization received the winning number of votes in such election.

RULE 7. COMMON PROVISIONS

SEC. 1. Suspension of the Comelec Rules of Procedure. In the interest of justice and in order to attain speedy disposition of cases, application of the Comelec Rules of Procedure or any portion thereof inconsistent herewith is hereby suspended.

SEC. 2. Motion for Reconsideration. A motion to reconsider a Decision, Resolution, Order or Ruling of a Division shall be filed with three (3) days from receipt thereof. Such motion, if not pro forma, suspends the execution for implementation of the Decision, Resolution, Order or Ruling.

Within twenty-four (24) hours from the filing thereof, the Clerk of the Commission shall notify the Presiding Commissioner. The latter within two (2) day thereafter certify the case to the Commission en banc.

The office of the Clerk of the Commission shall calendar the Motion for Reconsideration for the resolution of the Commission en banc within three (3) days from certification thereof.

SEC. 3. Filing fee for Motion for Reconsideration. There shall be a payment of filing fee of Php 1,000.00 for every Motion for Reconsideration filed before the Office of the Clerk of the Commission.

Additional filing fees shall be charged if there are more than one (1) respondent at Php 1,000.00 for each respondent-nominee.

SEC. 4. Availability of records to the public. Copies of Petitions and/or Manifestations filed under these Rules shall be available to the public upon prior compliance with existing Comelec rules and regulations and payment of fees that the Commission may require.

SEC. 5. Effectivity. This Resolution shall take effect seven (7) days after its publication in two (2) daily newspapers of general circulation in the Philippines.

The Education and Information Department of the Commission shall cause the publication of this Resolution in two (2) daily newspapers of general circulation in the Philippines.

SEC. 6. Dissemination. The Education and Information Department of the Commission shall furnish copies of this Resolution to all field officials of the Commission, the President/Chairman or in his absence, the Secretary-General of all parties, organization or coalitions registered under the party-list system of representation.

SO ORDERED.