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Election Laws - Ballot Appreciation
Election Laws - Ballot Appreciation
n Tellers (BET), it is for the Barangay Elections; when we say the Board of Election
Rules for the 28 October 2013 Barangay SK Elections Inspectors (BEI), it is for the Local or National Elections. (I don’t know the difference between the two terms but
what I know is that they perform one and the same function, except that the Board of Election Tellers have this
Comelec Resolution No. 9751 (Promulgated 5 August 2013) --- see separate file power to appreciate votes. That is the heart and soul of the powers and functions of the BET.)
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If you are a watcher, what you need to present the moment you get inside the polling place is your Barangay tanods
appointment as a watcher. Without your appointment as a watcher, the BET can decline your presence Incumbent barangay or SK official, whether elected or appointed
inside the polling place.
Power to prohibit lawyers and candidates from the polling place I am talking here about Barangay Elections because, again, in the Local and National Elections there is no more
Lawyers and candidates are not allowed inside the polling place except to vote. They cannot stay to Ballot Appreciation. It is the PCOS machine that appreciates or counts the ballot.
witness the proceedings because that function pertains to the watchers who are virtually the
representatives or lawyers of the candidates inside the polling place. Who can be appointed as watchers?
Registered voter of the barangay where he or she is assigned
What is the extent of BET power and authority to appreciate ballot? Of good reputation
It must be public and witnessed by the watchers Not convicted by final judgment for any election offense or any other crime
Held at the designated polling place Knows how to read and write Filipino, English or any of the prevailing local dialect
Watchers are afforded unimpeded view of the ballot when read, WITHOUT TOUCHING IT Not related within 4th civil degree of consanguinity or affinity to any member of the BET where he or she is
Remember that the official ballot is virtually untouchable; it cannot be touched (even by the candidate or assigned
the lawyer). Only the BET Chairman can touch the ballot.
BET performs quasi-judicial function, decides as a collegial body & by majority vote Rights and duties of watchers
In case of disagreement, they decide by majority vote. Stay in the space reserved for them inside the polling place
BET acts through the Chairman Witness the proceedings of the BET
The BET, although collegial, acts through the Chairman. Whatever the BET decides on, it is promulgated Take note of what they may see or hear
by the Chairman. Take photographs of the BET proceedings, election returns, ballot boxes, tally board
BET decision is final and un-appealable In case of discrepancy between the election returns and the tally board, the election returns prevail.
BET by unanimous vote recommends in writing However, they cannot take photographs of the official ballot because of the secrecy and sanctity of the
Majority of watchers present endorses in writing ballots.
Grounds – imminent danger of widespread File a protest against any irregularity or violation of law he BELIEVES may have been committed by BET or any
Violence person
Terrorism Obtain from BET certificate of its filing and/or its resolution
Disorder Unimpeded view of the ballot being read, election returns and tally board, WITHOUT TOUCHING THEM
Similar causes of comparable magnitude Be furnished, UPON REQUEST, with certificate of votes, duly signed and thumb marked by the BET
But they shall not speak to any BET, voter, or among themselves, in such a manner as would disturb BET
How to transfer counting of votes? proceedings
Nearest safe barangay or school building They are allowed to speak provided it is only for clarificatory questions. They cannot orally argue; once
Not located within perimeter of or inside – they argue, they will be asked to put that in writing. The proceeding of the BET is supposed to be solemn.
Military or police camp, reservation
Headquarters, detachment or field office What are the basic rules in ballot appreciation?
Within premises of prison or detention compound of any law enforcement or investigation agency Every ballot is PRESUMED VALID unless there is clear & good reason to justify its rejection
The Comelec through the Election Officer may authorize transfer of counting of votes In other words, rejection or considering it as a stray vote/ballot is the last resort. As much as possible, the
Must be recorded in the Minutes BET must give life to the intention of the voter.
In case of doubt, the intention and expression of the voter’s will must be carefully determined
Who are allowed inside the polling place? Questions are decided by majority of BET
Members of the BET
Watchers who stay in designated area No watcher, candidate or any other person is allowed to participate
Voters casting their votes Except when watcher files protest
Voters waiting for their turn to vote Recorded in the minutes
Voters waiting for their turn to get ballots If there is a question as to ballot appreciation, only the three BET will decide. Watchers cannot participate;
Jail/Prison escorts for detainee voters they cannot argue. They can just file a written protest.
Members of SBET (Special Board of Election Tellers)
Others specifically authorized by the Commission 4 Basic Rules in Ballot Appreciation (Ferrer v Comelec, GR No. 139489, 10 April 2000)*
1. Intent rule *
Take note that this enumeration is exclusive except the one in the last part (i.e., others specifically authorized). It is - What is the intention of the voter?
exclusive in the sense that you cannot see the name of the lawyer or the name of the candidate. 2. Neighborhood rule *
3. Idem sonas rule *
Who are NOT allowed inside the polling place? - Idem Sonas: sounding the same or alike; having the same sound. A term applied to names which are
Any officer or member of the AFP or PNP substantially the same, though slightly varied in the spelling.
Any peace officer or armed person belonging to any extra-legal police agency, special, reaction, strike forces, - Even if the spelling is wrong but if it sounds alike, it will be counted in favor of the candidate.
CAFGU, paramilitary forces, special forces, security guards, special policemen 4. Equity of the incumbent rule *
All other kinds of armed or unarmed extra legal police forces - Apply this rule only when one of the candidates is incumbent
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5. Superiority of surname rule Vote shall be counted in favor of such candidate
For example: “Cruise” instead of “Cruz”; vote shall be counted by virtue of Idem Sonas Rule.
* The first four rules are provided for in the case of Ferrer v. Comelec, the Superiority of surname rule is based The purpose of the Idem Sonas Rule is to give life to the intention of the voters who cannot correctly write
on the opinion of Atty. Gujilde. the name of the candidate.
Another example: “Prada” instead of “Rada” or “Rad” instead of “Rada”; for as long as it sounds alike,
How to appreciate ballot? vote is still counted.
If only the FIRST NAME or SURNAME of the candidate is written: If a name of the candidate for the position he aspires for is written and on another position he does not aspire
Vote is VALID provided there is no other candidate with the same first name or surname for the same for:
office Vote shall be counted in the position he aspires for, BUT if it is intended to identify the ballot, it becomes
Example: The candidate is Juan Cruz. “Juan” is okay provided there is no other candidate by that name. VOID
“Cruz” is okay provided there is no other candidate by that surname. For example: “Selma” is written for Mayor and “Selma” is also written for Councilor but the candidate is
If only the FIRST NAME of the candidate is written, which when read, has a SOUND SIMILAR to the surname of running for Mayor, the vote for Mayor shall be counted but the vote for Councilor shall be considered a
another candidate: stray vote.
Vote is counted in favor of the candidate with such surname because of Superiority of Surname Rule When we say of a stray vote, meaning only that vote is invalidated. It does not invalidate the entire ballot.
Example: One candidate’s first name is “Juan”; while another candidate’s surname is “Huwan”. Even if However, if it is intended to identify the ballot, it becomes void (MARKED BALLOT).
what is written is “Juan”, it will be counted in favor of “Huwan” because of Superiority of Surname Rule Before the BET counts the ballots or appreciates the ballots, they sort the ballots to check if there are
and Idem Sonas Rule. marked ballots. Once they find a marked ballot, automatically it is voided; everything in the ballot is void.
If there are 2 or more candidates with the SAME full name, first name or surname, and one of them is If the name of the candidate is ERASED and another clearly written (meaning, the voter changed his mind at
incumbent: the last minute:
Vote is counted in favor of the incumbent Vote shall be counted in favor of the new name
Example: Candidate A is Juan dela Cruz. Candidate B is Juan dela Cruz and is the incumbent. The one who If the initial of a first name, middle name or surname is incorrect:
will get the vote is the incumbent, by virtue of the Equity of the Incumbent Rule. ** Vote is valid and shall be counted (unless the BET thinks it is a marked ballot)
If there is a woman who uses her maiden name or married surname or both and there is a candidate with the If the name of a candidate is the same as the name of another who is not a candidate:
same surname: Vote is counted for candidate
Ballot bearing such surname only shall be counted in favor of the incumbent
For example: Woman Candidate is Leviste; Incumbent is Leviste. Vote goes to the incumbent Leviste by If there are prefixes or suffixes:
virtue of the Equity of the Incumbent Rule. ** Vote is still valid
For example: Sir Michael Rama, Don Tomas Osmeña
** Remember, you only apply the Equity of the Incumbent Rule if one of the candidates is incumbent. However, if Nicknames and appellations of affection and friendship accompanied by first name or surname is VALID:
none of them is incumbent, no one gets the vote. Nickname ONLY, valid if candidate is generally or popularly known in the locality
Initials only, illegible and do not sufficiently identify candidate:
Stray but will not invalidate whole ballot
However, if the BET thinks that it is a marked ballot, the entire ballot will be voided.
If 2 or more surnames are written on the SAME LINE on the ballot: Correct first name with different surname OR correct surname with different first name:
Not counted for either of them unless one of them is an incumbent who has served for at least 1 year Stray but will not invalidate whole ballot
For example: Rama Osmeña; since the incumbent is Rama, then the vote goes to RAMA. Ballot written with crayon, lead pencil, or ink (wholly or in part):
If 2 or more SIMILAR SURNAMES are written on DIFFERENT LINES for an office which authorizes election of Valid unless used to identify the ballot, in which case it is considered a MARKED ballot and should be
more than 1 and there are the same number of candidates with same surname: considered VOID
Votes shall be counted for all Unless used to identify the ballot, in which case, it is will be considered a marked ballot and should be
For example: For councilor, three candidates have the surname “Tan” – considered void.
If the voter writes “Tan” on three lines for Councilor, everybody gets a vote. If there are 2 or more candidates written in a single position:
If the voter writes only on two lines, nobody gets a vote unless one of them is incumbent. In that The vote shall not be counted for either or all but does not affect validity of the others
case, the incumbent gets one vote and not two votes. If the candidates voted for EXCEED the number of those to be elected:
If both were incumbent, each one gets one vote. Ballot is valid but counted only for those firstly written until the authorized number is covered
If the two candidates are incumbent and only one surname is written, nobody gets a vote. Vote for non-candidate and for a candidate for an office he did not aspire for:
If a single work is written, which is the first name of a candidate and the surname of another: Stray but does not invalidate the entire ballot
Vote shall be counted for the candidate bearing the SURNAME Ballot containing name of candidate PRINTED, PASTED OR AFFIXED THROUGH ANY MECHANICAL PROCESS:
For example: The first name of Candidate A is Rodrigo and the surname of Candidate B is Rodrigo, the TOTALLY NULL AND VOID
vote goes to Candidate B by virtue of Superiority of Surname Rule. It will be null and void for being affixed through mechanical process or for being a marked ballot.
If 2 words are written on the SAME LINE, one of which is the first name of a candidate and the surname of Circles, crosses or lines on blank spaces:
another: Indicate desistance from voting and shall not invalidate the ballot
Vote shall NOT be counted for EITHER Unless used to identify the ballot, in which case, it is will be considered a marked ballot.
For example: Michael Osmeña; nobody gets a vote even if one of them is incumbent. Commas, dots, lines or hyphens between the first name and surname or in other parts of the ballot; traces of
A name or surname incorrectly written, which when read, has a sound similar to the name or surname of a the letters “T”, “J”; two or more kinds of writing; use of accidental flourishes, strokes or strains:
candidate: Does not invalidate ballot, unless it clearly appears to have been deliberately done to identify the ballot
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Ballot which appears to have been filled by 2 distinct persons:
NULL AND VOID
If the space for Punong Barangay is blank, but the name of the candidate for Punong Barangay is written in the
first line for Barangay Kagawad:
Count in favor of the candidate pursuant to the Neighborhood Rule
If there are blank spaces between the space for Punong Barangay and the space for Barangay
Kagawad where the name of the Punong Barangay candidate is written, the Neighborhood Rule will
no longer apply.
If there is a candidate, running as Barangay Kagawad, having the same name as the candidate for
Punong Barangay and the name is written in the space for Barangay Kagawad, then the vote will be
counted for the Barangay Kagawad candidate.
If the candidate for Punong Barangay has the same surname with a candidate for Barangay Kagawad
and the same surname is written on the first two spaces for Barangay Kagawad, the vote may be
counted for Punong Barangay and Barangay Kagawad by virtue of the Neighborhood Rule. (It
actually depends on how the BET will appreciate the votes, for as long as they have a basis.)
Take note that the Neighborhood Rule is not found in the Omnibus Election Code. It is found in jurisprudence. That
is actually a concept made by the HRET (House of Representatives Electoral Tribunal).
In automated elections, since it is the PCOS machine that counts, there are no second chances. Thus, if you commit
a mistake, you cannot ask for another ballot.
For example, you wanted to vote for Candidate B but you marked the circle beside the name of Candidate A and you
marked that circle X and marked the correct circle beside Candidate B. That will not be counted by the machine and
will be invalidated; but, that will not invalidate the entire ballot.
Another example, for Senators: If you vote for only one candidate, that is allowed and that will be counted by the
machine. If you vote for twelve candidates, twelve votes will also be counted. However, if you vote for thirteen
candidates, nobody gets a vote since you exceeded the allowable slots for that position; but, the entire ballot is not
invalidated.