The Commission on Elections, pursuant to the powers vested in it by the Constitution, the Omnibus Election Code (B.P. Blg. 881), and other pertinent election laws, resolved to promulgate, as it hereby promulgates, the following general instructions for the board of election inspectors on the casting and counting of votes in the May 14, 2001 national and local elections:chanroblesvirtuallawlibrary
Section 1. Board of election inspectors; constitution and appointment. - The Commission, through its Election Officer, shall constitute a board of election inspectors, hereinafter referred to as the board, for each precinct or group of precincts whose members shall be appointed not later than March 14, 2001. The board shall be composed of a chairman and two members, all of whom shall be public school teachers, giving preference to those with permanent appointment. One of the members shall be designated as poll clerk.
Not later than March 26, 2001, the Election Officer shall furnish all candidates and political parties a list of the members of the boards of election inspectors, the precinct number where they are assigned, and the barangay where the precinct is located. Another such list shall be submitted by the Election Officer to the Election and Barangay Affairs Department, Comelec, Manila, not later than April 15, 2001.
In case there are not enough public school teachers, teachers in private schools, employees in the civil service, or citizens of known probity and competence who are registered voters of the city or municipality may be appointed for election duty, provided that the chairman shall be a public school teacher.
Sec. 2. Qualifications of members of the board. - No person shall be appointed as chairman or member of the board, whether regular, substitute or temporary, unless he:chanroblesvirtuallawlibrary
b. Is a registered voter of the city or municipality;
c. Has 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; and
d. Is able to speak and write English or the local dialect.
Sec. 3. Disqualification. - No person shall serve as chairman or member of the board if he/she or his/her spouse is related within the fourth civil degree of consanguinity or affinity to any member of the same board or to any candidate to be voted for or his/her spouse.
Sec. 4. Notice of disqualification. - Any member who is disqualified for any reason, shall notify the Election Officer in writing who shall, in turn, immediately appoint a replacement.
Sec. 5. Temporary vacancies in the board. - If, at the time of the meeting of the board, any member is absent or a vacancy exists, the members present shall call upon a substitute from the roll of substitutes listed by the Department of Education, Culture and Sports to perform the duties of the absent member. If none is available, the members present shall appoint any non-partisan registered voter of the precinct not otherwise disqualified to temporarily fill said vacancy until the absent member appears or the vacancy is filled. In case there are two members present, they shall act jointly.
Sec. 6. Arrest of absent members. - The member or members of the board present may order the arrest of any member who, in his or their judgment, has absented himself with the intention of obstructing the performance of the duties of the board.
Sec. 7. Oath of members of the board. - Before assuming office, the members of the board shall take and sign an oath in the form prescribed by the Commission before the Election Officer. Copies of the oath shall be retained by the Election Officer.
Sec. 8. Powers and functions of the board. - The board shall have the following powers and functions:chanroblesvirtuallawlibrary
b. Act as deputies of the Commission in the supervision and control of the election in the polling place wherein it is assigned;
c. Maintain order within the polling place and its premises, to keep access thereto open and unobstructed, and to enforce obedience to its lawful orders. If any person refuses to obey the lawful orders of the board or conducts himself in a disorderly manner in its presence or within its hearing and thereby interrupts or disturbs its proceedings, the board may issue an order in writing directing any peace officer to take such person into custody until the adjournment of the meeting, but such order shall not be executed as to prevent such person from voting. In the absence of any peace officer, such order may be executed by any other competent and able person deputized by any board of election inspectors in writing; and
d. Perform such other functions prescribed by law or by the rules and regulations promulgated by the Commission.
Sec. 9. Proceedings of the board. - The meeting of the board shall be public and held in the polling place designated by the Commission.
The board shall act through its chairman and shall decide, without delay, by majority vote all questions which may arise in the performance of its duties.
Sec. 10. Minutes of voting and counting of votes. - The board shall accomplish the Minutes of Voting and Counting of Votes hereinafter referred to as Minutes as the act or data therein required occur or become available during voting and counting of votes. Copies of the Minutes shall be sealed in separate envelopes to be distributed as follows:chanroblesvirtuallawlibrary
b. The second copy, to be deposited inside the compartment of the ballot box for valid ballots.
Sec. 11. Voting privilege of the members of board. - Members of the board and their substitutes may vote in the polling place where they are assigned on election day provided that:chanroblesvirtuallawlibrary
b. Their voting in the polling place where they are not registered should be noted in the Minutes.
Sec. 12. Prohibition against political activity. - No member of the board shall engage in any partisan political activity or take part in the election except to discharge his duties as such and to vote.
Sec. 13. Per
diem of the board. - The members of the board shall each receive a
per diem of eight hundred pesos (P800.00) for their services.
and supervisors of the Department of Education, Culture and Sports
by the Commission to perform election day shall be paid a per diem of
eight hundred pesos (P800.00) each. Support personnel from the
of Education, Culture and Sports who may be required by the Commission
to perform election duties shall each be entitled to a per diem
of two hundred pesos (P200.00).
Sec. 14. Official watchers of candidates, political parties and other groups. - Each candidate and political party or coalition of political parties duly registered with the Commission and fielding candidates in the May 14, 2001 national and local elections including those participating under the party-list system of representation may appoint two watchers, to serve alternately, in every polling place. However, candidates for Sangguniang Panlalawigan, Sangguniang Panlungsod and Sangguniang Bayan, belonging to the same ticket or slate shall collectively be entitled to one watcher.
Duly accredited citizens’ arms of the Commission shall be entitled to appoint a watcher in every polling place. Other civic, religious, professional, business, service, youth, and any other similar organizations, with prior authority of the Commission, shall be entitled collectively to appoint one (1) watcher in every polling place.
If, because of limited space, all watchers cannot be accommodated in the polling place, preference shall be given to the watchers of the six (6) accredited major political parties, as determined by the Commission, and to the watcher of the citizens’ arm.
Sec. 15. Qualifications of watchers. - No person shall be appointed watcher unless:chanroblesvirtuallawlibrary
b. He is of good reputation;
c. He has not been convicted by final judgment of any election offense or of any other crime;
d. He knows how to read and write Pilipino, English or any of the prevailing local dialects; and
e. He is not related within the fourth civil degree of consanguinity or affinity to the chairman or any member of the board in the polling place where he seeks appointment as watcher.
Sec. 16. Rights and duties of watchers. - Upon entering the polling place, the watchers shall deliver to the chairman of the board their appointments as watchers and their names shall forthwith be recorded in the Minutes with a notation under their signatures that they are not disqualified to serve as such under the immediately preceding Section. The appointments of the watchers shall bear the personal signature of the candidate or duly authorized representative of the party, organization or coalition which appointed them. For this purpose, at least fifteen (15) days before election day, registered parties, organizations or coalitions authorized by the Commission to appoint watchers shall provide the Election Officers concerned with the names and signatures of their representatives authorized to appoint watchers in the city or municipality.
The watchers shall have the right to:chanroblesvirtuallawlibrary
b. Take note of what they may see or hear;
c. Take photographs of the proceedings and incidents, if any, during the counting of votes, as well as of the election returns, tally board and ballot boxes;
d. File a protest against any irregularity or violation of law which they believe may have been committed by the board or by any of its members or by any person;
e. Obtain from the board a certificate as to the filing of such protest and/or of the resolution thereon;
f. Read the ballot after it shall have been read by the chairman, as well as the election returns as it is being accomplished by the members of the board, without touching said election documents; and
g. Be furnished, upon request, with a certificate of votes cast for the candidates, duly signed and thumbmarked by the chairman and all members of the board.
Watchers shall not speak to any member of the board, or to any voter, or among themselves, in such a manner as would disturb the proceedings of the board.
The six (6)
principal watchers representing the six (6) accredited major political
parties in the polling place shall, if available, affix their
and thumbmarks on the Election Returns, and the Certificate of Votes
Senator, Congressman and Party-List (CE Form 9-A).
Sec. 17. Election forms, documents and supplies. - Except when authorized to do so earlier by the Commission, the board shall get the forms, documents and supplies early in the morning of election day. The following forms, documents, and supplies shall be allocated and distributed by precinct by the city/municipal treasurer and the Election Officer:chanroblesvirtuallawlibrary
2. CVL Report 1-B.
3. CVL Form 2.
4. List of Deactivated Voters.
The board shall carefully check the different election forms, documents and supplies and the quantity actually received, and deposit them in the ballot box, which shall thereafter be locked with three padlocks. Each member of the board shall keep in his custody one key corresponding to one of the padlocks. The board shall sign a Certificate of Receipt (CE Form No. 14) in three copies, the original copy of which shall be delivered to the city/municipal treasurer, the second copy to be retained by the board, and the third copy to the Election Officer, who shall transmit said receipts to the Records and Statistics Division, Election Records and Statistics Department, Comelec, Manila immediately after election day.
In the unlikely event that any of the above mentioned supplies are lacking, that fact shall be recorded in the Minutes of Voting and Counting (CE Form No. 11). The Election Officer shall, however, exert effort to secure and send the lacking items and provide the board with said items.
Sec. 18. Official ballots. - (a) The ballot for national and local elections shall be in uniform size: printed in black ink on white security paper with distinctive, clear and legible water marks that will readily distinguish it from ordinary paper;
(b) It shall be with stubs and detachable coupons containing the serial number of the ballot with space for the thumbmark of the voter on the detachable coupon;
(c) It shall bear at the top of the middle portion thereof, the coat-of-arms of the Republic of the Philippines, the words "Official Ballot," the name of the city or the municipality and province in which the election is to be held, the date of the election and the following notice in English: " Fill out this ballot secretly using a voting booth. Do not put any distinctive mark on any part of this ballot."
)d) It shall contain the names of all the offices to be voted for in the election allowing sufficient space or spaces with horizontal line where the voter may write the name or names of the individual candidates voted for by him; and
(e) There shall not be anything printed or written on the back of the ballot except as provided in Sec. 28 hereof.
Official ballot for cities or municipalities where Arabic is of general use, the title of the offices to be voted for shall be printed in Arabic in addition to the English title.
Sec. 19. Forms to be reproduced when needed. - Samples of the following forms are attached hereto to guide the board in the replication thereof when the need arises:chanroblesvirtuallawlibrary
b. Certificate of Challenge or Protest and Decision of the Board (Annex "B");
c. Oath of Voter Challenged for Illegal Acts (Annex "C");
d. Oath of Identification of Challenged Voter (Annex "D");
e. Summons Re Challenged Voter (Annex "E").
Sec. 20. Book of voters and computerized voters' list. - Each precinct shall have:chanroblesvirtuallawlibrary
b. One (1) copy of CVL Form 2 (Revised List of Voters with Record on the Number of Ballots);
c. Two (2) copies of CVL Report 1-B (List of Voters); and
d. Two (2) copies of the list of deactivated voters all duly certified by the Election Registration Board (ERB).
The chairman of the board shall have custody of the book of voters and one (1) copy of CVL Report 1-B.
The poll clerk
shall have custody of the CVL Form 2 and one (1) copy of the list of
Sec. 21. Date of election. - The election shall be held on May 14, 2001.
Sec. 22. Who are allowed to vote. - Except as otherwise provided in Section 11 hereof, only the following voters are allowed to vote:chanroblesvirtuallawlibrary
b. Those whose names are ordered by the courts to be included in the list.
Sec. 23. Voting hours. - The casting of votes shall start promptly at seven o’clock in the morning and shall end at three o’clock in the afternoon of election day. If at three o’clock there are still voters within thirty meters in front of the polling place who have not yet cast their votes, the voting shall continue but only to allow said voters to cast their votes without interruption. The poll clerk shall, without delay, list the names of said voters consecutively numbered. The voters listed shall be called to vote by the poll clerk by announcing each name three times in the order in which they are listed. Any voter in the list who is not present when called shall not be permitted to vote at any later time. The said list shall be submitted to the Election Officer.
Sec. 24. Place of voting. - The voters shall cast their votes in the polling place designated by the Commission for the precinct. The poster indicating the actual or original precinct number/s (CE Form No. 3) in case of grouping of precincts shall be prominently posted near or at the door of the polling place.
Sec. 25. Preliminaries to the voting. - The board shall meet at the polling place at six o’clock in the morning of election day and do the following:chanroblesvirtuallawlibrary
b. Post one copy of CVL Report 1-B and the list of deactivated voters near or at the door of the polling place; and
c. Staple, paste or post the certified list of candidates and registered parties, organizations or coalitions participating under the party-list system of representation inside the portable voting booths.
Before the voting begins, the chairman of the board shall:chanroblesvirtuallawlibrary
b. Show to the public and to the watchers present, the package of official ballots and the book of voters, both duly sealed, and thereafter, break the seals.
The number of pads and the serial numbers of the ballots in each pad, and the fact that the package of ballots and the book of voters were shown to the public with the seals intact shall be entered in the Minutes.
Sec. 26. Rules to be observed during the voting. - During the voting, the board shall see to it that:chanroblesvirtuallawlibrary
b. Every voter shall prepare his ballot using a ballot secrecy folder. He shall not exhibit the contents of the ballot to any person;
c. No ballot is brought outside the polling place;
d. No person carrying any firearm or any other deadly weapon, except those expressly authorized by the Commission, enters the polling place;
e. The voters shall vote in the order of their arrival in the polling place;
f. There is no crowding of voters and disorderly behavior inside the polling place; and
g. The interior cover of the ballot box shall remain locked until the voting is finished and the counting begins.
Sec. 27. Persons allowed in and around the polling place. - Only the following shall be allowed inside the polling place:chanroblesvirtuallawlibrary
b. Watchers who shall stay only in the space reserved for them;
c. Representatives of the Commission;
d. Voters casting their votes;
e. Voters waiting for their turn to vote;
f. Voters waiting for their turn to get their ballots; and
g. Others who may be specifically authorized by the Commission.
Unless specifically authorized by the Commission, it is unlawful for any officer or member of the Armed Forces of the Philippines or the Philippine National Police or any peace officer or armed person belonging to any extra-legal police agency, special forces, reaction forces, strike forces, Civilian Armed Force Geographical Units, barangay tanods, or other similar forces or para-military forces, including special forces, security guards, special policemen, and all other kinds of armed or unarmed extra legal police forces, to enter any polling place or stay within a radius of fifty (50) meters thereof, except to vote.
However, the board, by majority vote, if it deems necessary, may order in writing the detail of a policeman or any peace officer for its protection or for the protection of the election documents and paraphernalia. Such order shall be entered in the Minutes. Said policeman or peace officer shall stay outside the polling place within a radius of thirty (30) meters near enough to be easily called by the board at anytime, but never at the door, and in no case shall the said policeman or peace officer hold any conversation with any voter or disturb or prevent or in any manner obstruct the free access of the voters to the polling place.
No barangay official shall enter any polling place except to vote, in which case, he shall immediately leave the polling place after voting.
Sec. 28. Manner of obtaining ballots. - The voter shall approach the chairman and give his name and address together with the other data concerning his person.
If any member of the board doubts the identity of the voter, the board shall require the voter to present any authentic document that may establish his identity. If the board is satisfied with his identity, the chairman shall distinctly announce the voter’s name in a tone loud enough to be plainly heard throughout the polling place. If such voter has not been challenged, or having been challenged, the question has been decided in his favor, the voter shall be given a ballot.
No person other than the chairman shall deliver official ballots to voters nor shall more than one ballot be delivered at one time.
Before giving the ballot to the voter, the chairman shall:chanroblesvirtuallawlibrary
A voter who for any reason refuses to be stained with the indelible ink, or whose finger already shows stain of indelible ink, shall not be given a ballot. Such fact, including the name of the voter shall be entered in the Minutes;
(b) Announce the serial number of the ballot and enter the same in the corresponding space in CVL Form 2 and the back of the voter’s Voter Registration Record;
(c) Authenticate the ballot by affixing his signature at the back thereof;
(d) Failure to authenticate shall be noted in the Minutes and shall constitute an election offense; and
(e) Fold it in such a manner that its face, except the portion where the serial number appears is covered and give the same to the voter.
Sec. 29. Manner of voting. - Upon receipt of the ballot, the voter shall forthwith affix his signature on the proper space at the back of his Voter Registration Record. In case of inclusion of a voter by court order, said voter shall affix his/her signature and thumbmark on CVL Form 2, indicating clearly that such voter have been included by court order.
Using a ballot secrecy folder, he shall fill his ballot by writing the names of the individual candidates of his choice and the name of the registered party, organization or coalition he wants represented under the party-list system of representation.
It shall be unlawful to use carbon paper, paraffin, paper or other means for making a copy of the contents of the ballot or make use of any means to identify the vote of the voter.
Sec. 30. Preparation of ballots for illiterate and disabled voters. - (a) No voter shall be allowed to vote as illiterate or physically disabled unless such fact is so indicated in his registration record;
(b) A voter who is illiterate or physically unable to prepare the ballot by himself may be assisted in the preparation of his ballot by a relative within the fourth civil degree of consanguinity or affinity, or, if he has none, by any person of his confidence who belongs to the same household, or by any member of the board;
(c) No person may assist and illiterate or disabled voter more than three (3) times except the members of the board. The Secretary shall enter in the Minutes the names of the persons each member assisted. At the end of voting, the Secretary shall indicate in the Minutes the total number of times each member of the board assisted in illiterate or disabled voter.
In all cases, the poll clerk shall first verify from the illiterate or disabled voter whether the latter had authorized the assistor to prepare the ballot for him;
(d) The assistor shall prepare the ballot for the illiterate or disabled voter using a ballot secrecy folder in the presence of the latter; and
(e) The person assisting shall bind himself in writing and under oath to fill the ballot strictly in accordance with the instructions of the voter and not to reveal the contents of the ballot, by affixing his signature in the appropriate space in the Minutes.
Sec. 31. Accessibility of polling place to disabled voters. - The Election Officers, in coordination with the proper school or building officials, shall see to it that the designated polling places of precincts where there are disabled registered voters as shown in their Voter Registration Records are located in the ground floors of the polling centers so that the disabled voters can have easy access thereto.
Sec. 32. Spoiled ballots. - A ballot is considered spoiled in the following instances:chanroblesvirtuallawlibrary
(b) When the detachable coupon of the ballot was detached not in the presence of the Board; and
(c) When the serial number of the ballot returned by the voter is different from the serial number of the ballot earlier given to the said voter.
Sec. 33. Procedure after voter has filled up the ballot. - (a) After the voter has filled his ballot, he shall fold it in the same manner as when he received it;
(b) In the presence of all the members of the board, he shall affix his thumbmark in the corresponding space in the coupon, and return the folded ballot to the chairman;
(c) The chairman, in the presence of the voter and all the members of the board, without unfolding the ballot or seeing its contents, shall verify its serial number as against the serial number previously entered at the back of the Voter Registration Record to determine whether it is the same ballot given to the voter.
Any ballot returned to the chairman, the serial number of which does not tally with the serial number entered in the voter’s Voter Registration Record shall be considered "SPOILED" and shall be so marked and signed by any member of the board, and placed inside the compartment for spoiled ballots. The voter shall be given another ballot so as not to disenfranchise him, without prejudice, however, to the filling of appropriate charges. The incident and the name of the voter shall be recorded in the Minutes. The board shall submit to the Election Officer the name of such voters;
(d) The voter shall forthwith affix his thumbmark in the corresponding space at the back of his Voter Registration Record;
(e) The chairman shall likewise sign in the proper space at the back of the Voter Registration Record, or in the CVL Form 2 in case the voter’s inclusion is ordered by the court, in which case the voter shall sign and affix his thumbmark on the CVL Form 2;
(f) The chairman shall detach the coupon in the presence of the voter and of the other members of the board and shall deposit the detached coupon in the compartment for spoiled ballots.
Any ballot returned to the chairman, the detachable coupon of which has been removed not in the presence of the other members of the board and of the voter, shall be considered "SPOILED" and shall be so marked and signed by any member of the board, and placed inside the compartment for the spoiled ballots. The voter shall be given another ballot so as not to disenfranchise him, without prejudice, however, to the filing of appropriate charges. The incident and the name of the voter shall be recorded in the Minutes. The board shall submit to the Election Officer the names of such voters;
(g) The chairman shall return the ballot to the voter, who shall personally deposit the same inside the compartment for valid ballots.
If it should become necessary to make room for more ballots, the chairman may, in the presence of the members and watchers, open the box and press down with his hands the ballots contained therein without removing any of them, after which the board shall again close the interior cover of the ballot box and lock it with padlocks as herein provided; and
(h) The voter shall then depart.
Sec. 34. Challenge against illegal voters. Any voter or watcher may challenge any person offering to vote for:chanroblesvirtuallawlibrary
(b) Using the name of another; or
(c) Suffering from existing disqualification.
In such case, the board shall satisfy itself as to whether or not the ground for the challenge is true by requiring proof of registration, identity or qualification.
No voter shall be required to present his identification card unless his identity is challenged. However, the absence of an identification card shall not preclude the voter from voting if his identity can be established from the photograph, fingerprint, or specimen signatures in his Voter Registration Record or if a member of the board identifies him under oath. Such identification shall be reflected in the Minutes.
Sec. 35. Challenge based on certain illegal acts. - Any voter or watcher may challenge any voter offering to vote on the ground that the challenged person has:chanroblesvirtuallawlibrary
(b) Made or received a promise to influence the giving or withholding of any such vote; or
(c) Made a bet or is interested directly or indirectly in a bet which depends upon the results of the election.
The challenged person shall take an oath before the board that he has not committed any of the acts alleged in the challenge. Upon taking such oath, the challenge shall be dismissed and the voter shall be allowed to vote. In case the voter refuses to take such oath, the challenge shall be sustained and the voter shall not be allowed to vote.
Sec. 36. Record of challenges and oaths.- The poll clerk shall record in the Minutes all challenges and oaths taken in connection therewith and the decision of the board in each case.
Sec. 37. Disposition of unused ballots. - The chairman shall record in the Minutes the quantity and serial numbers of unused ballots. Thereafter, he shall, in the presence of the members of the board and watchers, tear the unused ballots in half lengthwise without removing the stubs and detachable coupons. One half shall be placed in the envelope for the purpose, and submitted to the Election Officer; while the other half shall be placed in another envelope for the purpose, and deposited inside the compartment of the ballot box for valid ballots. Such facts shall be entered in the Minutes.
Prohibition against premature announcement of voting. - Before the
termination of the voting, no member of the board shall make any
as to whether a certain registered voter has already voted or not, as
how many have already voted or how many so far have failed to vote or
other fact tending to show or showing the state of the polls; nor shall
he make any statement at any time, except as witness before a court or
body as to how any person voted.
Sec. 39. Counting of votes to be public and without interruption. - After the termination of voting, the board shall publicly count in the polling place the votes cast and ascertain the results. Unless otherwise ordered by the Commission, the board shall not adjourn or postpone or delay the count until it has been fully completed.
Sec. 40. Transfer of counting of votes to safer place. - If on account of imminent danger of violence, terrorism, disorder or similar causes, it becomes necessary to transfer the counting of votes to a safer place, the board, by unanimous approval and concurred in by the majority of the watchers present, may effect such transfer to the nearest safe barangay or school building within the municipality. This fact shall be recorded in the Minutes, and all the members of the board and the watchers shall manifest their approval and concurrence by affixing their signatures therein.
In effecting the transfer, the board shall ensure the safety and integrity of all election documents and paraphernalia. The PNP and/or the AFP in the area in consultation with the Election Officer shall provide adequate security and transport facilities to the members of the board and the election documents and paraphernalia during the transfer and counting of votes.
Sec. 41. Preliminaries to the counting of votes. - The chairman or the poll clerk shall unlock the padlocks, open the ballot box and take out the ballots from the compartment for valid ballots. The board shall then proceed to examine the ballots whether there are:chanroblesvirtuallawlibrary
If, in the course of examination, ballots are found folded together before they were deposited in the box, they shall be placed in the envelope for excess/marked/spoiled/half of torn unused ballots. The envelope shall be signed by the members of the board, sealed and deposited in the compartment for valid ballots.
(b) Ballots with undetached coupons. - In case ballots with undetached coupons are found in the compartment, the coupons shall be removed and deposited in the compartment for spoiled ballots. The ballots shall be included in the pile of valid ballots.
(c) Ballots with the word "spoiled." - If ballots with the word "spoiled" should be found in the compartment, they shall be placed in the envelope for excess/marked/spoiled/half of torn unused ballots. The envelope shall be signed by the members of the board, sealed and deposited in the compartment for spoiled ballots.
(d) Marked ballots. - The board shall then unfold the ballots and determine whether there are any marked ballots. If any should be found, they shall be placed in the envelope for excess/marked/spoiled/half of torn unused ballots. The envelope shall be signed by the members of the board, sealed and deposited in the compartment for valid ballots. Excess and marked ballots shall not be counted. A majority vote of the board of election inspectors shall be sufficient to determine whether any ballot is marked or not. Non-official ballots, which the board of election inspectors may find, except those which have been used as emergency ballots, shall be considered as marked ballots.
Sec. 42. Ballots deposited in the compartment for spoiled ballots. - The ballots deposited in the compartment for spoiled ballots shall be presumed "spoiled," whether or not they contain such notation; but if the board should find that during the voting any valid ballot was erroneously deposited in this compartment, or if any ballot separated as excess or marked had been erroneously deposited therein, the board shall open said compartment after the voting and before the counting of votes for the sole purpose of drawing out of the ballots erroneously deposited therein. The valid ballots so withdrawn shall be mixed with the other valid ballots. Such fact shall be recorded in the Minutes.
Sec. 43. Manner of counting of votes. - The table shall be cleared of all unnecessary writing paraphernalia. The board shall unfold the ballots and form separate piles of one hundred (100) ballots each, held together by rubber bands. The chairman of the board shall take the ballots of the first pile one by one and read the names of the candidates voted for and the offices for which they were voted as well as the name of the party, organization or coalition voted for under the party-list system, in the order in which they appear thereon. During the counting, the chairman, the poll clerk and the third member shall position themselves in such a way as to give the watchers and the public an unimpeded view of the ballot being read by the chairman, as well as of the election returns and tally board being simultaneously accomplished by the poll clerk and the third member, respectively. The watchers and the public shall not touch any of the said election documents.
Any violation hereof shall constitute an election offense.
The poll clerk and the third member shall record in the election returns and in the tally board, respectively, each vote as it is read. Each vote shall be recorded by a vertical line, except every fifth vote, which shall be recorded by a diagonal line crossing the previous four vertical lines.
After finishing the first pile of the ballots, the board shall determine the total number of votes recorded for each candidate, the sum being noted on the tally board or sheet and on the election returns. In case of discrepancy a recount shall be made. The ballots shall again be grouped together as before.
The same procedure shall be followed with the succeeding piles of ballots.
After all the ballots have been read, the board shall affix their initials after the last vote recorded or immediately after the name of the candidate/party, sectoral organization or coalition participating in the party-list system who did not receive any votes. Thereafter, the board shall record, in words and in figures, the total number of votes obtained by each candidate and by each party, organization or coalition participating under the party-list system, both in the election returns and in the tally board. The counted ballots shall be placed in the envelope for the purpose. The envelope shall be closed, signed, sealed and deposited in the compartment for valid ballots. The tally board as accomplished and certified by the board shall not be changed or destroyed but shall be kept in the compartment for valid ballots.
Sec. 44. Rules for the appreciation of ballots. - In the reading and appreciation of ballots, every ballot shall be presumed to be valid unless there is clear and good reason to justify its rejection. The board shall observe the following rules, bearing in mind that the object of the election is to obtain the expression of the voter’s will:chanroblesvirtuallawlibrary
Where the name of a party-list candidate is incompletely written or not in the proper order as appearing in the certified list of parties, the vote for such party, if identifiable, is valid if there is no other party using the same name;
(b) Where only the first name of a candidate is written on the ballot which, when read, has a sound similar to the surname of another candidate, the vote shall be counted in favor of the candidate with such surname. If there are two or more candidates with the same full name, first name or surname and one of them is the incumbent, and on the ballot is written only such full name, first name or surname, the vote shall be counted in favor of the incumbent;
(c) In case the candidate is a woman who uses her maiden or married surname or both and there is another candidate with the same surname, a ballot bearing only such surname shall be counted in favor of the candidate who is an incumbent;
(d) When two or more words are written on the same line on the ballot, all of which are the surnames of two or more candidates, the same shall not be counted for any of them, unless one is a surname of an incumbent who has served for a least one year in which case it shall be counted in favor of the latter;
When two or more words are written on different lines on the ballot all of which are the surnames of two or more candidates bearing the same surname for an office for which the law authorizes the election of more than one and there are the same number of such surnames written as there are candidates with that surname, the vote shall be counted in favor of all the candidates bearing the surname;
(e) When on the ballot is written a single word which is the first name of a candidate and which is at the same time the surname of his opponent, the vote shall be counted in favor of the latter;
(f) When two words are written on the ballot, one of which is the first name of a candidate and the other is the surname of his opponent, the vote shall not be counted for either;
(g) A name or surname incorrectly written which, when read, has a sound similar to the name or surname of a candidate when correctly written shall be counted in his favor;
A name incorrectly written which, when read, has a sound similar to the name of a party when correctly written shall be counted in its favor;
(h) When a name of a candidate appears in a space of the ballot for an office for which he is a candidate and in another space for which he is not a candidate, it shall be counted in his favor for the office for which he is a candidate and the vote for the office for which he is not a candidate shall be considered as stray, except when it is used as a means to identify the voter, in which case, the whole ballot shall be void;
(i) When the name of a party appears in a space of the ballot for an office other than for the party list, it shall be considered stray but it shall not invalidate the whole ballot except when it is used as a means to identify the voter, in which case, the whole ballot shall be void;
If the word or words written on the appropriate blank on the ballot is the identical name or surname or full name, as the case may be, of two or more candidates for the same office none of whom is an incumbent, the vote shall be counted in favor of that candidate to whose ticket belong all the other candidates voted for in the same ballot for the same constituency;
(j) When in a space in the ballot there appears a name of a candidate or party that is erased and another clearly written, the vote is valid for the latter;
(k) The erroneous initial of the first name which accompanies the correct surname of a candidate, the erroneous initial of the surname accompanying the correct first name of a candidate, or the erroneous middle initial of the candidate shall not annul the vote in favor of the latter;
(l) The fact that there exists another person who is not a candidate with the first name or surname of a candidate shall not prevent the adjudication of the vote of the latter;
(m) Ballots which contain prefixes such as "Sr.," "Mr.," "Datu," "Don," "Ginoo," "Hon.," "Gob.," or suffixes like "Hijo," "Jr.," "Segundo," are valid;
(n) The use of the nicknames and appellations of affection and friendship, if accompanied by the first name or surname of the candidate, does not annul such vote, except when they were used as a means to identify the voter, in which case the whole ballot is invalid: Provided, That if the nickname used is unaccompanied by the name or surname of a candidate and it is the one by which he is generally or popularity known in the locality, the name shall be counted in favor of said candidate, if there is no other candidate for the same office with the same nickname;
(o) Any vote containing initials only or which is illegible or which does not sufficiently identify the candidate for whom it is intended shall be considered as a stray vote but shall not invalidate the whole ballot;
The initials of a party shall be considered valid provided they are same initials as appearing in the certified list of parties;
(p) If on the ballot is correctly written the first name of a candidate but with a different surname, or the surname of the candidate is correctly written but with a different first name, the vote shall not be counted in favor of any candidate having such first name and/or surname but the ballot shall be considered valid for other candidates;
(q) Any ballot written with crayon, lead pencil, or in ink, wholly or in part, shall be valid;
(r) Where there are two or more candidates/parties voted for in an office for which the law authorizes the election of only one, the vote shall not be counted in favor of any of them, but this shall not affect the validity of the other votes therein;
(s) If the candidates voted for exceed the number of those to be elected, the ballot is valid, but the votes shall be counted only in favor of the candidates whose names were firstly written by the voter within the space provided for said office in the ballot until the authorized number is covered;
(t) Any vote in favor of a person who has not filed a certificate of candidacy or in favor of a candidate for an office for which he did not present himself shall be considered as a stray vote but it shall not invalidate the whole ballot;
A vote cast for a party not entitled to be voted for shall not be counted;
(u) Ballots containing the name of a candidate or party printed and pasted on a blank space of the ballot or affixed thereto through any mechanical process are totally null and void;
(v) Circles, crosses or lines put on the spaces on which the voter has not voted shall be considered as signs to indicate his desistance from voting and shall not invalidate the ballot;
(w) Unless it should clearly appear that they have been deliberately put by the voter to serve as identification marks, commas, dots, lines, or hyphens between the first name and surname of a candidate, or in other parts of the ballot, traces of the letter "T," "J" and other similar ones, the letters or syllables of names which the voter does not continue, the use of two or more kinds of writing and unintentional or accidental flourishes, strokes or strains, shall not invalidate the ballot;
(x) Any ballot which clearly appears to have been filled by two distinct persons before it was deposited in the ballot box during the voting is totally null and void;
(y) Any vote cast in favor of a candidate or party who has been disqualified by final judgment shall be considered as stray and shall not be counted but it shall not invalidate the ballot;
(z) Ballots wholly written in Arabic in localities where it is of general use are valid. To read them, the board may employ an interpreter who shall take an oath that he shall read the votes correctly;
(aa) The accidental tearing or perforation of a ballot does not annul it; and
(bb) Failure to remove the detachable coupon from a ballot does not annul such ballot.
Sec. 45. Preparation
of election returns and tally board. - The board shall prepare in
own handwriting the election returns and tally board simultaneously
the counting of the votes in their respective polling places. The
returns shall be prepared in seven (7) copies.
2. Voters included by order of the court;
3. Voters excluded by order of the court;
4. Voter who actually voted;
5. Number of ballots received;
6. Ballots found in the compartment for valid ballots;
7. Valid ballots withdrawn from the compartment for spoiled ballots because they were erroneously placed therein;
8. Spoiled ballots;
9. Excess ballots;
10. Ballots found folded together; and
11. Marked ballots.
As the chairman reads the ballots, the poll clerk and the third member shall record simultaneously in the election returns and in the tally board, respectively, the following:chanroblesvirtuallawlibrary
(b) Sub-total of votes obtained by each candidate and party-list candidate after each pile of 100 ballots read.
After all the ballots have been read:chanroblesvirtuallawlibrary
(b) The poll clerk and the third member shall record the total number of votes obtained by each candidate and party-list candidates, in words and figures;
(c) The members of the board shall accomplish the certification portion of the election returns and tally board;
(d) The watchers, if any, shall affix their signatures and imprint their thumbmarks on the right hand portion of the election returns and the tally board; and
(e) The board shall ensure that the entries on the first copy of the election returns are clearly impressed on the other copies.
Sec. 46. Announcement of the result of the election in the polling place. - Upon the completion of the election returns, the chairman shall orally and publicly announce the total number of votes received by each candidate stating their corresponding offices, as well as the total number of votes received by a party, sectoral organization or coalition participating under the party-list system of representation.
Sec. 47. Distribution of election returns. - Immediately after the announcement of results, each copy of the election returns shall be folded, sealed with a serially numbered paper seal and placed in its corresponding envelope to be distributed as follows:chanroblesvirtuallawlibrary
2. The second copy, to the Commission;
3. The third copy, to the provincial board of canvasser or to the Regional Election Director in the case of National Capital Region;
4. The fourth copy, to the dominant majority party as determined by the Commission;
5. The fifth copy, to the dominant minority party as determined by the Commission;
6. The sixth copy, to the citizens’ arm authorized by the Commission to conduct an unofficial count; and
7. The seventh copy, to be deposited inside the compartment of the ballot box for valid ballot.
Sec. 48. Certificate of votes. - After the counting of votes and the announcement of the results of the election in the precinct, and before leaving the polling place, the Third Member shall prepare in the full view of the watchers the Certificate of Votes for Senators, Congressman and Party-List (CE Form No. 9-A) which shall be signed and thumbmarked by all members of the board and the watchers of six (6) accredited major political parties and distributed as follows:chanroblesvirtuallawlibrary
2. The second copy, to be retained by the Chairman of the board;
3. The 3rd, 4th, 5th and 6th copies, to the third, fourth, fifth and sixth accredited major political parties, respectively; and
4. A seventh (7th) copy shall be given to an accredited citizens’ arm as may be determined by the Commission.
In addition, the board shall issue Certificate of Votes (CE Form 13) to local candidates upon request of the candidates or their duly accredited watchers. The certificate shall be signed and thumbmarked by each member of the board and shall contain:chanroblesvirtuallawlibrary
(b) The precinct number;
(c) The name of the city or municipality and province;
(d) The total number of votes who voted in the precinct; and
(e) The date and time of its issuance.
The board shall require the requesting watcher to acknowledge receipt thereof.
The refusal of the chairman and members of the board to furnish said certificate shall constitute an election offense.
Sec. 49. Alteration and correction in the election returns. - Before the announcement of the results of the election in the polling place, the board may, on its own, make any correction or alteration in the election returns provided all the members thereof duly initial the corrections or alterations.
After announcement of the results of the election in the polling place, the board shall not make any alteration or amendment in any of the copies of the election returns, unless so ordered by the Commission upon petition of all or the majority of the members of the board within five (5) days from the date of the election or twenty four (24) hours from the time a copy of the election returns concerned is opened by the board of canvassers, whichever is earlier. The petition shall be accompanied by proof of service upon all candidates affected. If the petition is filed by all members of the board and the result of the election would not be affected by said correction and none of the candidates affected objects thereto, the Commission, upon being satisfied of the veracity of the petition and of the error alleged therein, shall order the board to make the proper correction on the election returns.
However, if a candidate affected by said petition objects thereto, whether the petition is filed by all or only a majority of the members of the board and the result of the election would be affected by the correction sought to be made, the Commission shall proceed summarily to hear the petition. If it finds the petition meritorious and there are no evidence or signs indicating that the identity and integrity of the ballot box have been violated, the Commission shall order the opening of the ballot box. After satisfying itself that the integrity of the ballots therein has also been duly preserved, the Commission shall order the recounting of the votes of the candidates affected and the proper corrections made on the election returns, unless the correction sought is such that it can be made without the need of opening the ballot box.
Sec. 50. Disposition of ballots, boxes, keys, election returns and other documents. - Upon the termination of the counting of votes and the announcement of the results of the election in the precinct, the board shall:chanroblesvirtuallawlibrary
following inside the compartment of the ballot box for valid ballots:chanroblesvirtuallawlibrary
(ii) Election Returns copy for the ballot box; and
(iii) Minutes of Voting and Counting of Votes copy for the ballot box.
used pads of official ballots.
2. Marked Ballots; and
(d) Close the inner compartments of the ballot box, lock them with one (1) self-locking serially numbered metal seal and security tape and then lock the outer cover with three (3) padlocks and one (1) metal seal. The three keys to the padlocks shall be placed in separate envelopes, which shall be sealed and signed by all members of the board.
(e) Deliver the ballot box, accompanied by watchers, to the city or municipal treasurer.
For this purpose, the city/municipal treasurer shall, if necessary, keep his office open all night on the day of the election and shall provide the necessary facilities for said delivery at the expense of the city/municipality.
In case the ballot box delivered by the board is not locked and/or sealed, the treasurer shall lock and/or seal the ballot in the presence of the watchers and/or the board. The treasurer shall include such fact, including the serial number of the self-locking metal seal used, in his report to the Commission.
to the Election Officer:chanroblesvirtuallawlibrary
2. The original copy of the Certificate of Votes for Senator, Congressman and Party-List (CEF No. 9-A);
3. Book of Voters;
4. CVL Form No. 2;
5. CVL Report 1-B;
6. Two (2) copies of the certified list of deactivated voters;
envelopes, each containing a key to a padlock of the ballot box, which
shall each be delivered, under proper receipt, to the:chanroblesvirtuallawlibrary
(ii) Provincial prosecutor; and
(iii) Provincial treasurer.
9. Envelope containing the other half of the torn unused official ballots;
10. List of Voters allowed to vote after the close of voting;
11. Thumbprint takers and all bottles of indelible ink, whether used or unused; and
12. Other pertinent papers and documents.
On the day after the election, the Election Officer or the treasurer, as the case may be, shall require the board who failed to deliver the election documents or paraphernalia mentioned herein to deliver the same immediately.
Sec. 51. Use and preservation of the list of voters. - The Election Officer shall use the precinct book of voters used in the elections to record the voting history of each voter in his area of jurisdiction. He shall keep them in a safe place until such time that the Commission gives instructions on their disposition.
Sec. 52. Omission or erroneous inclusion of documents in ballot box. - If, after locking the ballot box, the board discovers that some documents or articles required to be placed in the ballot box were not placed therein, the board, instead of opening it to place therein said documents or articles, shall deliver the same to the Election Officer. The Election Officer shall take appropriate measures to preserve the integrity of the documents.
In no instance
shall the ballot box be reopened to place therein or to take out
any document or article except in proper cases and with prior written
of the Commission to retrieve copies of the election returns which will
be needed in any canvass. In such instance, the members of the board
the watchers shall be notified of the time and place of the opening of
said ballot box. However, if there are other authentic copies of the
returns outside of the ballot box which can be used in the canvass,
copies of the election returns shall be used in said canvass and the
of the ballot box to retrieve copies of the election returns placed
shall then be dispensed with.
Sec. 53. Delivery and transmittal of election returns and the original copy of the certificate of votes for Senators, Congressman and Party-List (CE Form No. 9-A) to the Election Officer. - The board shall deliver to the Election Officer the original copy of CE Form 9-A and the copies of the election returns intended for the following:chanroblesvirtuallawlibrary
(b) Commission on Elections; and
(c) Provincial board of canvassers.
Sec. 54. Delivery and transmittal of election returns and the original copy of the Certificate of Votes for Senators, Congressman and Party-List (CE Form 9-A) by the Election Officer. - The Election Officer shall segregate all copies of the election returns received from the boards and deposit them in empty ballot boxes. Thereafter, he shall lock each ballot box with three padlocks and metal seal, and deliver the ballot boxes and their keys to the body or offices concerned with sufficient security escort from either the PNP or AFP and watchers of political parties, candidates and the accredited citizens’ arm of the Commission as follows:chanroblesvirtuallawlibrary
2. In municipalities each comprising one legislative district, to their respective district boards of canvassers; and
municipalities, to their respective municipal boards of canvassers.
(b) In areas outside Metro Manila, the ballot boxes containing copies of election returns intended for the city or municipal boards of canvassers, with their keys, shall be immediately delivered to the said boards.
The ballot boxes containing copies of the election returns intended for the Commission and the provincial boards of canvassers, with their keys, shall be submitted by the Election Assistant of the office of the Election Officer to the office of the PES, using the fastest means of transportation available not later than twelve o’clock noon on May 15, 2001.
If within six hours of the first delivery, not all of the election returns from the precincts of the city or municipality have been submitted, the Election Officer shall designate another personnel in his office who is trustworthy to receive and deliver the remaining copies of the election returns to the office of the PES.
In all instances, the Election Officer and the Election Assistant shall observe and comply with the above procedure of delivering said copies of the election returns at intervals of six hours or shorter when possible until all the election returns in his jurisdiction are delivered to the office of the PES not later the May 16, 2001.
The most senior and able Election Assistant in the office of the PES shall receive the copies of the election returns delivered by the Election Assistants of the cities/municipalities of the province, issue proper receipt therefor and immediately submit said returns to the provincial board of canvassers. For the purposes of transmitting copies of the election returns intended for the Commission, the PES shall designate the most senior Election Assistant to transmit the same to the Commission on Elections in Manila, within twelve hours from the first delivery, using the fastest means of transportation. Election returns which are received after the departure of said personnel of the Office of the PES shall delivered to the Commission in Manila by another responsible personnel from the office of the PES within twelve hours from the first delivery.
In all instances, the PES shall see to it that the above procedure of delivering copies of the election returns at intervals of twelve hours or shorter when possible is faithfully complied with so that all election returns copy for the Commission are delivered not later than May 17, 2001.
In every case, delivery shall be undertaken with sufficient security escort and watchers of candidates, parties, organization or coalition.
The original of the Certificate of Votes for Senators, Congressman and Party-List (CEF No. 9-A) shall be delivered and transmitted by the Election Officer to the central office by the fastest means of delivery observing the foregoing procedures where applicable and abiding by the security measure provided herein.
Sec. 55. Special procedures. - The express provisions of this resolution notwithstanding, the Commission may, in exceptional cases, adopt special procedures in the transmission, storage, custody, distribution and retrieval of accountable and non-accountable forms and election paraphernalia to fulfill its constitutional mandate to ensure free, orderly, honest, peaceful and credible elections.
Sec. 56. Effectivity. - This resolution shall take effect on the seventh day after its publication in two (2) daily newspapers of general circulation in the Philippines.
Sec. 57. Publication and Dissemination. - Let the Education and Information Department, this Commission, immediately cause the publication of this resolution and furnish copies thereof to all election officers, provincial election supervisors and regional election directors at least thirty (30) days before election, and to all boards of election inspectors at least fifteen (15) days before election.
(Sgd.) ALFREDO L. BENIPAYO, Chairman
(Sgd.) LUZVIMINDA G. TANCANGCO, Commissioner
(Sgd.) RUFINO S.B. JAVIER, Commissioner
(Sgd.) RALPH C. LANTION, Commissioner
(Sgd.) MEHOL K. SADAIN, Commissioner
(Sgd.) RESURRECCION Z. BORRA, Commissioner
(Sgd.) FLORENTINO A. TUASON, Jr., Commissioner
Promulgated: 12 March 2001.