CASTING AND COUNTING OF VOTES

INTRODUCTION

Definition of Terms:
The Automated Election System (AES) is a system using appropriate technology which has been
demonstrated in the voting, counting, consolidating, canvassing, and transmission of election results, and
other electoral processes. It is intended to address the decades-old system of manual elections and its
various deficiencies by improving on the election process and adopting methods, which involve the use of an
electronic system that ensures the secrecy and sanctity of the ballot and improve consolidation and
transmission of documents. The system must be transparent and credible and result in the fast and accurate
count reflective of the genuine will of the people.
The Board of Election Inspectors (BEI) It is the body that conducts the voting and counting of votes in
their respective polling places and acts as deputies of the Commission on Elections (COMELEC) in the
supervision and control of the election in their assigned polling places.
Watchers They are persons assigned (as by a political party or candidate) to observe activities at a polling
place to guard against illegal voting, fraudulent counting of ballots, and other violations of election laws.

Appointment of the BEI:

The COMELEC, through its Election Officer, shall constitute the BEI for each precinct/clustered precinct
from the list of all public school teachers submitted by the Department of Education's (DepEd) highest official
within the city/municipality/school district. (Section 1, COMELEC Resolution No. 9640, February 15, 2013)

Composition of the BEI:

1. 1 Chairman; and
2. 2 Members, one of whom giving preference to those with permanent appointment and those who served in
the immediately preceding National and Local Elections. (Section 1, COMELEC Resolution No. 9640,
February 15, 2013)

Note: In all cases, the Election Officer shall ensure that at least one (1) member of the BEI shall be an information
technology-capable person as certified by the Department of Science and Technology (DOST) after the training of the
same. (Section 1, COMELEC Resolution No. 9640, February 15, 2013)

What happens if there are not enough public school teachers?

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 as members of the BEI; provided, that the chairman shall be a public school teacher.
(Section 1, COMELEC Resolution No. 9640, February 15, 2013)

Qualifications of Members of the BEI:

No person shall be appointed as chairman or member of the BEI, whether regular, substitute or temporary, unless he

a. Is of good moral character and irreproachable reputation;

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;
d. Has no pending case against him filed in COMELEC/count for any election offense; and
e. Is able to speak, read and write English or the local dialect. (Section 2, COMELEC Resolution No. 9640,
February 15, 2013)

Disqualification of Members of the BEI: No person shall serve as chairman or member of the BEI if he or his
spouse is related within the fourth civil degree of consanguinity or affinity to any member of the same BEI or to any
candidate to be voted for or to the latter's spouse. Violation of this provision shall constitute an election offense as
provided in Section 261 (bb), sub-par (3) of the Omnibus Election Code. (Section 3, COMELEC Resolution No. 9640,
February 15, 2013)

Official Watchers of Candidates, Political Parties and other groups:

Each candidate and registered political party or coalition of political parties duly registered with the
Commission and fielding candidates in the election, as well as duly accredited citizens' arms may appoint
two watchers, to serve alternately, in every polling place.
Candidates for Senator, candidates for Member, Sangguniang Panlalawigan or Sangguniang Panlungsod,
or Sangguniang Bayan, or ARMM Regional Legislative Assembly belonging to the same party or coalition
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 civil, professional, business, service, youth, and any other similar organizations shall, with prior
authority of the Commission, be entitled collectively to appoint one watcher in every polling place. (Section
17, COMELEC Resolution No. 9640, February 15, 2013)

What happens if all watchers cannot be accommodated in the polling place because of limited space?
If, because of limited space, all watchers cannot be accommodated in the polling place, preference shall be
given to the watchers of the dominant majority and dominant minority parties as determined by the
Commission, and the watcher of the citizens arm, the Parish Pastoral Council for Responsible Voting
(PPCRV), with the latter given preferential position closest to the BEI. (Section 17, COMELEC Resolution
No. 9640, February 15, 2013)
Qualifications of Watchers:
No person shall be appointed watcher unless he
a. Is a registered voter of the city or municipality where he is assigned;
b. Is of good reputation;
c. Has not have been convicted by final judgment of any election offense or of any other crime;
d. Knows how to read and write Filipino, English or the prevailing local dialect; and
e. Is not related within the fourth civil degree of consanguinity or affinity to the chairman, or to any other
member of the BEI in the polling place where he seeks appointment as a watcher. (Section 18, COMELEC
Resolution No. 9640, February 15, 2013)

CASTING OF VOTES

Voting hours: The casting of votes shall start at seven o'clock (7:00 am) in the morning and shall end at three
o'clock (3:00 pm) in the afternoon, except when there are voters present within thirty meters in front of the polling
place who have not yet cast their votes, in which case the voting shall continue but only to allow said voters to cast
their votes without interruption. (Section 190, Omnibus Election Code)

Preliminaries to the voting:

The board of election inspectors shall meet at the polling place at six-thirty o'clock (6:30 am) in the morning
of election day and shall have the following:
o The book of voters containing all the approved applications of registration of voters pertaining to the
polling place;
o The certified list of voters;
o The certified list of candidates
o The ballot box;
o The official ballots;
o Sufficient indelible pencils or ball pens for the use of the voters;
o The forms to be used; and
o All other materials which may be necessary.
The chairman of the board of election inspectors shall open the ballot box, empty both of its compartments,
exhibit them to all those present and being empty, lock its interior covers with three padlocks.
The chairman shall forthwith show to the public and the watchers present the package of official ballots
received from the city, or municipal treasurer duly wrapped and sealed and the number of pads, the serial
numbers and the type forms of the ballots in each pad appearing on the cover, and the book of voters duly
sealed.
The board of election inspectors shall then break the seals of the package of official ballots and the book of
voters.
The board of election inspectors shall enter in the minutes the fact that the package of ballots, and the book
of voters were shown to the public with their wrapping and corresponding seals intact and/or if they find that
the wrapping and seals are broken, such fact must be stated in the minutes as well as the number of pads
and the serial numbers of ballots that they find in the package.
The chairman and the two party members of the board of election inspectors shall retain in their possession
their respective keys to the padlocks during the voting.
The box shall remain locked until the voting is finished and the counting begins. (Section 191, Omnibus
Election Code)

Note: In addition to the preliminary acts before the voting as enumerated in Section 191 of Batas Pambansa Blg.
881, the chairman and the poll clerk of the board of election inspectors shall affix their signatures at the back of each
and every official ballot to be used during the voting. A certification to that effect must be entered in the minutes of the
voting. (Section 15, R.A. No. 6646 or The Electoral Reforms Law of 1987)

Spurious Ballots These are ballots with separately printed serial numbers. They shall not be utilized by the board
of election inspectors unless the Commission representative shall order their use in writing, stating the reasons
therefor. (Section 191, Omnibus Election Code)

Persons allowed in and around the polling place:

1. Members of the board of election inspectors;
2. Watchers;
3. Representatives of the Commission;
4. Voters casting their votes;
5. Voters waiting for their turn to get inside the booths whose number shall not exceed twice the number of
booths; and
6. Voters waiting for their turn to cast their votes whose number shall not exceed twenty at any one time.
(Section 192, Omnibus Election Code)

Prohibited persons to stay inside the polling place:

It shall be unlawful for any officer or member of the Armed Forces of the Philippines including the
Philippine Constabulary or the Integrated National Police or peace officer or any armed person
belonging to any extra-legal police agency, special forces, reaction forces, strike forces, home
defense units, barangay tanod, or other similar forces or para-military forces, including special
forces, security guards, special policeman, and all other kinds of armed or unarmed extra-legal
police officers, to enter any polling place, unless it is his polling place where he will vote but in such case
he should immediately leave the polling place, no policeman or peace officer shall be allowed to enter or
stay inside the polling place except when there is an actual disturbance of the peace and order therein.
 It shall likewise be unlawful for any barangay official to enter and stay inside any polling place except to
vote or except when serving as a watcher or member of the board of election inspectors, in which case, he
shall leave the polling place immediately after voting. (Section 192, Omnibus Election Code)

Necessity of a policeman or any peace officer near the polling place:

However, the board of election inspectors upon majority vote, if it deems necessary, may make a call in
writing, duly entered in the minutes, for the detail of a policeman or any peace officer for their protection or
for the protection of the election documents and paraphernalia, in which case, the said policeman or peace
officer shall stay outside the polling place within a radius of thirty meters near enough to be easily called by
the board of election inspectors at any time, 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. (Section 192, Omnibus Election Code)

Order of voting:
The voters shall vote in the order of their entrance into the polling place. The voters shall have the right to
freely enter the polling place as soon as they arrive unless there are voters waiting inside, in which case
they shall fall in line in the order of their arrival and shall not crowd around the table of the board of election
inspectors. The voters after having cast their votes shall immediately depart. (Section 193, Omnibus Election
Code)

Manner of obtaining ballots:

The voter shall approach the chairman and shall give his name and address together with other data
concerning his person.
In case any member of the board of election inspectors doubts the identity of the voter, the board of election
inspectors shall check his voter's identification card or, if he does not have any, the board of election
inspectors shall refer to his photograph and signature in the voter's application for registration.
If the board of election inspectors 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 if having been challenged, the question has been decided in his
favor, the voter shall forthwith affix his signature in the proper space in the voting record, and the chairman
shall, after first entering the number of the ballot in the corresponding space of the voting record, deliver to
the voter one ballot correctly folded.
Note: No person other than the chairman shall deliver official ballots nor shall more than one ballot be delivered at
one time. (Section 194, Omnibus Election Code)

Manner of preparing the ballot:

The voter, upon receiving his folded ballot, shall forthwith proceed to one of the empty voting booths and
shall there fill his ballot by writing in the proper space for each office the name of the individual candidate for
whom he desires to vote. (Section 195, Omnibus Election Code)

Prohibited acts in preparing the ballot:

No voter shall be allowed to enter a booth occupied by another, nor enter the same accompanied by
somebody, except as provided for in the succeeding section hereof, nor stay therein for a longer time than
necessary, nor speak with anyone other than as herein provided while inside the polling place.
It shall be unlawful to prepare the ballot outside the voting booth, or to exhibit its contents to any person, or
to erase any printing from the ballot, or to intentionally tear or deface the same or put thereon any
distinguishing mark.
It shall likewise 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 other means to identify the vote of the voter. (Section 195,
Omnibus Election Code)

Preparation of ballots for illiterate and disabled persons:

A voter who is illiterate or physically unable to prepare the ballot by himself may be assisted in the
preparation of his ballot:
o by a relative, by affinity or consanguinity within the fourth civil degree; or
o if he has none, by any person of his confidence who belong to the same household; or
o any member of the board of election inspectors, except the two party members. (Section 196,
Omnibus Election Code)

Prohibited acts in the preparation of ballots for illiterate and disabled persons:
No voter shall be allowed to vote as illiterate or physically disabled unless it is so indicated in his registration
record.
In no case shall an assistor assist more than three times except the non-party members of the board of
election inspectors. (Section 196, Omnibus Election Code)

Duties of the person assisting the illiterate or disabled voter:

1. The person thus chosen shall prepare the ballot for the illiterate or disabled voter inside the voting booth.
2. The person assisting shall bind himself in a formal document under oath to fill out the ballot strictly in
accordance with the instructions of the voter and not to reveal the contents of the ballot prepared by him.
Note: Violation of this provision shall constitute an election offense. (Section 196, Omnibus Election Code)
 Case No. 1:

THE UNITED STATES vs. ELIAS CUETO, G.R. No. L-13626, October 29, 1918

Facts:

In the general elections held on June 6, 1916, Elias Cueto, was an election inspector for an election precinct in the
municipality of Tiaong, Province of Tayabas. For the position of municipal president of this municipality, two
gentlemen named Mayo and Magbiray were the candidates. Toribio Briones, a qualified elector, belonged to the
Mayo party. He was given a slip containing the slate of the candidates of the Mayo faction for the different offices,
such as is circulated at election time, and with this in his possession entered the polling place. Being a disabled
person, because of failing sight and rheumatism in his hand, although still able when necessary to read and write,
Briones secured the assistance of Cueto to prepare his ballot. Instead, however, of copying the name of Mayo, the
candidate for municipal president found on the slip of paper, for whom Briones desired to vote, Cueto inserted the
name of Magbiray. When once outside the dark booth, Briones noticed that his ballot contained the name of Magbiray
and on his objecting anew ballot with the Name of Mayor was prepared for him by the election inspector.

Issue:

Whether or not Cueto violated the election law.

Ruling:

Yes. Cueto was an election inspector. To hold this office it was necessary for him to have certain qualifications. He
had to be qualified elector of his precinct, of good character, not convicted of an offense involving moral turpitude,
and able to read, write, and speak either English, Spanish, or the local dialect understandingly. The accused took an
oath honestly and unjustly to administer his duties according to the Election Law without prejudice or favor toward
any person, candidate, party, society, or religious sect. One of his functions was, in conjunction, with another
inspector to prepare ballots for disabled persons. The made it his duty, and his duty only, with another inspector, to
ascertain the wishes of the disabled voter and to prepare the ballot of the voter in proper form according to his
wishes.

The election inspector in giving assistance to a disable voter has but on function to perform, namely, the mechanical
act of preparing the ballot. The exercise of any discretion as to the selection of candidate for the voter assisted is
prohibited to the maker, and the substation of his own for the voter's choice in such selection is a flagrant violation of
an official trust. An inspector who fails to write upon the ballot the name or names expressly indicated by the voter is
guilty of a fraud practiced against the voter and thus of a violation of the penal provisions of the Election Law.

The defendant not only convicts himself out of his own mouth of an attempt to defeat the will of the people of this
district in their effort to choose their representatives in the legislative branch of the government, but also violated his
oath of office in which he asked God to help him honestly and justly to administer his duties as an inspector of
elections without prejudice or favor towards any person, candidate, party, society, or religious sect, which oath must
have been taken freely or without evasion or mental reservation whatsoever. (Section 516, Act No. 2657; section 419,
Act No. 2711.) In addition to convicting himself of an attempt to violate the rights of the people, together with the
violation of a solemn oath, he also convicts himself of the falsification of a public document, and might be punished
for the latter offense in a manner very much more severe than for the crime for which he is being tried. (Articles 300
and 301 of the Penal Code, as amended by Act No. 2712.)

The law provides as a punishment for an election officer who fails to perform his official duties, imprisonment for not
less than one month nor then one year or by fine of not less than P200 nor more than P500 or both. (Section 2639,
Administrative Code of 1917.) In the decision above quoted, the maximum penalty was, for good reasons, imposed.
There the facts were aggravated because the election officer had manipulated and changed the election totals.
Herein, while the inner purpose of the defendant as just as bad, the result was not disastrous. However, believing that
either the maximum or a penalty approaching the maximum, should always be imposed on election officers who
violate law we must proceed to increase the sentence imposed by the lower court so that the defendant and appellant
shall be condemned to six months imprisonment, and to pay a fine of P250, with subsidiary imprisonment in case of
insolvency, and with the costs of both instances against him. So ordered.

Spoiled Ballot It is a ballot where it is accidentally defaced by the voter such that it can no longer be possibly used.
It is an invalid ballot.

Procedure in case of Spoiled Ballots:

If a voter should accidentally spoil or deface a ballot in such a way that it cannot lawfully be used, he shall
surrender if folded to the chairman who shall note in the corresponding space in the voting record that said
ballot is spoiled.
The voter shall then be entitled to another ballot which the chairman shall give him after announcing the
serial number of the second ballot and recording said serial number in the corresponding spaces in the
voting record.
If the second ballot is again spoiled or defaced in such a way that it cannot lawfully be used, the same shall
be surrendered to the chairman and recorded in the same manner as the first spoiled or defaced ballot.
Note: However, no voter shall change his ballot more than twice. (Section 197, Omnibus Election Code)

Another note: The spoiled ballot shall, without being unfolded and without removing the detachable coupon, be
distinctly marked with the word "spoiled" and signed by the board of election inspectors on the endorsement fold
thereof and immediately placed in the compartment for spoiled ballots. (Section 197, Omnibus Election Code)
Voting:
a. After the voter has filled his ballot he shall fold it in the same manner as when he received it and return it to
the chairman.
b. In the presence of all the members of the board of election inspectors, he shall affix his thumbmark on the
corresponding space in the coupon, and deliver the folded ballot to the chairman.
c. The chairman, in the presence and view of the voter and all the members of the board of election inspectors,
without unfolding the ballot or seeing its contents, shall verify its number from the voting record where it was
previously entered.
d. The voter shall forthwith affix his thumbmark by the side of his signature in the space intended for that
purpose in the voting record and the chairman shall apply silver nitrate and commassie blue on the right
forefinger nail or on any other available finger nail, if there be no forefinger nail.
e. The chairman shall sign in the proper space beside the thumbmark of the voter.
f. The chairman, after finding everything to be in order, shall then detach the coupon in the presence of the
board of election inspectors and of the voter and shall deposit the folded ballot in the compartment for valid
ballots, and the detached coupon in the compartment for spoiled ballots.
g. The voter shall then depart. (Section 198, Omnibus Election Code)

Note: Any ballot returned to the chairman whose detachable coupon has been removed not in the presence of the
board of election inspectors and of the voter, or any ballot whose number does not coincide with the number of the
ballot delivered to the voter, as entered in the voting record, shall be considered as spoiled ballot and shall be so
marked and signed by the members of the board of election inspectors. (Section 198, Omnibus Election Code)

Challenge of illegal voters:

Any voter, or watcher may challenge any person offering to vote based on the following grounds
For not being registered;
For using the name of another; or
For suffering from existing disqualification.
* In such case, the board of election inspectors shall satisfy itself as to whether or not the ground for the challenge is
true by requiring proof of registration or the identity of the voter. (Section 199, Omnibus Election Code)

Note: No voter shall be required to present his voter's affidavit on election day unless his identity is challenged. His
failure or inability to produce his voter's affidavit upon being challenged, shall not preclude him from voting if his
identity be shown from the photograph, fingerprints, or specimen signatures in his approved application in the book of
voters or if he is identified under oath by a member of the board of election inspectors and such identification shall be
reflected in the minutes of the board. (Section 199, Omnibus Election Code)

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 received or expects to receive
Has paid, offered or promised to pay money or anything of value as consideration for
Has contributed, offered or promised to contribute his vote or for the vote of another;
Has made or received a promise to influence the giving or withholding of any such vote; or
Has made a bet or is interested directly or indirectly in a bet which depends upon the result of the election.
(Section 200, Omnibus Election Code)

Taking of oath by the challenged person:

The challenged person shall take a prescribed oath before the board of election inspectors that he has not committed
any of the acts alleged in the challenge.
Upon the taking of such oath the challenge shall be dismissed and the challenged voter shall be allowed
to vote.
In case of his refusal to take such oath the challenge shall be sustained and he shall not be allowed to
vote. (Section 200, Omnibus Election Code)

What is the effect of admission of challenged vote?

The admission of the challenged vote under the two preceding sections shall not be conclusive upon any
court as to the legality of the registration of the voter challenged or his vote in a criminal action against such
person for illegal registration or voting. It is immaterial in criminal proceedings. (Section 201, Omnibus
Election Code)

Record of challenges and oaths:

The poll clerk shall keep a prescribed record of challenges and oaths taken in connection therewith and the
resolution of the board of election inspectors in each case and, upon the termination of the voting, shall
certify that it contains all the challenges made.
The original of this record shall be attached to the original copy of the minutes of the voting as provided in
the succeeding section. (Section 202, Omnibus Election Code)

Procedure in the disposition of unused ballots at the close of the voting hours:
The chairman of the board of election inspectors shall prepare a list showing the number of unused ballots
together with the serial numbers.
This list shall be signed by all the members of the board of election inspectors.
Thereafter, all the unused ballots shall be torn halfway in the presence of the members of the board of
election inspectors. (Section 204, Omnibus Election Code)
Prohibition of premature announcement of voting:
No member of the board of election inspectors shall, before the termination of the voting, make any announcement as
to
1. Whether a certain registered voter has already voted or not;
2. How many have already voted;
3. How many so far have failed to vote;
4. Any other fact tending to show or showing the state of the polls;
5. Nor shall he make any statement at any time, except as witness before a court, as to how any person voted.
(Section 205, Omnibus Election Code)

COUNTING OF VOTES

Counting to be public and without interruption:

As soon as the voting is finished, the board of election inspectors shall publicly count in the polling place the
votes cast and ascertain the results. The Board may rearrange the physical set up of the polling place for the
counting or perform any other activity with respect to the transition from voting [to] counting. However, it may
do so only in the presence of the watchers and within close view of the public. At all times, the ballot boxes
and all election documents and paraphernalia shall be within close view of the watchers and the public.
(Section 206, Omnibus Election Code, as amended by R.A. No. 9369)

Transfer of Counting of Votes to Safer Place:

As applicable (i.e. manual voting), 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 of inspectors may
effect such transfer by unanimous approval by the board and concurrence by the majority of the watchers
present. This fact shall be recorded in the minutes of voting and the members of the board and the watchers
shall manifest their approval or concurrence by affixing their signatures therein. The Commission shall issue
rules and guidelines on the matter to secure the safety of the members of the board, the watchers, and all
election documents and paraphernalia. (Section 18, R.A. No. 6646 or The Electoral Reforms Law of 1987)

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 of election inspectors shall observe the following rules, bearing in mind that
the object of the election is to obtain the expression of the voter's will:
1. Where only the first name of a candidate or only his surname is written, the vote for such candidate is valid,
if there is no other candidate with the same first name or surname for the same office.
2. 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.
3. 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.
4. 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 at least one year in which case it shall be counted in favor of the latter.
5. 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.
6. 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.
7. When two words are written on the ballot, one of which is the first name of the candidate and the other is the
surname of his opponent, the vote shall not be counted for either.
8. 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;
9. 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.
10. 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.
11. When in a space in the ballot there appears a name of a candidate that is erased and another clearly
written, the vote is valid for the latter.
12. 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.
13. 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.
14. Ballots which contain prefixes such as "Sr.", "Mr.", "Datu", "Don", "Ginoo", "Hon.", "Gob." or suffixes like
"Hijo", "Jr.", "Segundo", are valid.
15. 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 popularly 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.
16. 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.
17. 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 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.
18. Any ballot written with crayon, lead pencil, or in ink, wholly or in part, shall be valid.
19. Where there are two or more candidates 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.
20. 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 spaces
provided for said office in the ballot until the authorized number is covered.
21. 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.
22. Ballots containing the name of a candidate printed and pasted on a blank space of the ballot or affixed
thereto through any mechanical process are totally null and void.
23. 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.
24. 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 first 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.
25. 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.
26. Any vote cast in favor of a candidate who has been disqualified by final judgment shall be considered as
stray and shall not be counted but it shall not invalidate the ballot.
27. Ballots wholly written in Arabic in localities where it is of general use are valid. To read them, the board of
election inspectors may employ an interpreter who shall take an oath that he shall read the votes correctly.
28. The accidental tearing or perforation of a ballot does not annul it.
29. Failure to remove the detachable coupon from a ballot does not annul such ballot.
30. A vote for the President shall also be a vote for the Vice-President running under the same ticket of a
political party, unless the voter votes for a Vice-President who does not belong to such party. (Section 211,
Omnibus Election Code)

Counting Procedure under the AES:

The Commission shall prescribe the manner and procedure of counting the votes under the automated
system: Provided, That apart from the electronically stored result, thirty (30) copies of the election return are
printed." (Section 21, R.A. No. 8346, as amended by R.A. No. 9369)

Election returns under the AES:

Each copy of the printed election returns shall bear appropriate control marks to determine the time and
place of printing. Each copy shall be signed and thumbmarked by all the members of the board of election
inspectors and the watchers present. If any member of the board of election inspectors present refuses to
sign, the chairman of the board shall note the same copy in each copy of the printed election returns. The
member of the board of election inspectors concerned refusing to sign shall be compelled to explain his or
her refusal to do so. Failure to explain an unjustifiable refusal to sign each copy of the printed election return
by any member of the board of election inspectors shall be punishable as provided in this Act. The chairman
of the board shall then publicly read and announce the total numbers of registered voters, the total number
of voters who actually voted and the total numbers of votes obtained by each candidate based on the
election returns. (Section 22, R.A. No. 8346, as amended by R.A. No. 9369)
Thereafter, the copies of the election returns shall be sealed and placed in the proper envelopes for
distribution (30 copies for the election of president, vice-president, senators and party-list system and 30
copies for the election of local officials and members of the House of Representatives). (Section 22, R.A.
No. 8346, as amended by R.A. No. 9369)

Random Manual Audit under the AES:

Where the AES is used, there shall be a random manual audit in one precinct per congressional district
randomly chosen by the Commission in each province and city. Any difference between the automated and
manual count will result in the determination of root cause and initiate a manual count for those precincts
affected by the computer or procedural error." (Section 29, R.A. No. 8346, as amended by R.A. No. 9369)

Authentication of Electronically Transmitted Election Results:

The manner of determining the authenticity and due execution of the certificates shall conform with the
provisions of Republic Act No. 7166 as may be supplemented or modified by the provisions of this Act,
where applicable, by appropriate authentication and certification procedures for electronic data, electronic
documents and electronic signatures as provided in Republic Act No. 8792 as well as the rules promulgated
by the Supreme Court pursuant thereto." (Section 30, R.A. No. 8346, as amended by R.A. No. 9369)
Electronic Transmission of the Election Returns:
For the purpose of the canvass of election returns, it shall automatically transmit a copy of the election
returns that shall be used by the Board of Canvassers (BOC). The printed copy of the election returns,
signed by the members of the BEI, will be utilized for record and verification purposes only.
For electronic transmission purposes, the electronically signed election returns prepared by the machine and
signed by the BEI shall be used. Each member of the BEI is furnished with an electronic passkey or iButton
for the purpose of digitally signing the election returns.

* Like the manual method, refusal to sign the election return manually or electronically shall be considered an election
offense. If the returns are successfully transmitted to the BOC server and the central server, a message appears on
the screen to this effect.

* The election returns transmitted electronically and digitally signed shall be considered as official election results and
shall be used as the basis for the canvassing of votes and the proclamation of a candidate.

After printing all the necessary reports, the BEI shall:

Affix their signatures and thumbmarks on the 30 printed election returns; and
Ask the watchers present to affix their signatures on the printed election returns.

No postponement of counting:
Unless otherwise ordered by the Commission, the BEI shall not stop or postpone the counting until it has
been completed.

Disposition of election returns:

After printing of the election returns, the BEI shall individually fold the first eight (8) copies of election returns,
seal each of them with serially numbered paper seals, place in the envelope and seal the envelopes for
distribution to the entities concerned.

Proclamation of the result of the election in the polling place:

Upon the completion of the election returns, the chairman of the board of election inspectors shall orally and
publicly announce the total number of votes received in the election in the polling place by each and every
one of the candidates, stating their corresponding office. (Section 213, Omnibus Election Code)

Case No. 2

MA. AMELITA C. VILLAROSA vs. THE HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL and
RICARDO V. QUINTOS, G.R. No. 143351, September 14, 2000

Facts:

Ma. Amelita C. Villarosa and Ricardo V. Quintos were the only candidates for the office of Representative of the Lone
Legislative District of Occidental Mindoro in the May 11, 1998 synchronized national and local elections. On May 27,
1998 the Provincial Board of Canvassers proclaimed Villarosa as the winning candidate with a margin of 3,032 votes.
Quintos contested the proclamation of Villarosa contesting the results of the election in all the 882 precincts in the
eleven municipalities of Occidental Mindoro on the following grounds: (1) the ballots were misread and counted in
favor of protestee; (2) there was rampant substitute voting, i.e., persons other than the registered voters voted; (3)
violence and intimidation were committed by protestee and her followers against known supporters of protestant to
enhance protestees candidacy; 4) previously prepared ballots for the protestee were deposited in the ballot boxes;
and (5) illiterate Mangyan voters voting for protestant were assisted by self-appointed assistors of protestee, who
wrote JTV on the ballots contrary to the instruction of said illiterate voters.

Issue:

Whether or not JTV votes should be counted in favor of Villarosa. JTV is the nickname of Villarosas husband, who
is the incumbent representative of Occidental Mindoro.

Ruling:

No. The HRET held against VILLAROSA for various reasons. First, in her affidavit asking for the insertion of GIRLIE
between her given name and surname she stated that she was known as GIRLIE in every barangay of the Province
of Occidental Mindoro. This is an admission that, indeed, her nickname is not JTV but GIRLIE. In fact, votes cast
for GIRLIE were credited in her favor. Hence, the counting in her favor of ballots bearing JTV votes on the line for
Representative would be tantamount to injustice because that would allow VILLAROSA to use two nicknames,
GIRLIE and JTV, which would be in violation of the second paragraph of Section 74 of the Omnibus Election Code
allowing candidates to use only one nickname or stage name by which they are generally or popularly known in the
locality.

The use by Villarosa of JTV as her nickname or stage name, as indicated in her Certificate of Candidacy, was a
clever ruse or ploy to make a mockery of the election process. Therefore, the HRET did not commit any grave abuse
of discretion in ruling that JTV votes should not be counted in favor of Villarosa. They are stray votes.