COUNTING OF VOTES
any election offense.
Who does the counting?
A. Board of Election Inspectors (BEI)
The members of the BEI are the front-line
election officers. They perform such duties
and responsibilities that make them foot
soldiers who see to it that elections are free,
honest and orderly and are essential to the
holding of elections.
1. Members (Sec. 164, BP 881; Sec.13, RA
6646; COMELEC Res. No. 8786)
a. Chairman
b. Poll clerk
c. Two members, those with
permanent appointment and who
served in the immediately preceding
national and local elections.
In all cases, the Election Officer
shall ensure that at least one
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.
When there are not enough public
school teachers, the following may
be appointed for election duty:
 Employees in civil service
 Teachers in private schools
 Other citizens of known
probity and competence
who are registered voters
of the city or municipality.
 Provided, the chairman
must be a public school
teacher.
2. Qualifications (Sec. 166, BP 881)
a. Good moral character and
irreproachable reputation.
b. Registered voter of the city or
municipality
c. Never been convicted of any
election offense or any other crime
punishable by more than 6 months
of imprisonment and there is no
information pending against him for
d. Speak, read and write English or the
local dialect.
e. At least 1 member of the Board shall
be an information technology (IT) -
capable person who is trained and
certified by DOST to use the
Automated Elections System (AES)
(Sec. 3, RA 9369)
3. Disqualifications (Sec. 173, BP 881)
a. Related within 4th degree of
consanguinity or affinity to any
member of the BEI.
b. Related within 4th degree of
consanguinity or affinity to any
candidate to be voted for in the
polling place or his spouse.
c. Engaged in any partisan political
activity or those who take part in the
election (except to discharge his
duties as such and to vote)
4. How constituted and appointed
They are constituted by the COMELEC
directly or through its duly authorized
representatives, for each precint:
a. At least 30 days before the date
when the voter’s list to be prepared
in case of a regular election.
b. At least 15 days before a special
election.
5. Oath of office (Sec. 165, BP 881)
The members, whether permanent,
substitute or temporary, shall before
assuming their office, take and sign an
oath before an officer authorized to
administer oaths or, in his absence,
before any other member of the board of
election inspectors present, or, in case no
one is present, they shall take it before
any voter.
The oath shall be immediately sent to the
city or municipal treasurer.
6. Powers of the BEI
a. Conduct the voting in the polling
place and administer the electronic
counting of votes, including the
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 testing and sealing of the PCOS
machine.
b. Print the election returns and
transmit electronically the election
results through the use of the PCOS
machine to the:
a. City/Municipal Board of
Canvassers
b. Central Server
c. Transparency Server
c. Act as deputies of the Commission
in the conduct of elections.
d. Maintain order within the polling
place and its premises;
Keep access thereto open and
unobstructed;
Enforce obedience to its lawful
orders and
Prohibit the use of cellular phones
and camera by the voters.
If any person refuses to obey the
lawful orders of the BEI or conducts
himself in a disorderly manner in its
presence or within its hearing and
interrupts or disturbs its
proceedings, the BEI may issue an
order in writing directing any peace
officer to take the person into
custody until adjournment of the
meeting. But such order shall not be
executed as to prevent said person
from voting.
A copy of such written order shall
be attached to the minutes.
e. Furnish to watchers Certificate of
Votes (CEF No. A13) upon request.
f. Perform such other functions as
prescribed by the Code or by the
rules and regulations promulgated
by the Commission.
7. Start of counting - As soon as the voting
is finished, the BEI shall publicly count
in the polling place the votes cast and
ascertain the results. The BEI shall not
adjourn or postpone or delay the count
until it has been fully completed, unless
otherwise ordered by COMELEC.
8. Place of counting – At the polling
places. (Sec. 168, BP 881)
 It is defined as the place where
the Board of Election
Inspectors conducts its
proceeding and where the
voters cast their votes. (Sec.
3(l), RA No. 8189)
 However, on account of
imminent danger of widespread
violence or similar cases of
comparable magnitude,
COMELEC may order that BEI
count the votes and accomplish
the election returns and other
forms prescribed under the
Code in any other place within
a public building in the same
municipality or city.
 This shall not be located within
the perimeter nor inside a
military or police camp,
reservations, detachment or
field office nor within the
premises of prison or detention
bureau or any law enforcement
of investigation agency.
Marked Ballots
These contain a mark intentionally written or placed
by the voter for the purpose of identifying the ballot or
the voter.
The distinguishing mark which the law forbids to be
placed in the ballot is that which the elector may have
placed with the intention of facilitating the means of
identifying said ballot for the purpose of defeating
secrecy of suffrage.
Reason for disallowing marked ballots: Independence
of voters in their right to vote would be violated if
marked ballots were not disallowed. Unscrupulous
persons taking advantage of their influence or political
prestige may require voters to place a distinguishing
mark on their ballot in exchange of some promise,
reward or valuable consideration. Voters would have
no escape because of the distinguishing marks placed
on their ballots.
How is it determined?
By the BEI: They shall determine whether there are
marked ballots by a majority vote. Non-official
ballots which the BEI may find, except those which
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have been used as emergency ballots, shall be
considered as marked ballots. (Sec. 208, BP 881)
Using the ballot itself in view: Evidence aliunde is
not allowed to prove that a ballot is marked. An
inspection or examination of the ballot itself being
sufficient. (Bocobo v. COMELEC)
In the absence of evidence aliunde clearly showing
that the intention or plan was for purposes of
identification, signs on ballots presumed accidental.
(Villarosa v. Guanzon)
The COMELEC doesn’t need to conduct an
adversarial proceeding or a hearing and to solicit the
help of handwriting experts in determining the
authentication of ballots and the handwriting therein.
Expert opinions are not ordinarily conclusive but are
generally regarded as purely advisory. (Punzalan v.
COMELEC)
Consequence if marked ballots found: If any
marked ballots are found, they shall be placed in an
envelope labelled “marked ballots” which shall be
sealed and signed by the members of the BEI and
placed in a compartment for valid ballots and shall not
be counted.
What kind of marks are prohibited?
Those which the voter himself deliberately placed on
his ballot for the purpose of identifying it thereafter.
The determinative factor is the existence of evidence
aliunde tending to show the intention to identify the
ballots.
A ballot should be counted if it is marked afterwards
by some person or persons other than the voter
himself. Subsequent changes in the ballot made by a
person other than the voter should not be permitted to
affect the result of the election or destroy the will of
the voters.
The Court laid down the following guidelines to
determine whether a ballot is marked or not:
(Dojillo v. COMELEC)
1. There is no requirement that the entries in the
ballot be written nicely or that the name of its
candidate be spelled correctly.
2. The idem sonams rule does not require
exactitude nor perfection in the spelling of
names. 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.
(Sec. 211, par. 7, BP 881)
3. Unless it should clearly appear that they
have been put by the voter as identification
marks, the use of two or more kinds of
writing, or hyphens between the first name
and surname of the candidate, shall not
invalidate the ballot. (Sec. 211, par. 22 of
BP 881)
4. 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.
(Sec. 211, par.22, BP 881)
5. Crosses put on the spaces on which the voter
has not voted shall be considered as a sign to
indicate his desistance from voting and shall
not invalidate the ballot. (Sec. 211, par. 21 of
BP 881)
6. The initial of the nickname of the candidate
may be used together with the surname of the
candidate on the purpose of identifying the
candidate for whom the voter votes.
7. A ballot should be counted if it is marked
afterwards by some person or persons other
than the voter himself.
8. Any vote 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. (Sec. 211, par. 14
of BP 881)
9. Any vote 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. (Sec.211, par. 19
of BP 881)
INSTANCES OF MARKED BALLOTS
(1) In 170 ballots, where the name of the
candidate first voted for councilor was
written with his surname prefixed by a
nickname or a derivative or contraction of
his first name; the rest were voted for by
their surnames.
(2) In two ballots, the vote for mayor is “J.
Nietes Nietes” and judging from their
good penmanship, these were prepared by
well-educated persons.
(3) In four ballots, where name of one
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 candidate for senator is clearly and for councilor as the last councilor voted in
markedly indented to the right. several ballots.
(4) Use of two or more kinds of writings (7) Writing the expression “carancho” before
deliberately put by the voter to serve as the name of a candidate as an appellation
identification marks. of affection or friendship. Also, writing the
(5) Where voter writes the name of a person words “Sampion” and “Mabohay” after
not a candidate 3 times on 3 spaces for the candidates’ names for the same reason.
different offices. (8) Numerals on the back written by the BEI
(6) Written opposite the spaces for candidates as a tally guide.
were the words: “Nako si Kristo,” “Adgan (9) Illegible writings, being imprints of other
Pook,” “Tres Lease,” “A.P.O.,” etc. names written on the ballot caused by the
(7) Where the names of two well-known folding of the same.
movie stars who were not candidates are (10) Writing the word “Afag” before the name
written of the candidate, referring to an
(8) Writing the name of a registered voter, not organization headed by said candidate.
a candidate, with handwriting that is (11) Affixing the nickname of a candidate.
identical to the signature on the registered (12) Misspelling innocently the candidate’s
voters’ list in the precint. name.
(9) Written after the two names in the spaces (13) Writing the term “None that I know”
for councilors were the words “Minte” and (14) Voting names of non-candidates, in the
“Kabayan” on block or printed form. absence of evidence that these names were
(10) Writing the word “saging” an irrevelant used as identifying marks.
epithet after the name of a candidate. (15) Accidental placing of a stain.
(11) Placing a big letter “X” immediately after
the name of a candidate for councilor.
(12) Placing a fingerprint of voter without
reason.
(13) The presence of an arrow together with
the words “and party”
(14) In the ballots, distinct initials and words,
such as “DLR,” “DOLLIN,” “DOLLINS,”
“CORY,” “GREECE,” “GRACES,”
“LOS,” “LUZ,” “BONG,” etc. were
written on spaces for different positions.
These words, which are impertinent,
irrelevant, and unnecessary, are repeatedly
written and in some cases, two or three
words were written on a single ballot using
a good hand.

BALLOTS NOT CONSIDERED MARKED

(1) Indentions not sufficient to identify the

voter.
(2) Writing the word “sorry” after the name of
a candidate as an expression of regret after
having made a mistake.
(3) Writing “Street” or “Grand Alliance” or
“and party.”
(4) Cancelling names and rewriting them to
confirm with a sample ballot.
(5) Writing a candidate’s name to occupy all
three spaces of the position
(6) Writing the name of a particular candidate