COUNTING OF VOTES

A. Procedures
1. Manner of counting votes [Sec. 25, R.A. 7166]: In
reading the individual official ballots during the counting,
the chairman, poll clerk and the third member shall
assume such positions as to provide the watchers and the
members of the public as may be conveniently
accommodated in the polling place, unimpeded view of
the ballot being read by the chairman, of the election
returns and the tally board being simultaneously
accomplished by the poll clerk and the third member
respectively, without touching any of these election
documents. The table shall be cleared of all unnecessary
writing paraphernalia. Any violation of this requirement
shall constitute an election offense punishable under
Secs. 263 and 264 of the Omnibus Election Code.
B. Some rulings on appreciation of ballots:

1. Some Rules :
A) Idem sonsas . 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
B) when two or more words are written on the
same line on the ballot, all of which surnames
of two or more candidates, the same shall not
be counted for any of them, unless on is the
surname of an incumbent who has served for
atleast one year in which case it shall be
counted in favor of latter.
 C)when the ballot is written a single word which is
the first name of the and which is at the same time
the surname of his opponent , the vote shall be
counted in favor of the latter.
D) 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 to either.
E) ballots which contain prefixes such as Sr., Mr.,
Datu,Ginoo, ect., shall be valid.
F) the use of nicknames and appellation 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 ballots is invalid.
 G) 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.
2. Some rulings on appreciation
of ballots:
a) Appreciation of ballots is a function of the BEI, not of the
Board of Canvassers [Sanchez v. Comelec, 153 SCRA 67],
b) Where the name of the candidate is not written in the
proper space in the ballot but is preceded by the name of the
office for which he* is a candidate, the vote shall be
considered valid for such candidate. In appreciating a ballot,
the object should be to ascertain and carry into effect the
intention of the voter if it can be determined with reasonable
certainty. Thus, the name of the candidate preceded by the
words Bo. Barangay should be interpreted to mean Po. (Or
Punong) Barangay, and should be counted for the candidate
[Bautista v. Castro, 206 SCRA 305]. But where the name of
the candidate is written seven times in the ballot, it is clear
that the same is intended to identify the ballot, and thus, the
vote should be invalidated [Bautista v. Castro, supra.].

c) In Villagracia v. Comelec, G.R. No. 168296, January
31, 2006, it was held that a distinction must be made
between marks that were apparently carelessly or
innocently made, which do not invalidate the ballot,
and marks purposely placed thereon by the voter with
a view to possible future identification, which
invalidates it. In this case, the invalidated ballots are
marked with the words Joker (14 ballots), Alas (6
ballots), Queen (7 ballots), and Kamatis (7 ballots),
all written in the number 7 slot of the list of Kagawad
for Sangguniang Barangay, and appearing only in
ballots wherein the Punong Barangay voted for was
petitioner. Clearly, the marks indicate no other
intention than to identify the ballots; indubitably, these
are marked ballots and were properly invalidated.
 d) In Bautista v. Comelec, G.R. No.
133840, November 13, 1998, the
Supreme Court upheld the use of
separate tallies for votes considered stray
(because of the pendency of a motion for
reconsideration filed by the candidate
who was declared a nuisance candidate).
After the motion for reconsideration was
denied by the Comelec, the votes in the
separate tally were allowed to be credited
as part of the valid votes cast in favor of
the petitioner.
 C. ELECTION RETURN. THE BEI SHALL PREPARE THE
ELECTION RETURN SIMULTANEOUSLY WITH THE
COUNTING OF THE VOTES IN THE POLLING PLACE.
1. In the election for President, Vice 2. in the election of local officials:
President, Senators, and Members of the
House of Representatives, and parties, 1st - to the city or municipal board of
organizations or coalitions participating
canvassers;
under the party-list system, the returns
shall be prepared in seven copies, and
2nd - to the Commission on Elections 3rd -
distributed as follows: to the provincial board of canvassers
1st - to city or municipal board of canvassers; 4 theCommission; to the dominant
2nd - to Congress, directed to the President of the majority party as determined by the
Senate; 5th - Commission; to the dominant
3rd - to the Commission on Elections;
minority party as determined by the
4th - to the dominant majority party as
determined by the Commission; 6th - to the citizens arm authorized by the
5th - to the dominant minority party as Commission to conduct an unofficial count;
determined by the Commission; 7th - to be deposited inside the
6th - to the citizens arm authorized by the
Commission to conduct an unofficial count; 7th -
compartment of the ballot box for valid
deposited inside the compartment of the ballot box ballots.
for valid Ballots.

d. Announcement of the result of the election. upon the completion of the

election returns, the chairman of the BEI 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.
e. BEI to issue certificate of votes to watchers. BEI to issue certificate
of votes to watchers. this certificate is issued upon request. sec. 16,
r.a. 6646, requires that the certificate of votes must be signed and
thumb marked by each member of the BEI which issues the same.

1. The Certificate of 2. However, in Garay v. Comelec,

Votes is evidence not
only of tampering,
alteration, falsification
or any other anomaly in
the preparation of the
election returns, but
also of the votes
obtained by the
candidates [Balindong v.
Comelec, 27 SCRA 567].
261 SCRA 222, the Supreme Court
held that a Certificate of Votes can
never be a valid basis for canvass; it
can only be evidence to prove
tampering, alteration, falsification or
any other anomaly committed in the
election returns concerned, when
duly authenticated. A Certificate of
Votes does not constitute sufficient
evidence of the true and genuine
results of the elections; only election
returns are. In like manner, neither
is the tally board sufficient evidence
of the real results of the election.
CANVASS AND
PROCLAMATION
 A) Canvassing by Provincial, City, District and
Municipal Board of Canvassers.

1. Composition of the Board of Canvassers.

A) Provincial: The provincial election supervisor or a lawyer in the regional
office of the Comelec, as chairman, the provincial fiscal, as vice chairman, and the
provincial superintendent of schools as member. In the event of non-availability,
absence, disqualification or incapacity, substitute members are the following, in
the order named: Provincial Auditor, Register of Deeds, Clerk of Court nominated
by the Executive Judge, and any other available appointive provincial official.

b) City: The city election registrar or a lawyer of the Comelec, as

chairman, the city fiscal, as vice chairman, and the city superintendent of schools,
as member. Substitute members are officials in the city corresponding to the
substitutes in the provincial board of canvassers.

c) Municipal: The election registrar or a representative of the Comelec,

as chairman, the municipal treasurer, as vice chairman, and the most senior district
school supervisor, or in his absence, a principal of the school or the elementary
school, as member. Substitute members are the Municipal Administrator,
Municipal Assessor, Clerk of Court nominated by the Executive Judge, or any
other available appointive municipal officials.
2. Prohibited relationship. Related within the 4th civil degree by
consanguinity or affinity to any of the candidates whose votes will
be canvassed by the Board, or to any member of the same Board.

3. Prohibition against leaving station. During the period beginning

election
day until proclamation of winning candidates, no member of the
Board shall be transferred, assigned or detailed outside of his
official station without the prior authority of the Comelec.
B. Congress as Board of Canvassers for
election of President and Vice President

1. Congress shall determine the authenticity and due execution of the certificates of canvass
for President and Vice President as accomplished and transmitted to it by the local boards of
canvassers, on a showing that:
Each certificate of canvass was executed, signed and thumb marked by the chairman and
transmitted to Congress by them; (b) Each certificate of canvass contains the names of all the
candidates for President and Vice President and their corresponding votes in words and in
figures; and (c) There exists no discrepancy in other authentic copies of the certificates of
canvass or discrepancy in the votes of any candidate in words and figures in the same
certificate.

2. When the certificate of canvass, duly certified by the board of canvassers of each province,
city or district, appears to be incomplete, the Senate President shall require the board of
canvassers concerned to transmit by personal delivery, the election returns from polling
places that were not included in the certificate of canvass and supporting statements.

3. When it appears that any certificate of canvass or supporting statement of votes by

precinct bears erasures or alterations which may cast doubt as to the veracity of the number
of votes stated therein and may affect the result of the election, upon request of the
presidential or vice presidential candidate concerned or his party, Congress shall, for the sole
purpose of verifying the actual number of votes cast for President and Vice President, count
the votes as they appear in the copies of the election returns submitted to it.