Professional Documents
Culture Documents
The Philippines is about to face a litmus test at it embarks on the first nationwide automated elections
in May 2010, and the whole world is watching. Thus, initiatives geared at enhancing the transparency
and credibility of the electoral process become more critical than ever.
Safeguarding the integrity of elections is the duty not only of the government but also of every single
Filipino citizen. Knowledge is key to a pro‐active, informed, and effective citizen‐driven monitoring
effort.
With these in mind, the University of the Philippines Institute of Government and Law Reform (IGLR)
worked on the project to develop a Handbook on Automated Elections, Canvassing, and General
Election Monitoring. The project seeks to cement a solid understanding of election rules and
regulations, particularly those covering automated elections.
The Handbook is written in question‐and‐answer form, for easy reference and understanding. It is
expected to be a useful tool for the voting public as well as teachers, lawyers, and volunteers who will
be playing a key role in the 2010 elections either as election inspectors, canvassers, watchers, or
independent monitors.
Through this Handbook, the UP IGLR seeks to contribute to ensure a free, orderly, and honest 2010
elections.
Table of Contents
Table of Figures
Audit Log ‐ refers to the document that contains the list of all
activities performed by the PCOS machines from the
1
time that it was powered‐on, until the time when closed.
Automated Election System or AES ‐ a system using appropriate technology which has been
demonstrated in the voting, counting, consolidating,
canvassing, and transmission of election results, and
2
other electoral processes.
1
COMELEC Resolution No. 8804 (22 March 2009), Part I, Rule 2, Section 1.
2
Republic Act No. 9369 (2007), Section 2.
3
COMELEC Resolution No. 8804 (22 March 2009), Part I, Rule 2, Section 1.
4
Republic Act No. 9369 (2007), Section 2.
5
COMELEC Resolution No. 8804 (22 March 2009), Part I, Rule 2, Section 1.
i
municipality shall be counted. Polling places or voting
centers may also be designated as counting centers. 6
Electronic election returns ‐ refers to the copy of the election return in electronic form
generated by the PCOS machine that is electronically
transmitted to the Municipal or City Board of Canvassers
for the official canvass, to the COMELEC Back‐Up Server,
and to the Server for the dominant majority and
dominant minority parties, the citizens' arm authorized
by the COMELEC to conduct a parallel count, and the
11
Kapisanan ng mga Brodkasters sa Pilipinas or KBP ;
6
Republic Act No. 9369 (2007), Section 2.
7
Republic Act No. 8436 (1997), Section 2.
8
Republic Act No. 8436 (1997), Section 2.
9
Republic Act No. 9369 (2007), Section 2.
10
COMELEC Resolution No. 8804 (22 March 2009), Part I, Rule 2, Section 1.
11
COMELEC Resolution 8804 (22 March 2010), Part I, Rule 2, Section 1.
12
Republic Act No. 9369 (2007), Section 2; See also COMELEC Resolution 8804 (22 March 2010), Part I, Rule 2, Section 1.
13
Republic Act No. 9369 (2007), Section 2.
ii
KBP ‐ the Kapisanan ng mga Broadkaster ng Pilipinas
Local Ballot ‐ refers to the ballot on which the voter will manually write
the names of the candidates of his/her choice for
member of the House of Representatives, governor, vice‐
governor, members of the provincial board, mayor, vice‐
14
mayor, and members of the city/municipal council.
Official ballot ‐ where AES is utilized, refers to the paper ballot, whether
printed or generated by the technology applied, that
faithfully captures or represents the votes cast by a voter
15
recorded or to be recorded in electronic form.
Polling place ‐ place where voters cast their votes during election
Printed Election Returns ‐ refers to the copy of the election returns printed by the
PCOS machine on a paper, and authenticated by the
manual signatures and thumbmarks of the members of
17
the Board of Election Inspectors (BEI) .
Republic Act No 7166 ‐ entitled “An Act Providing for Synchronized National and
Local Elections and for Electoral Reforms, Authorizing
Appropriations Therefor and for Other Purposes”
Republic Act No. 8436 ‐ entitled “An Act Authorizing the Commission on
Elections to Use an Automated Elections in the 11 May
1998 National or Local Elections and in Subsequent
14
Republic Act No. 8436 (1997), Section 2.
15
Republic Act No. 9369 (2007), Section 2.
16
COMELEC Resolution No. 8804 (22 March 2010), Part I, Rule 2, Section 1.
17
COMELEC Resolution No. 8804 (22 March 2010), Part I, Rule 2, Section 1.
iii
National and Local Electoral Exercises, Providing Funds
Therefor and for Other Purposes”.
Republic Act No. (R.A.) 9369 ‐ the law which amended Republic Act No. 8436, entitled
"An Act Authorizing the Commission on Elections to Use
an Automated Election System in the May 11, 1998
National or Local Elections and in Subsequent National
and Local Electoral Exercises, to Encourage
Transparency, Credibility, Fairness and Accuracy of
Elections, Amending for the Purpose Batas Pambansa
Blg. 881, as Amended, Republic Act No. 7166 and other
18
Related Election Laws”.
18
Republic Act No. 9369 (2007), Section 1.
19
Flauta v. COMELEC, G.R. No. 184586, 22 July 2009.
20
Republic Act No. 9369 (2007), Section 2.
iv
I. BOARD OF ELECTION INSPECTORS (BEI)
The COMELEC, directly or through its Election Officer, 21 appoints a BEI for each precinct. 22
The BEI is selected from the list of all public school teachers submitted by the Department
of Education's (DepEd) highest official within the city/municipality/school district. 23 Public
school teachers with permanent appointments and those who served in the immediately
preceding national and Local Elections shall be preferred. 24
It is composed of a Chairman and two (2) members, where one of the members shall be
designated as the poll clerk.
3. Can persons other than public school teachers be appointed as BEI members?
Yes. When there are not enough public school teachers, the following may be appointed as
BEI members:
In all cases, however, the BEI Chairman must be a public school teacher. 25
4. What qualifications must be met in order for a person to be appointed as BEI member?
21
COMELEC Resolution No. 8786 (4 March 2010), Section 1 (1).
22
Batas Pambansa Blg. 881 (1985), Section 164.
23
COMELEC Resolution No. 8786 (4 March 2010), Section 1 (1).
24
COMELEC Resolution No. 8786 (4 March, 2010), Section 1 (2).
25
COMELEC Resolution No. 8786 (4 March 2010), Section 1 (4).
5. Can a duly constituted BEI composed of public school teachers be replaced with military
personnel by agreement of political parties and candidates?
No. In Cawasa v. COMELEC, 27 the Supreme Court held that “the bare assertion…that ‘the
political parties and municipal candidates agreed on the said arrangement’” provides no
legal basis for replacing a duly constituted BEI composed of public school teachers with
military personnel.
6. Could a member of the BEI be relieved of his/her duties and replaced by another?
Public school teachers who are BEI members shall not be relieved or disqualified from
acting as such members, except for cause and after due hearing. 28
a. A person who 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 candidate's
spouse; and
b. A person who is married to someone who 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 candidate's spouse. 29
He/she shall immediately notify the Election Officer of his or her disqualification in writing.
The Election Officer shall, in turn, appoint a substitute. 30
9. What must be done before the BEI Chairman and members assume office?
The Election Officer must accomplish the form for the Appointment of the Chairman and
Members of the BEI (Election Form No. A5) in three (3) copies and require the Chairman
26
Batas Pambansa Blg. 881 (1985), Section 166; COMELEC Resolution No. 8786 (4 March 2010), Section 2.
27
Cawasa v. COMELEC, G.R. No. 150469, 3 July 2002.
28
Batas Pambansa Blg. 881 (1985), Section 170; Cawasa v. Comelec, G.R. No. 150469, 3 July 2002.
29
Batas Pambansa Blg. 881 (1985), Section 167; COMELEC Resolution No. 8786 (4 March 2010), Section 3.
30
COMELEC Resolution No. 8786 (4 March 2010), Section 4.
In case a BEI member is absent or a vacancy exists, the members present shall call upon a
substitute from the list of public school teachers submitted by the DepEd to perform the
duties of the absent member.
If none is available, the members present shall appoint any qualified non‐partisan
registered voter of the precinct to temporarily fill the vacancy until the absent member
appears. In case there are two members present, they shall act jointly. 32
11. Under what circumstances may a BEI member order the arrest of absent members?
BEI members may order the arrest of any member who, in their judgment, has absented
himself with the intention of obstructing the performance of the duties of the BEI. 33
a. Conduct the voting in the polling place and administer the electronic counting of
votes;
b. Print the election returns and transmit electronically the election results, through the
use of the PCOS machines, to the City/Municipal Board of Canvassers (BOC), the
dominant majority party, dominant minority party, accredited citizens' arm and KBP,
and to the central server.
d. Maintain order within the polling place and its premises; keep access thereto open and
unobstructed; and enforce obedience to its lawful orders. It shall prohibit the use of
cellular phones and cameras 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 thereby interrupts or
disturbs its proceedings, the BEI may issue an order in writing directing any peace
officer to take said person into custody until the adjournment of the meeting, but such
31
Batas Pambansa Blg. 881 (1985), Section 165; COMELEC Resolution No. 8786 (4 March 2010), Section 7.
32
COMELEC Resolution No. 8786 (4 March 2010), Section 5.
33
Batas Pambansa Blg. 881 (1985), Section 177; COMELEC Resolution No. 8786 (4 March 2010), Section 6.
e. Perform such other functions as may be prescribed by law or by the rules and
regulations promulgated by the COMELEC. 34
13. What are the BEI’s responsibilities with respect to the keeping of the Minutes of Voting
and Counting of Votes (Minutes)?
The BEI shall enter in the Minutes (Election Form No. A11), the act or data required as they
occur or become available during voting, counting, and transmission of votes. Copies shall
be sealed in separate envelopes and distributed to 35:
The meeting of the BEI shall be public and shall be held in the polling place designated by
the COMELEC. 36
The BEI shall act through its Chairman and shall decide by majority vote, without delay, all
questions which may arise in the performance of its duties. 37
Yes. There are two (2) options available to BEI members (including their substitutes) who
are registered voters in a precinct other than where they are assigned:
They shall schedule their voting so that only one BEI member shall leave at any one time. 39
34
Batas Pambansa Blg. 881 (1985), Sections 168 & 172; COMELEC Resolution No. 8786 (4 March 2010), Section 10.
35
COMELEC Resolution No. 8786 (4 March 2010), Section 8.
36
Batas Pambansa Blg. 881 (1985), Section 172; COMELEC Resolution No. 8786 (4 March 2010), Section 11.
37
Batas Pambansa Blg. 881 (1985), Section 174; COMELEC Resolution No. 8786 (4 March 2010), Section 11 (2).
38
COMELEC Resolution No. 8786 (4 March 2010), as revised by COMELEC Resolution No. 8798 (16 March 2010), Section 12.
39
COMELEC Resolution No. 8786 (4 March 2010), Section 12.
No. No BEI member or support staff shall engage in any partisan political activity or take
part in the election except to discharge his duties as such and to vote. 40
17. Are BEI members allowed to make announcements tending to show the state of the polls
while voting is ongoing?
No. During the voting, any BEI member shall NOT make any announcement as to:
18. What are the BEI’s duties with respect to election forms, documents, and supplies?
a. carefully check the different election forms, documents and supplies and the
quantity actually received; and
b. sign a Certificate of Receipt in three (3) copies, the original of which shall be
delivered to the City/Municipal Treasurer, who shall transmit the same to the
ERSD, COMELEC, Manila, immediately after election day. 42
Please see:
� item VII on “Election Returns” on the procedures to be followed AFTER the voting.
40
Batas Pambansa Blg. 881 (1985), Section 173; COMELEC Resolution No. 8786 (4 March 2010), Section 13.
41
COMELEC Resolution No. 8786 (4 March 2010), Section 33.
42
COMELEC Resolution No. 8786 (4 March 2010), Section 18.
The following are entitled to appoint two watchers, to serve alternately, in every polling
place:
a. each candidate and registered political party or coalition of political parties duly
registered with the COMELEC and fielding candidates in the election; and
b. duly accredited citizens' arms.
Duly accredited citizens arms of the COMELEC shall be entitled to appoint a watcher in
every polling place. Other civil, professional, business, service, youth, and any other similar
organizations, with prior authority of the COMELEC, shall be entitled collectively to
appoint one watcher in every polling place. 43
a. citizens' arm;
b. dominant majority party, as determined by the COMELEC; and
c. dominant minority party, as determined by the COMELEC.
In case there are two or more citizen's arm preference shall be given to the one authorized
by the COMELEC to conduct an unofficial count. 44
43
COMELEC Resolution No. 8786 (4 March 2010), Section 15.
44
COMELEC Resolution No. 8786 (4 March 2010), Section 15.
23. What are formalities that must be observed by watchers before they can perform their
duties?
45
COMELEC Resolution No. 8786 (4 March 2010), Section 16.
46
Batas Pambansa Blg. 881 (1985), Section 179; COMELEC Resolution No. 8786 (4 March 2010), Section 17.
Watchers shall have the right to guard the room where ballot boxes shall be kept
after canvassing. 48
25. How should watchers conduct themselves in the performance of their duties?
Watchers shall not speak to any member of the BEI, or to any voter or among themselves,
in such a manner as would disturb the proceedings of the BEI. 49
No watcher shall enter the place reserved for the voters and the BEI, nor mingle and talk
with the voters. 50
47
Batas Pambansa Blg. 881 (1985), Section 179; COMELEC Resolution No. 8786 (4 March 2010), Section 17.
48
COMELEC Resolution No. 8809 (30 March 2010), Section 31.
49
Batas Pambansa Blg. 881 (1985), Section 179; COMELEC Resolution No. 8786 (4 March 2010), Section 17.
50
COMELEC Resolution No. 8786 (4 March 2010), Section 27 (b).
51
COMELEC Resolution No. 8786 (4 March 2010), Section 28 (b).
A watcher may challenge any person offering to vote on the ground that he:
a. is not registered;
b. is using the name of another;
c. is suffering from an existing disqualification; 52
d. received or expects to receive, paid, offered or promised to pay, contributed, offered,
or promised to contribute money or anything of value as consideration for his vote or
for the vote of another;
e. made or received a promise to influence the giving or withholding of any such vote; or
f. made a bet or is interested directly or indirectly in a bet that depends upon the results
of the election. 53
27. Aside from discharging their duties during the voting proper, what else should watchers
do to help safeguard the sanctity of the elections?
Watchers should be present at the following period and must perform the following tasks:
WHEN TASK
record the serial number of the seal(s) on the PCOS box(es) 54
observe whether the PCOS box is sealed and check if the serial
number of the seal is the same as the serial number recorded
BEFORE the Voting during the testing and sealing 55
AFTER the voting observe the disposition of the PCOS, ballot boxes, keys, ERs,
and other documents even after the termination of the
counting of votes and the announcement of the results in the
precinct
52
COMELEC Resolution No. 8786 (4 March 2010), Section 24.
53
COMELEC Resolution No. 8786 (4 March 2010), Section 25.
54
COMELEC Resolution No. 8786 (4 March 2010), Section 34 (b).
55
COMELEC Resolution No. 8786 (4 March 2010), Section 34 (f).
56
COMELEC Resolution No. 8786 (4 March 2010), Section 34 (w).
57
COMELEC Resolution No. 8786 (4 March 2010), Section 40 (m).
58
COMELEC Resolution No. 8786 (4 March 2010), Section 43 (e).
In such situation, the BEI members and the watchers shall be notified
of the time and place of the opening of said ballot box. 59 Watchers
should make sure they are present when the ballot box is opened.
59
COMELEC Resolution No. 8786 (4 March 2010), Section 45 (2).
In the AES, an official ballot refers to the paper ballot, whether printed or generated by the
technology applied, that faithfully captures or represents the votes cast by a voter
recorded or to be recorded in electronic form. 60
The ballot shall contain all the names of the candidates for every vacant position, both at
the national and local levels.
The names of all candidates for every vacant position shall be arranged alphabetically and
printed uniformly. There shall correspond to each of the names of the candidates a blank
oval, which the voter shall completely shade to signify his/her vote.
30. What are the types of security measures that could be adopted by the COMELEC to
prevent use of fake ballots?
Some of these safeguards include, but are not limited to, bar codes, holograms, color
shifting ink and microprinting. 62 As mentioned above, an official ballot comes as Election
Form No. A6. 63
The official ballots, along with the forms, documents and supplies to be used for the
election, shall be distributed early in the morning of election day. However, COMELEC
may authorize earlier distribution of these documents. 64
60
Republic Act No. 8436 (1997), as amended by Republic Act. No 9369 (2007), Section 2 (3).
61
COMELEC Resolution No. 8786 (4 March 2010), Section 18.
62
Republic Act No. 8436 (1997), as amended by Republic Act No. 9369 (2007), Section 13.
63
COMELEC Resolution No. 8786 (4 March 2010), Section 18.
64
COMELEC Resolution No. 8786 (4 March 2010), Section 18.
Early in the morning of election day, the BEI shall get the following forms, documents and
supplies from the following: 66
ELECTION FORMS
A3 Poster Indicating the Clustered Precincts’
Numbers 1 Piece
A6 Official Ballots 1 Piece per voter
A12 Paper Seal 75 Pieces
A14 Certificate of Receipt of Official Ballots, Other 3 Pieces
Forms and Supplies by BEI
A27 Official Receipt of Election Returns 30 Pieces
ENVELOPES FOR VOTING AND COUNTING
A15 For Rejected ballots, Half of Torn Unused 3 Pieces
Official Ballots and Other Half of Torn Unused
Official Ballots
A17 For Election Returns 30 Pieces
OTHER ENVELOPES
A18‐A For Main Memory Card, i‐button Security Key, 6 Pieces
PINs, Initialization Report, Audit Log, and
Precinct Statistical Report
OTHER FORMS
A30/A31 Temporary Appointment of Chairman/Poll 10 Pieces
Clerk/Third Member/Support Staff
A35 Certificate of Challenge of Protest and 10 Pieces
Decision of the BEI
A39 Oath of Voter Challenge for Illegal Acts 10 Pieces
A40 Oath of Identification of Challenged Voter 10 Pieces
SUPPLIES
Bond Paper (long) 30 Pieces
Ballot Secrecy Folder 22 Pieces
Thumbprint Taker 1 Piece per precinct
in a cluster
Seal with Steel Wire for Ballot Box 1 Piece
Indelible Stain Ink 2 Bottles per precinct
in a cluster
Instruction to Voters 1 Piece per clustered
precinct
Marking Pens 1 or 2 Box/es
Ballpen 6 Pieces
65
Official ballots are not among the election forms that may be reproduced as enumerated in COMELEC Resolution No. 8786 (4 March
2010), Section 19.
66
COMELEC Resolution No. 8786 (4 March 2010), Section 18.
34. What shall the BEI do after receiving Official Ballots and other election forms and
supplies?
The BEI shall carefully check the different election forms (which include the official
ballots), documents and supplies and the quantity actually received.
The BEI shall then sign a Certificate of Receipt (Election Form No. A14) in three (3) copies,
the original of which shall be delivered to the City/Municipal Treasurer, who shall transmit
the same to the ERSD, Comelec, Manila, immediately after election day. 67
Only one piece of ballot per voter shall be provided to the BEI. 68
67
COMELEC Resolution No. 8786 (4 March 2010), Section 18.
68
COMELEC Resolution No. 8786 (4 March 2010), Section 18.
69
COMELEC Resolution No. 8786 (4 March 2010), Section 19.
The BEI shall follow the detailed procedure below early in the morning of election day. 70
70
COMELEC Resolution No. 8786 (4 March 2010), Section 18; See also COMELEC Resolution No. 8786 (4 March 2010), Section 34.
The elections are opened by the BEI Chairman at 7:00 a.m. of the election day by unlocking
the PCOS. To unlock the PCOS, the BEI Chairman shall insert the Security Key into the
appropriate port for the mechanism.
Once the initialization report is printed, the elections shall be deemed open. 71
The initialization report or the “zero‐vote” document is an ER printed by the PCOS to open
the elections. It shows that there are no votes or that there are zero votes recognized by
the system at the time of the opening of the elections.
The initialization report shall be printed in one (1) copy, which shall be kept by the BEI
Chairman for safekeeping. After the votes have been counted and the results of the
election in the precinct have been announced, it will be forwarded to the Election Officer. 72
40. How will the BEI know that the PCOS is ready to accept ballots?
The PCOS is ready to accept ballots for counting when the touch screen display indicates
that the system is “OPEN,” and that the text “Please Insert Ballot” is displayed. 73
The voters can cast their votes until 6:00 p.m. of the election day. 74
42. Can the voters cast their votes after 6:00 p.m. of the election day?
Voters can cast their votes after 6:00 p.m. of the election day, provided they are within 30
meters in front of their assigned polling place. In such a case, the poll clerk shall prepare a
list of voters within 30 meters in front of the polling place and intending to vote. These
voters shall be allowed to cast their votes upon being called by the poll clerk, in the order in
which they are listed. 75
71
COMELEC Resolution No. 8786 (4 March 2010), Section 34.
72
COMELEC Resolution No. 8786 (4 March 2010), Section 43.
73
COMELEC Resolution No. 8786 (4 March 2010), Section 34.
74
COMELEC Resolution No. 8786 (4 March 2010), Section 21.
75
COMELEC Resolution No. 8786 (4 March 2010), Section 21.
Each name shall be called by the poll clerk three times. Any voter who is not present when
called shall NOT be allowed to vote at a later time. 76
44. Will the PCOS accept ballots fed to the system prior to the printing of the zero‐vote
document?
No. The PCOS shall not accept any ballot fed until the zero‐vote document is printed.
a. All registered voters whose names appear in the Posted Computerized Voters List
(PCVL) or Election Day Computerized Voters List (EDVCL), or whose registration
records have not been cancelled or deactivated, may vote in the election 77; and
� confined in jail, formally charged for any crime/s and awaiting/undergoing trial;
� serving a sentence of imprisonment for less than one (1) year; or
� whose conviction of a crime involving disloyalty to the duly constituted
government such as rebellion, sedition, violation of the firearms laws or any
crime against national security or for any other crime is on appeal.
76
COMELEC Resolution No. 8786 (4 March 2010), Section 21.
77
COMELEC Resolution No. 8786 (4 March 2010), Section 23.
78
COMELEC Resolution No. 8811 (30 March 2010), Section 1.
The voter must look for his name in the PCVL posted at the door of the precinct. The voter
must take note of his/her precinct number and sequence number.
Source: Elections 101: Nutshelling the Automated Elections of 2010, presented by COMELEC during the
PHILJA’s Experts’ Meeting on the Election Law Training Curriculum for RTC Judges (14 April 2010, Hyatt
Manila)
The voter will then approach the BEI or support staff‐in charge of his/her assigned precinct,
and give his/her complete name, sequence number, address, proof of identification, and
relevant information.
The BEI shall then establish the identity of the voter by:
Upon successfully verifying the voter’s identity, the BEI shall direct the voter to the BEI
Chairman for the issuance of the ballot. 79
79
COMELEC Resolution No. 8786 (4 March 2010), Section 35.
� The ballot must be placed inside the Ballot Secrecy Folder in such
manner as would cover the face of the ballot, revealing only the
portion where the BEI Chairman’s signature. 80
47. What happens if the BEI Chairman fails to authenticate the ballot by affixing his/her
signature in the space dedicated for the purpose?
Failure of the BEI Chairman to authenticate the ballot shall not be a cause for invalidation
of the Ballot. However, he/she shall be charged with an election offense. 81
48. Can any other BEI member issue a ballot to a registered voter?
Any voter or any watcher may challenge any person offering to vote for:
Any voter or any watcher may also challenge any voter offering to vote on the ground that
he/she:
80
COMELEC Resolution No. 8786 (4 March 2010), Section 35.
81
COMELEC Resolution No. 8786 (4 March 2010), Section 35, also Batas Pambansa Blg. 881 (1985), Section 261 (bb) (2).
82
COMELEC Resolution No. 8786 (4 March 2010), Section 35.
Election Offense
ELECTION OFFENSE
83
Batas Pambansa Blg. 881 (1985), Section 261 (z) (2).
84
Batas Pambansa Blg. 881 (1985), Section 261 (z) (10).
85
Batas Pambansa Blg. 881 (1985), Section 261 (z) (20).
86
COMELEC Resolution No. 8786 (4 March 2010), Section 24.
In order to be allowed to vote, the challenged voter shall take an oath before the BEI that
he has not committed any of the acts alleged in the challenge. Otherwise, the challenge
shall be sustained and the voter shall not be allowed to vote. 87
All challenges, oaths taken in connection therewith, and the BEI’s decision in all such
challenges shall be recorded in the Minutes. 88
No ballot shall be issued to the voter, and he/she shall be asked to leave the polling place. 89
The voter shall be allowed to vote 90provided none of the voter’s fingers is stained by
indelible ink.
A voter shall accomplish his/her ballot by SHADING FULLY the appropriate oval
corresponding to the name of the desired candidate in the ballot to be used for the
elections using the special marker provided by the COMELEC.
After the voter finishes shading all the ovals corresponding to the names of his/her desired
candidates for every position, he/she shall affix his/her thumbmark in the space provided
for in the voting record. 91
Source: Elections 101: Nutshelling the Automated Elections of 2010, presented by COMELEC during the PHILJA’s
Experts’ Meeting on the Election Law Training Curriculum for RTC Judges (14 April 2010, Hyatt Manila)
87
COMELEC Resolution No. 8786 (4 March 2010), Section 25.
88
COMELEC Resolution No. 8786 (4 March 2010), Section 26.
89
COMELEC Resolution No. 8786 (4 March 2010), Section 25.
90
COMELEC Resolution No. 8786 (4 March 2010), Section 25.
91
COMELEC Resolution No. 8786 (4 March 2010), Section 36.
55. What happens if the voter shades and chooses more than the number of required
candidates to be voted for a particular position?
When the voter shades and votes for candidates in excess of the number of required votes
for candidates in a specified position, OVERVOTING occurs.
For example, if the voter shades and in effect votes for two candidates both running for
President, and in effect votes for two Presidential candidates, OVERVOTING occurs.
56. What happens if the voter shades and chooses less than the number of required
candidates to be voted for a particular position?
When the voter shades and votes for candidates less than the number of required votes for
candidates in a specified position, UNDERVOTING occurs.
For example, if the voter shades and votes for only 5 candidates to signify his votes for the
Senatorial contest, which is less than the 12 maximum allowed votes for the contest,
UNDERVOTING occurs.
The voter may insert his/her ballot into the PCOS in any orientation or direction as the
dimensions of the PCOS feeder shall permit. There are four orientations in which the ballot
may be fed into the PCOS. 92
92
COMELEC Resolution No. 8786 (4 March 2010), Section 38.
The votes cast for the OVERVOTED position will not be recognized and counted by the
PCOS. The votes cast for the other positions, however, shall be recognized and counted by
the PCOS, as long as no OVERVOTING occurs in other positions.
UNDERVOTING is fine. In such a case, the PCOS will only count the votes cast for the
candidates as chosen by the voter.
60. Can a voter obtain a new ballot in case he/she makes a mistake in casting his/her votes?
No. The ballots shall be provided to each voter at the rate of ONE BALLOT PER VOTER
only. 93
After accomplishing the ballot, the voter shall approach the PCOS and insert the
accomplished ballot in the ballot entry slot. The PCOS electronic display shall display,
“CONGRATULATIONS. YOUR VOTE HAS BEEN REGISTERED” to indicate that the PCOS
accepted the ballot. The BEI shall monitor the PCOS screen to make sure that the ballot
was successfully accepted. 94
93
Republic Act No. 8436, Section 14 which provides that a voter spoiling his/her ballot may be issued another ballot, subject however
that the voter shall not change his/her ballot more than once, has been amended by Republic Act No. 9369 (2007), Section 15 which
provides that COMELEC shall provide procedure in voting and omitted the specific proviso in Section. 14 on spoiling. See also
COMELEC Resolution No. 8786 (4 March 2010), Section 18.
94
COMELEC Resolution No. 8786 (4 March 2010), Section 36.
ELECTION OFFENSE
X Bring the ballot, ballot secrecy folder or marking pen outside of the polling place;
X Speak with anyone other than as herein provided while inside the polling place;
X Prepare his ballot without using secrecy folder or exhibit its contents;
X Fill his ballot accompanied by another, except in the case of an illiterate or person with
disability /disabled voter;
X Erase any printing from the ballot, or put any distinguishing mark on the ballot;
X Use carbon paper, paraffin paper or other means of making a copy of the contents of
the ballot, or otherwise make use of any other scheme to identify his vote, including
the use of digital cameras, cellular phones with camera or similar gadgets;
X Intentionally tear or deface the ballot; and
X Disrupt or attempt to disrupt the normal operation of the PCOS.
Please note that election offenses are not limited to the above list. Please refer to the
discussion under item IX entitled “Election Offenses”.
62. Are there cases when the PCOS will reject ballots? What are these cases?
Yes. There are three reasons a PCOS will give for rejecting ballots. These reasons shall be
displayed on the PCOS’ electronic display 97:
a. Ambiguous Mark
b. Misread Ballot
c. Invalid Ballot
63. What shall the voter do in case his/her ballot is rejected by the PCOS machine?
The voter should do the following, depending on the reason given for rejecting the ballot:
95
COMELEC Resolution No. 8786 (4 March 2010), Section 36.
96
COMELEC Resolution No. 8786 (4 March 2010), Section 30.
97
COMELEC Resolution No. 8786 (4 March 2010), Section 38.
No. No replacement ballot shall be issued a voter whose ballot is rejected by the PCOS. 100
ELECTION OFFENSE
98
COMELEC Resolution No. 8786 (4 March 2010), Section 38.
99
COMELEC Resolution No. 8786 (4 March 2010), Section 38.
100
COMELEC Resolution No. 8786 (4 March 2010), Section 38.
101
Batas Pambansa Blg. 881 (1985), Section 261 (z) (14).
102
Batas Pambansa Blg. 881 (1985), Section 261 (z) (6).
103
Batas Pambansa Blg. 881 (1985), Section 261 (z) (18).
104
Batas Pambansa Blg. 881 (1985), Section 261 (z) (18).
Yes, provided that such fact is indicated in the Election Day Computerized Voters List
(EDCVL) or Voter’s Registration Record (VRR).
If so, he/she may be assisted in the preparation of his/her ballot. A person with physically
impaired capacity to use the AES may also be assisted in feeding his/her ballot into the
PCOS. 105
67. Who can assist an illiterate and person with disability/disabled voters?
The following can assist an illiterate and person with disability/disabled voter:
The assistor must also be authorized by the voter to help him cast his vote. 108
68. May the same assistor help all the disabled voters in his precinct?
No. Unless the assistor is a BEI member, he/she may only assistor up to three (3)
illiterate/disabled voters. 109
69. What are the requirements before an assistor can help prepare ballots for illiterate and
person with disability/disabled voters?
The assistor must execute an oath in writing that he/she shall accomplish the ballot strictly
in accordance with the wish of the voter, and shall refrain from revealing the contents
thereof, by affixing his/her signature in the appropriate space in the Minutes.
In assisting the voter accomplish the ballot, the assistor shall use a ballot secrecy folder,
and shall accomplish the ballot strictly in accordance with the preference of the
illiterate/disabled voter. 110
105
COMELEC Resolution No. 8786 (4 March 2010), Section 31 (1) and (2).
106
COMELEC Resolution No. 8786 (4 March 2010), Section 31 (1).
107
COMELEC Resolution No. 8786 (4 March 2010), Section 31 (3).
108
COMELEC Resolution No. 8786 (4 March 2010), Section 31 (5).
109
COMELEC Resolution No. 8786 (4 March 2010), Section 31 (4).
110
COMELEC Resolution No. 8786 (4 March 2010), Section 30.
Ballots for illiterate and person with disability/disabled voters shall be prepared in the
following manner: 111
Poll clerk must ensure
that the person voting
as illiterate and person
with disability/disabled
is indicated as such in
the EDCVL or VRR.
Assistor shall
Assistor shall ensure that
prepare (in the contents The assistor
the presence of the ballot shall sign in
of the voter) are not the
the ballot displayed appropriate
using a ballot during the space in the
secrecy feeding of Minutes.
folder . the same into
the PCOS.
71. Is it possible for a precinct to run out of ballots with voters still remaining to vote?
Yes. 112
111
COMELEC Resolution No. 8786 (4 March 2010), Section 31.
112
COMELEC Resolution No. 8786 (4 March 2010), Section 37.
Yes. In such a case, the BEI Chairman shall observe the following steps:
a. Remove the sticker seal of the PCOS box and open the PCOS box;
b. Issue a Certification to the voter, which states that the voter is a registered voter of the
precinct, but there are no more available ballots with the precinct for use of the
affected voter;
c. Record such facts in the Minutes; and
d. Request the Third Member to accompany the voter to the next precinct belonging to
the same councilor district, where the affected voter shall cast his/her vote.
73. What will the BEI Chairman of the next precinct do in such case?
a. Require the voter to present the Certification issued by the Chairman of the precinct
where the voter was originally assigned;
b. Record in the Minutes the name of the voter, his precinct number, and the fact that a
Certification has been issued by the Chairman of that precinct that there are no more
available ballots for use in such precinct;
c. Write the name of the voter in the EDCVL indicating opposite such voter’s name the
voter’s original assigned precinct number;
d. Before issuing a ballot to the voter, remove the sticker seal of the PCOS box and open
the PCOS box; and
e. Ensure that the voter observes the proper procedure for voting.
74. How should a person conduct himself within the polling place during election day?
Anyone within the voting premises and during election day must conduct himself in such
manner as would ensure that the election is conducted peaceably and orderly.
113
COMELEC Resolution No. 8786 (4 March 2010), Section 37 (e).
After the voting, the BEI Chairman, in the presence of other BEI members, shall 114:
ELECTION OFFENSE
The following conduct inside the polling place constitutes election offense:
114
COMELEC Resolution No. 8786 (4 March 2010), Section 39.
115
Batas Pambansa Blg. 881 (1985), Section 261 (bb) (4).
116
Batas Pambansa Blg. 881 (1985), Section 261 (e).
117
Batas Pambansa Blg. 881 (1985), Section 261 (p).
118
Batas Pambansa Blg. 881 (1985), Section 261 (z) (5).
119
Batas Pambansa Blg. 881 (1985), Section 261 (z) (7).
120
Batas Pambansa Blg. 881 (1985), Section 261 (z) (7).
121
Batas Pambansa Blg. 881 (1985), Section 261 (z) (7).
As soon as the voting is finished, the BEI shall publicly begin counting the votes in the
polling place and ascertain the results. 122
77. Can the BEI rearrange the physical set up of the polling place?
The BEI may rearrange the physical set up of the polling place for the counting or any
other activity with respect to the transition from voting to counting but 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. 123
The COMELEC, may authorize the BEI to count the votes to another public building as
long as:
79. What are the procedures to start the counting of the votes?
BEI shall perform BEI shall connect the The BEI shall enter the
the closing function transmission cable iButton Security Key and
function of the PCOS the PINs of the poll clerk
of the PCOS
and the third BEI member.
122
Batas Pambansa Blg. 881 (1985), Section 206, as amended by Republic Act 9369 (2007), Section 35.
123
Batas Pambansa Blg. 881 (1985), Section 206, as amended by Republic Act 9369 (2007), Section 35.
124
Batas Pambansa Blg. 881 (1985), Section 206, as amended by Republic Act 9369 (2007), Section 35.
After all the votes have been counted, the PCOS shall request if the BEI would like to
digitally sign the transmission files with a BEI signature key. The BEI shall select “no”
and the PCOS shall immediately print 8 Election Returns (ER) copies for National
Positions. The PCOS will then ask if the BEI would like to print more copies of the ER,
the BEI shall select “no” and the PCOS shall immediately print 8 ER copies for Local
Positions. The PCOS will then ask if the BEI would like to print more copies of the ER,
the BEI shall again select “no”.
81. What are the next steps after printing eight (8) copies of the ER?
The BEI shall detach the 8 copies of the ER from the PCOS and the members of the BEI
shall affix their signatures and thumb marks thereon. The BEI shall ask the watchers
present to affix their signatures on the printed ERs and place each copy of the ER in its
corresponding envelope and seal with a paper seal.
82. What are the next step after the ER has been signed and sealed?
The BEI Chairman shall publicly announce the results. The poll clerk shall post the
second copy of the ER within the premises of the polling place/counting center which
must be accessible to the public. 125
83. After the BEI Chairman publicly announces the total number of votes received by each
candidate and the posting by the poll clerk of a copy of the ER, what are the next steps
of the BEI?
If any member of the BEI refuses to sign, the BEI Chairman shall note the same in each
copy of the printed ER. The member of the BEI 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 ER by any member of the BEI shall be
punishable as provided under the law. 126
125
COMELEC Resolution No. 8739 (29 December 2009), Section 38 (6) (b).
126
Republic Act No. 8436 (1997), Section 22, as amended by Republic Act No. 9369 (2007), Section 19.
The Operator shall announce the error and undertake the necessary corrective
measures. Should the Operator be unable to correct the error, he shall call on the
Technical Support personnel assigned to the Voting Center for assistance. Such fact
shall be noted in the Minutes.
86. What happens in case there are more votes than Voters?
87. What will happen if the BEI shall fail to deliver any of the election documents or
paraphernalia required to be delivered?
The Provincial Election Supervisor, Election Officer or the Treasurer shall require the
BEI which failed to deliver the election documents or paraphernalia to deliver the same
immediately.
88. What will happen if the Ballot Box delivered by the BEI is not locked or sealed?
In case the ballot box is not locked and/or sealed, the treasurer shall lock and/or seal
the ballot box and this shall be included in his report to the COMELEC. 128
89. What happens if the PCOS fails to count the votes or transmit the results?
In case a PCOS fails to count the vote or transmit the results, the Operator shall
announce the error and undertake the necessary corrective measures. Should the
Operator be unable to correct the error, he shall call on the Technical Support
personnel assigned to the Voting Center for assistance. Such facts shall be noted in the
minutes. 129
127
General Policies, Rules and Guidelines (2009), Section 4 (1) (1).
128
COMELEC Resolution No. 8739 (29 December 2009), Section 41 (d).
129
COMELEC Resolution No. 8739 (29 December 2009), Section 38 (6).
The COMELEC may resort to manual counting of the votes in case the automated
counting system fails. 130
91. What are instances where a manual count should be conducted instead of using
another PCOS machine?
In case the failure of the automated counting are not machine‐related such as in the
case where the errors in counting were due to the misprinting of ovals and the use of
wrong sequence codes in the local ballots, which will certainly result in an erroneous
count and subvert the will of the electorate. 131
130
Maruhom v. COMELEC, G.R. No. 139357, 5 May 2000.
131
Tupay Loong v. COMELEC, G.R. No. 133676, 14 April 1999.
An ER is produced after the BEI has undertaken the procedure to close the voting, for
counting of ballots and transmission of results. 133
94. What is the procedure to be followed in (a) closing the voting and counting of ballots,
and (b) printing and transmitting the ER?
The step‐by‐step procedure for (a) closing the voting and counting the ballots, and (b)
printing and transmitting the ER are found below 134:
132
Republic Act No. 8436 (1997), as amended by Republic Act No. 9369 (2007), Section 2 (4).
133
COMELEC Resolution No. 8786 (4 March 2010), Section 38.
134
COMELEC Resolution No. 8786 (4 March 2010), Section 40.
Each BEI member inserts his iButton The poll clerk announces the posting of a
Ensure that the ERs are posted in a
security key intended for the digital second copy of the ER both for national and
place that are sufficiently lighted and
signature in the iButton security key local positions (a wall within the premises of
accessible to the public
receptacle. the polling place/counting center)
The PCOS will display: “READY TO TRANSMIT. Machine will display: “TRANSMISSION
PLEASE PLUG IN TRANSMISSION CABLE TO Is modem properly NO CABLE NOT CONNECTED, RETRY?”.
ELECTRONICALLY TRANSMIT ELECTION connected? Check the PCOS. After three (3) failed
REPORTS AND PRESS OK TO CONTINUE.” attempts, call support technician.
YES
NO
AES 2010 HANDBOOK Page 34
95. What happens if the PCOS fails to count the vote or transmit/print the results?
In these instances, the Operator shall announce the error and undertake the necessary
corrective measures. Should the Operator be unable to correct the error, he/she shall call
on the Technical Support personnel assigned to the Voting Center for assistance. Such fact
shall be noted in the Minutes. 135
After the printing of the ERs, the BEI shall individually fold the first eight (8) copies of the
ERs, seal each of them with serially numbered paper seals, place in the envelope (Election
Form No. A17), and seal the envelopes for distribution to the following: 136
4th Citizens' arm authorized by the 4th Citizens' arm authorized by the COMELEC to
COMELEC to conduct an unofficial conduct an unofficial count
count
5th Dominant majority party as 5th Dominant majority party as determined by
determined by the COMELEC the COMELEC in accordance with law
th th
6 Dominant minority party as 6 Dominant minority party as determined by
determined by the COMELEC the COMELEC in accordance with law
7th Ballot box 7th One (1) to be posted conspicuously on a wall
within the premises of the polling place or
counting center
th th
8 Provincial Board of Canvassers 8 Ballot box
9th to 18th Ten (10) accredited major national 9th to 18th Ten (10) accredited major national parties,
parties, excluding the dominant excluding the dominant and minority parties,
and minority parties, in accordance in accordance with a voluntary agreement
with a voluntary agreement among them.
among them.
19th to Two (2) accredited major local 19th to Two (2) accredited major local parties in
20th parties in accordance with a 20th accordance with a voluntary agreement
voluntary agreement among them. among them.
21st to Four (4) national broadcast or print 21st to Five (5) national broadcast or print media
th th
24 media entities as may be equitably 25 entities as may be equitably determined by
determined by the COMELEC in the COMELEC in view of propagating the
view of propagating the copies to copies to the widest extent possible
the widest extent possible
th th
25 to Two (2) local broadcast or print 26 to Two (2) local broadcast or print media
th th
26 media entities as may be equitably 27 entities as may be equitably determined by
determined by the COMELEC in the COMELEC in view of propagating the
135
COMELEC Resolution No. 8786 (4 March 2010), Section 40 (qq).
136
COMELEC Resolution No. 8786 (4 March 2010), Section 41.
97. What will the procedure be if the parties could not reach an agreement as to the copies
distributed to the accredited major national and local parties?
If no such agreement is reached, the COMELEC shall decide which parties shall receive the
copies on the basis of the criteria provided in Section 26 of Republic Act No. 7166. 137
The following are the criteria provided in Section 26 of R.A. No. 7166
for choosing the parties
137
Republic Act No. 8436 (1997), Section 22, as amended by Republic Act No. 9369 (2007), Section 21.
Yes. After the PCOS has printed 8 copies of the ER both for national and local positions,
the poll clerk shall announce the posting of a copy of the second copy of the ER both for
national and local positions on a wall within the premises of the polling place/counting
center which must be sufficiently lighted and accessible to the public, and proceed to post
such copies. 138
Said copies of the ERs will be posted for forty‐eight (48) hours. 139
100. Will the public be allowed to take photos the copy posted in the polling place or
counting center?
Yes. Any person may view or capture an image of the ER by means of any data capturing
device like cameras, at any time of the day for 48 hours following its posting. 140
Yes. Additional copies not to exceed 30 may be printed and given to requesting parties at
their own expense. 141
After the 48‐hour period lapses, the BEI Chairman shall detach said ER from the wall and
keep the same in his custody to be produced as may be requested by any voter for image
or data capturing or for any lawful purpose as may be ordered by competent authority. 142
138
COMELEC Resolution No. 8786 (4 March 2010), Section 40 (p).
139
Republic Act No. 7166 (1997), Section 27, as amended by Republic Act No. 9369 (2007), Section 33; COMELEC Resolution No. 8786 (4
March 2010), Section 40 (q).
140
Republic Act No. 7166 (1991), Section 27, as amended by Republic Act No. 9369 (2007), Section 33; COMELEC Resolution No. 8786 (4
March 2010), Section 40(q).
141
Republic Act No. 7166 (1991), Section 27, as amended by Republic Act No. 9369 (2007), Section 33.
142
Republic Act No. 7166 (1991), Section 27, as amended by Republic Act No. 9369 (2007), Section 33. COMELEC Resolution No. 8786 (4
March 2010), Section 40(q).
104. What will the Election Officer do with the EDCVL and the PCVL?
The Election Officer shall keep the EDCVL and the PCVL in a safe place until such time that
the COMELEC gives instructions on their disposition. 143
105. What should the BEI do if it omits or erroneously includes documents in the
ballot box?
Instead of opening the ballot box to place the omitted documents or articles, the BEI shall
deliver the same to the Election Officer. The Election Officer shall take appropriate
measures to preserve the integrity of the documents. 144
No, in no instance shall the ballot box be reopened to place or to take out any document or
article. Only in proper cases and with prior written authority of the COMELEC to retrieve
copies of the ERs which will be needed in any canvass will the ballot boxes be reopened.
In such instance, the BEI members and 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 ERs
outside of the ballot box which can be used in the canvass, such copies of the ERs shall be
used in said canvass and the opening of the ballot box to retrieve copies of the ERs placed
therein shall then be dispensed with. 145
143
COMELEC Resolution No. 8786 (4 March 2010), Section 44.
144
COMELEC Resolution No. 8786 (4 March 2010), Section 45.
145
COMELEC Resolution No. 8786 (4 March 2010), Section 45.
107. For which areas should there be constituted a BOC and who exercises
supervision and control over the Board?
There shall be a BOC in each municipality, city, province, and in each legislative district
comprising two (2) municipalities/cities. 146
COMELEC shall have direct control and supervision over BOCs and may motu proprio
relieve, for cause, at any time, any member and designate the substitute. 147
National BOC for Senate and the House of Representatives in joint public session
President and Vice‐
President
National BOC for Chairman and members of the COMELEC sitting en banc
Senators and Partylist
Representatives
PBOC Provincial Election Supervisor or a COMELEC representative, as
Chairman; the Provincial Prosecutor, as Vice‐Chairman; and the
District School Superintendent, as Member. 148
MBOC Election Officer or a COMELEC representative, as Chairman; the
Municipal Treasurer, as Vice‐Chairman; and the District School
Supervisor, or in his absence, the most senior Principal of the school
district, as Member
City BOC City Election Officer or a COMELEC lawyer, as Chairman; the City
Prosecutor, as Vice‐Chairman; and the Division Superintendent of
Schools, as Member
Note: In cities with more than one Election Officer, COMELEC shall
designate the Election Officer who shall act as chairman. 149
146
COMELEC Resolution No. 8809 (30 March 2010), Section 1.
147
COMELEC Resolution No. 8809 (30 March 2010) Section 2.
148
COMELEC Resolution No. 8809 (30 March 2010), Section 5; Republic Act No. 6646 (1988), Section. 20 (a) states that the provincial
BOC shall be composed of 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.
No. The composition of the BOCs, whether it be provincial, city, or municipal is not
materially affected by Republic Act No. 9369.
This technology‐capable person shall be known as CCS operator. The CCS operators
shall be designated by the Provincial Election Supervisor concerned, in the case of the
city BOC/municipal BOC outside the National Capital Region (NCR), and by the NCR
Regional Election Director in the case of the city, municipal and district BOC in the
NCR. The Regional Election Director concerned shall designate the CCS operator in the
case of the provincial boards of canvassers in regions outside the NCR. 151
One who is related within the fourth civil degree of consanguinity or affinity to any
member of the BOC which he will assist or to any of the candidate whose votes shall be
canvassed by the BOC which he will assist is disqualified from being a CCS Operator. 152
Those related within the fourth civil degree of consanguinity or affinity to any of the
candidates whose votes will be canvassed by said BOC, or to any member of the same
BOC shall be disqualified from being a BOC Chairman or member. 153
112. What happens if the BOC Chairman or member is not available, absent,
149
COMELEC Resolution No. 8809 (30 March 2010), Section 4; Republic Act No. 6646 (1988), Section. 20 (b) states that the city BOC
shall be composed of 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. In cities with more than one election registrar, the COMELEC shall designate the election
registrar who shall act as chairman.
150
Republic Act No. 9369 (2007), Section 5.
151
COMELEC Resolution No. 8809 (30 March 2010), Section 7.
152
COMELEC Resolution No. 8809 (30 March 2010), Section 7.
153
Batas Pambansa Blg. 881 (1985), Section 222.
For other BOC members, COMELEC shall appoint as substitute the following in the
order named:
BOC Substitute
PBOC a. Provincial Auditor,
b. Register of Deeds,
c. Clerk of Court nominated by the Executive Judge of the Regional
Trial Court, and
d. other available appointive provincial official
CBOC a. City Auditor,
b. Register of Deeds,
c. Clerk of Court nominated by the Executive Judge of the Regional
Trial Court, and
d. other available appointive city official
MBOC a. Municipal Administrator
b. Municipal Assessor
c. Clerk of Court of the Municipal Trial Court nominated by the
Executive Judge of the Municipal Trial Court, or
d. any other available appointive municipal officials
154
COMELEC Resolution No. 8809 (30 March 2010), Section 8; Batas Pambansa Blg. 881 (1985), Section 226 states: “In case of non‐
availability, absence, disqualification due to relationship, or incapacity for any cause of the chairman, the COMELEC shall designate
the provincial or city fiscal to act as chairman. Likewise, in case of non‐availability, absence, disqualification due to relationship, or
incapacity for any cause, of such designee, the next ranking provincial or city fiscal shall be designated by the COMELEC and such
designation shall pass to the next in rank until the designee qualifies.”
155
COMELEC Resolution No. 8809 (30 March 2010), Section 8; Batas Pambansa Blg. 881 (1985), Section 226 states: “With respect to the
other members of the BOC, the COMELEC shall appoint as substitute the provincial, city or municipal officers of other government
agencies in the province, city or municipality, as the case may be, and with respect to the representatives of the accredited political
parties, the COMELEC shall appoint as substitutes those nominated by the said political parties.”
The authority to appoint substitute BOC members shall be vested in the following:
Within twenty‐four (24) hours from issuance of the appointment of a substitute, they
shall inform the Office of the COMELEC Executive Director in writing about the (i)
appointment, and (ii) reason for substitution. 156
114. What shall be done should a regular BOC member appear to be absent?
In case a regular BOC member is absent, the BOC members present shall first verify
whether notice has been served on the absent member. In case no such notice was
sent, a notice shall be immediately served on the absent member. If the latter cannot
be located or his whereabouts are unknown, he shall be substituted. These facts shall
be recorded in the Minutes of the BOC. As soon as the absent member appears, the
substitute member shall relinquish his seat in favor of the regular member. 157
115. What is required and what shall be done in case a regular BOC member of the
Board is incapacitated by sickness or serious injury?
156
COMELEC Resolution No. 8809 (30 March 2010), Section 8.
157
COMELEC Resolution No. 8809 (30 March 2010), Section 12.
116. Who shall record and prepare the Minutes of BOC proceedings?
The district school supervisor, or the principal, the city or provincial superintendent of
schools, as the case may be, or any representative of the DepEd shall act as Secretary,
unless otherwise ordered by the COMELEC. He shall prepare the minutes of the Board
by recording therein the proceedings and such other incidents or matters relevant to
the canvass. 159
117. How and when should the minutes of the canvassing be reported?
A certified copy of the Minutes of Canvass shall be sent by registered mail to the Law
Department of the COMELEC. Said department shall likewise be notified by telegram
indicating the date and the manner of transmittal of the Minutes of Canvass. 160
The Minutes of Canvass shall be transmitted within five (5) days from termination of
canvass.
118. May a member of the BOC be transferred, assigned or detailed outside of his
official station, or leave said station without prior authority of the COMELEC
during the period beginning election day until the proclamation of the winning
candidates? Is there an exception to this rule?
During the period beginning on election day until the proclamation of the winning
candidates, no BOC member or substitute shall be transferred, assigned or detailed
outside of his official station, nor shall he leave said station without prior authority of
the COMELEC. 161
158
Batas Pambansa Blg. 881 (1985), Section 224.
159
COMELEC Resolution No. 8809 (30 March 2010), Section 9.
160
COMELEC Resolution No. 8809 (30 March 2010), Section 25.
161
Batas Pambansa Blg. 881 (1985), Section 223; See also COMELEC Resolution No. 8809 (30 March 2010), Section 14.
119. What are the functions and responsibilities of the Provincial, City, District and
MBOCs?
120. What are the duties of the National BOC for President and Vice‐President?
The national BOC for President and Vice president shall electronically transmit a duly
certified COC to the Senate president.
Upon receipt of the COCs, the Senate President shall, not later than thirty (30) days
after the day of the election, open all the certificates in the presence of the Senate and
the House of Representatives in joint public session.
Upon determination of the authenticity and the due execution thereof in the manner
provided by law, Congress canvass all the results for president and vice‐president and
thereafter, proclaim the winning candidates. 164
162
COMELEC Resolution No. 8809 (30 March 2010), Section 14.
163
COMELEC Resolution No. 8809 (30 March 2010), Section 18.
164
Republic Act No. 8436 (1997), Section 28, as amended by Republic Act No. 9369 (2007), Section 23; See also Sixto S. Brillantes, Jr., et
al. v. COMELEC, G.R. No. 163193, 15 June 2004.
121. What procedures shall the BOC observe before the canvassing begins?
Before the canvassing begins, the BOC shall observe the following procedures: 165
Show to the public and watchers Remove the plastic seal of the
that the CCS box is sealed. CCS box.
165
COMELEC Resolution No. 8809 (30 March 2010), Section 26.
Immediately after convening, the Board shall receive from the RCG the envelope
containing the memory card for the PCOS labeled “NOT TRANSMITTED” and
undertake the following canvassing procedures: 166
Plug the power cord of the Plug the extension cord to
Turn on the laptop by
laptop to the extension the electrical outlet or
pressing the power button.
cord. generator.
Install the available SIM Connect the USB modem Hit the ENTER button in
card provided in the USB extension cable to the the WELCOME page of
modem. USB port of the laptop. the CCS.
166
COMELEC Resolution No. 8809 (30 March 2010), Section 27 (a).
After initializing the CCS, in the “WELCOME” page, the CCS operator shall 167:
124. How are the transmissions of data from voting centers monitored by the Boards?
The municipal BOC/city BOC through the CCS Operator shall 168:
167
COMELEC Resolution No. 8809 (30 March 2010), Section 27 (b).
168
COMELEC Resolution No. 8809 (30 March 2010), Section 27 (c).
In case the BOC receives from the Reception and Custody Group (RCG) an envelope
labeled with “NOT TRANSMITTED”, the BOC shall open the said envelope, retrieve the
memory card and give the same to the CCS Operator.
CBOC/MBOC
Click ADMINISTRATION
Insert the main memory
Attach memory card in the Home page. The
card in the main memory
reader to the laptop. Administration options will
card reader.
appear.
The CCS operator shall generate Canvass Report before generating and printing COC.
For this purpose, the CCS operator shall:
Before a Certificate of Canvass (COC) can be generated and printed, the CCS operator
must first generate and print a consolidated Canvass Report. For this purpose, the CCS
operator shall:
Click GENERATE
Request any member of
CONSOLIDATED
the Board to insert his
Click the CANVASSING CANVASS REPORT. A
USB token in the laptop
option in the Home page.cl dialogue box will appear
and type his username
requiring the insertion of
and password. Click OK.
security tokens.
After generating and printing eight (8) copies of the COCs for all positions and
announcing the results, the Board, through the CCS operator, shall immediately
transmit the COCs to the Canvassing Boards concerned, and to the central server. The
CCS operator shall
129. What procedure must be followed in the printing of remaining COC Reports?
After transmission of the COCs to the Canvassing Boards concerned and to the central
server, the CCS operator shall:
Click GENERATE
Select the position for
CERTIFICATES OF
Click CANVASSING in the which a COC will be
CANVASS (COC). A
Home page. generated. A prompt will
prompt will require security
require security tokens.
tokens.
133. What must be done after all the reports, i.e. COC, SOV, COCP, Audit Log are
printed?
Immediately after printing copies of the COCs, SOVs and COCP, the Board shall:
After all the results have been successfully transmitted, the CCS Operator shall:
Click BACK-UP RESULTS
Insert a blank disc in the Click ADMINISTRATION CCS FILES. Wait until the
CD drive. in the Home page. back-up process is
completed.
136. When is the BOC Chairman required to give notice of the BOC’s initial and
succeeding meetings?
Not later than May 5, 2010, the Chairman of the Board shall give written notice to its
members and to each candidate, political party or coalition of political parties fielding
candidates (hereinafter referred to as political party), and party, organization/coalition
participating under the party‐list system (hereinafter referred to as party‐list groups)
of the date, time and place of the canvassing, which shall be held, unless otherwise
ordered by the COMELEC, in the session hall of the Sangguniang Bayan/
Panlungsod/Panlalawigan.
Similar notices shall also be given for subsequent meetings unless notice has been
given in open session. Proof of service of notice to each member, candidate, political
party fielding candidates and party‐list groups shall be attached to and form part of
the records of the proceedings. If notice is given in open session, such fact shall be
recorded in the minutes of the proceedings.
Failure to give notice of the date, time and place of the meeting of the
BOC is an election offense under Sec. 261 (aa) (1) of the Omnibus Election
Code. 169
Examples:
Where the BOC merely recessed after it convened at 6:00 p.m. because there were no
returns to canvass yet, and then resumed its proceedings when the returns arrived,
there is no necessity to send another notice to its members and to each candidate and
political party representing the candidates. In this case, there is no subsequent
meeting of the BOC to speak of. 170
Where there is no doubt that the short notices (barely an hour) given to the candidates
were expressly designed to prevent their attendance, the same is sufficient ground to
annul the canvass. 171
The BOCs shall convene at 12:00 o’clock noon of May 10, 2010 at the designated place
to initialize the CCS and to receive and canvass the electronically‐transmitted ERs or
the COCs. It shall meet continuously until the canvass is completed, and may adjourn
only for the purpose of awaiting the other ERs/COCs. 172
138. What is the vote required for the BOC to render a decision in issues and matters
before them?
A majority of the BOC members shall constitute a quorum for the transaction of
business, and a majority vote of all members thereof shall be necessary to render a
decision. 173
169
COMELEC Resolution No. 8809 (30 March 2010), Section 10; See also Republic Act No. 6646 (1988), Section 23.
170
Quilala v. COMELEC, G.R. No. 82726, 13 August 1990.
171
Rufino S. Antonio, Jr. v. COMELEC, G.R. No. L‐31604, 17 April 1970.
172
COMELEC Resolution No. 8809 (30 March 2010), Section 11.
173
COMELEC Resolution No. 8809 (30 March 2010), Section 17; See also Batas Pambansa Blg. 881 (1985), Section 225.
139. What rights do registered political parties, coalition of parties, and candidates
have before the BOC and during canvassing?
174
COMELEC Resolution No. 8809 (30 March 2010), Section 19; See also Republic Act No. 6646 (1988), Section 25.
175
COMELEC Resolution No. 8809 (30 March 2010), Section 21; See also Batas Pambansa Blg. 881 (1985), Section 232.
Yes. The BOC may, whenever necessary, by majority vote direct in writing for the
detail of policemen or peace officers for their protection or for the protection of the
machines, election documents and paraphernalia, or for the maintenance of peace and
order, in which case said policemen or peace officers, who shall be in proper uniform,
shall stay outside the room but near enough to be easily called by the Board at any
time. 176
143. What is the consequence of the refusal of any person to obey any lawful order of
the BOC or of disorderly conduct in a manner as to disturb or interrupt the
proceedings of the BOC?
The BOC may order, in writing, any peace officer/ soldier to take such person in
custody until the adjournment of the meeting. In the absence of any peace officer, any
other competent and able person deputized by the Board in writing, may execute such
order. The BOC shall have full authority to keep order within the canvassing room or
hall, and its premises and enforce obedience to its lawful orders. 177
144. What will be considered as official election results and which shall be used as the
basis for proclamation?
The COCs transmitted electronically and digitally signed 178 shall be considered as
official election results and shall be used as the basis for the proclamation of a winning
candidate. 179
The SOV, which is a tabulation per precinct of the votes garnered by the candidates as
reflected in the ERs, forms the basis of the COC and of the proclamation.
176
COMELEC Resolution No. 8809 (30 March 2010), Section 21; See also Batas Pambansa Blg. 881 (1985), Section 232.
177
COMELEC Resolution No. 8809 (30 March 2010), Section 18; See also Republic Act No. 6646 (1988), Section 24.
178
See discussion on authenticity and due execution, infra.
179
Republic Act No. 8436 (1997), Section 25, as amended by Republic Act No. 9369 (2007), Section 20.
Any error in the SOV ultimately affects the validity of the proclamation. If a
candidate’s proclamation is based on a SOV which contains erroneous entries, it is null
and void. It is no proclamation at all and the proclaimed candidate’s assumption of
office cannot deprive the COMELEC of the power to annul the proclamation. 180
147. Who shall have the responsibility of receiving and safekeeping of the main
memory card and of the hardcopies of ERs?
The BOC may constitute a Reception and Custody Group (RCG) for the reception and
safekeeping of main memory card and of the hardcopies of ERs, at the rate of one (1)
RCG for every five hundred (500) clustered precincts in the city/municipality/district or
one (1) RCG for each province for the reception and safekeeping of the hardcopies of
COCs and SOVs.
For this purpose, the Election Officer or the Provincial Election Supervisor shall provide
the RCG with the Project of Precincts of the city/municipality/district or the list of
municipalities/cities in the province, as the case may be. 181
180
Flauta v. COMELEC, G.R. No. 184586, 22 July 2009.
181
COMELEC Resolution No. 8809 (30 March 2010), Section 22.
182
COMELEC Resolution No. 8809 (30 March 2010), Section 22.
183
COMELEC Resolution No. 8809 (30 March 2010), Section 22.
a) Receive from:
1) The BEI, the envelope containing the main memory card of PCOS
labelled “TRANSMITTED” or “NOT TRANSMITTED, and the envelopes
containing the printed copies of the ERs intended for city/municipal
BOC (C/MBOC);
2) The C/MBOC, the envelope containing the CD of the municipal/city
CCS labelled “TRANSMITTED” or “NOT TRANSMITTED”, and the
envelope containing the printed copy of the COC intended for the
PBOC;
b) Log the date and time of receipt, the condition and serial numbers of each
envelope and its corresponding paper seal, the precinct number, and the
city/municipality/district of the ERs/COCs ;
c) Mark:
e) Immediately submit to the Board after recording the necessary data the
envelope containing the main memory card/CD labelled “NOT
TRANSMITTED”;
f) Log the date and time of receipt, the condition and serial numbers of each
envelope and its corresponding paper seal, the precinct number, and the
city/municipality/district of the ERs/COCs ;
184
COMELEC Resolution No. 8809 (30 March 2010), Section 23.
h) Forward to the Board, the ballot boxes containing the ERs/ COCs and one copy
of the list of precincts/ list of cities/municipalities/districts as marked.
i) Follow steps b to d of this section for the envelopes containing memory card/CD
labelled “TRANSMITTED” and thereafter, submit to the Board.
151. How many copies of the COCPs and SOVs shall be produced and how are the
copies to be distributed?
The Board shall generate and print sufficient copies of the COCP and SOV to be
distributed as follows: 185
185
COMELEC Resolution No. 8809 (30 March 2010), Section 29.
The second copy shall be posted on the bulletin board of the city
hall.
The first five (5) copies shall be separately folded and placed in
their corresponding envelopes.
The PBOC shall also print three (3) copies of the supporting
Statement of Votes by City/Municipal, and shall be attached to copies
(1), (2) and (3) of the Certificate of Canvass and Proclamation. Copies
(1), (2), (3) and (4) shall then be individually folded from top to bottom,
sealed with paper seals such that the certificates cannot be opened
without breaking the seal, and placed inside their respective envelopes
which shall likewise be sealed with paper seals.
No. The official and unofficial canvass, both to be administered by the COMELEC,
would most likely not tally. In the past elections, the "unofficial" quick count conducted
by the NAMFREL had never tallied with that of the official count of the COMELEC,
giving rise to allegations of "trending" and confusion. With a second "unofficial" count
to be conducted by the official election body, the COMELEC, in addition to its official
count, allegations of "trending," would most certainly be aggravated. As a
consequence, the electoral process would be undermined.
153. May independent candidates and other registered parties be entitled to a copy of
the COCs?
Yes. It shall be the duty of the citizens' arm designated by the COMELEC to conduct an
unofficial count to furnish independent candidates copies of the COC at the expense of
the requesting party. 187
The BOC shall also furnish all other registered parties copies of the COC at the expense
of the requesting party. 188
Any of the recipients of the print or digital copies of the COC and the supporting SOVs
may conduct an unofficial consolidation of votes and may announce the result thereof
to the public. 189
154. What is the duty of the BOC in relation to manner of posting the COCs?
a. Immediately after the sixth copy of the COCs and its supporting SOVs are printed,
the BOC Chairman shall announce the posting of said prints on a wall within the
premises of the canvassing center, which must be sufficiently lighted and
accessible to the public. Any person may view or capture an image of the COC or
the supporting SOV by means of any data capturing device such as, but not limited
to, cameras at any time of the day for forty‐eight (48) hours following the posting.
b. After such period, the BOC Chairman shall detach the ER from the wall and keep
the same in his custody to be produced as may be requested by any voter for
186
Sixto S. Brillantes, Jr., et al. v. COMELEC, G.R. No. 163193, 15 June 2004.
187
Republic Act No. 8436 (1997), Section 26, as amended by Republic Act No. 9369 (2007), Section 21.
188
Republic Act No. 8436 (1997), Section 26, as amended by Republic Act No. 9369 (2007), Section 21.
189
Republic Act No. 7166 (1991), Section 28, as amended by Republic Act No. 9369 (2007), Section 39.
c. The COMELEC shall also post its digital files in its website for the public to view or
download at any time of the day. The COMELEC shall maintain the files for at least
three years from the date of posting. 191
The Chairman of the Boards shall personally deliver by fastest means the hard copies
of COCs and SOVs including the back‐up CDs to the following:
PBOC, CBOC in Congress sitting as the National Copy of COC for the
cities BOC President and Vice‐
comprising two President; and
or more
legislative
districts, and
DBOC : COMELEC sitting as the
National BOC for Senator and
Party‐List 192
190
Republic Act No. 8436 (1997), Section 26, as amended by Republic Act No. 9369 (2007), Section 21.
191
Republic Act No. 7166 (1991), Section 29, as amended by Republic Act No. 9369 (2007), Section 40.
192
COMELEC Resolution No. 8809 (30 March 2010), Section 30.
The BOCs shall place the ERs/COCs in ballot boxes that shall be locked with three
padlocks and one serially numbered self‐locking seal. The BOC members shall each
keep a key to the three (3) padlocks. The serial number of every seal used shall be
entered in the Minutes.
The ballot boxes shall be kept in a safe and secured room before, during and after the
canvass. The door to the room shall be locked with three padlocks with the keys
thereof kept by each member of the Board.
The watchers shall have the right to guard the room. 193
157. In addition to offenses already defined under the Omnibus Election Code, what
are the acts considered as election offenses relative to canvassing?
ELECTION OFFENSE
The following acts relative to canvassing shall constitute election offense 194:
� Removing the COC posted on the wall, whether within or after the
prescribed forty‐eight (48) hours of posting
� Defaces the COC in any manner
� Simulating an actual or copies (print or digital) of COC or SOV
� Simulating the certification of a COC or SOV
� Removing the COC or its supporting SOV from the wall for any purpose
other than immediately transferring them to a more suitable place
� Signing or authenticating a print of the COC or its supporting SOV outside
of the polling place
� Signing or authenticating a print which bears an image different from the
COC or SOV produced after counting and posted on the wall
� Tampering, increasing, or decreasing the votes received by a candidate
� Refusing, after proper verification and hearing, to credit the correct votes
or deduct such tampered votes
Note: Large scale or substantial tampering, increase or decrease of votes or the
refusal to credit the correct votes and/or to deduct tampered votes shall be
considered a SPECIAL election offense to be known as electoral sabotage
and the penalty to be imposed shall be life imprisonment.
193
COMELEC Resolution No. 8809 (30 March 2010), Section 31.
194
COMELEC Resolution No. 8809 (30 March 2010), Section 32.
a. Each COC was executed, signed and thumbmarked by the BOC chairman and
members and transmitted or caused to be transmitted by them;
b. Each COC contains the names of all of the candidates for President and Vice‐
President or senator, as the case may be, and their corresponding votes in
words and in figures;
c. There exists no discrepancy in other authentic copies of the COC or in any of its
supporting documents such as the SOV by city/municipality by precinct or
discrepancy in the votes of any candidate in words and figures in the
certificate; 195 and
d. There exists no discrepancy in the votes of any candidate in words and figures
in the COCs against the aggregate number of votes appearing in the ERs of
precincts covered by the COCs: Provided, That certified print copies of ERs or
COCs may be used for the purpose of verifying the existence of the
discrepancy. 196
e. The process of authentication may be supplemented, where applicable, by
appropriate authentication and certification procedures for electronic data,
electronic documents and electronic signatures as provided in Republic Act No.
8792, or the Electronic Commerce Act, 197 as well as the rules promulgated by
195
Aquilino L. Pimentel III v. COMELEC, et al., G.R. No. 178413, 13 March 2008.
196
Republic Act No. 7166 (1991), Section 30, as amended by Republic Act No. 9369 (2007), Section 30; See also Aquilino L. Pimentel III v.
COMELEC, et al. , G.R. No. 178413, 13 March 2008.
197
Republic Act No. 8792 (2000), Section 11 states:
“Section 11. Authentication of Electronic Data Messages and Electronic Documents.‐ Until the Supreme Court by appropriate rules shall
have so provided, electronic documents, electronic data messages and electronic signatures, shall be authenticated by
demonstrating, substantiating and validating a claimed identity of a user, device, or another entity is an information or
communication system, among other ways, as follows;
(a) The electronic signatures shall be authenticated by proof than a letter , character, number or other symbol in electronic form
representing the persons named in and attached to or logically associated with an electronic data message, electronic document, or
that the appropriate methodology or security procedures, when applicable, were employed or adopted by such person, with the
intention of authenticating or approving in an electronic data message or electronic document;
(b) The electronic data message or electronic document shall be authenticated by proof that an appropriate security procedure, when
applicable was adopted and employed for the purpose of verifying the originator of an electronic data message or electronic
document, or detecting error or alteration in the communication, content or storage of an electronic document or electronic data
message from a specific point, which, using algorithms or codes, identifying words or numbers, encryptions, answers back or
acknowledgement procedures, or similar security devices.
The Supreme Court may adopt such other authentication procedures, including the use of electronic notarization systems as
necessary and advisable, as well as the certificate of authentication on printed or hard copies of the electronic documents or
electronic data messages by electronic notaries, service providers and other duly recognized or appointed certification authorities.
The person seeking to introduce an electronic data message or electronic document in any legal proceeding has the burden of
proving its authenticity by evidence capable of supporting a finding that the electronic data message or electronic document is what
the person claims it to be.
E. Remedies
If the petition is filed directly with the Board, its decision may be appealed to the
COMELEC within three (3) days from issuance thereof. However, if commenced
directly with the COMELEC, the verified petition shall be filed immediately when the
board begins to act illegally, or at the time of the appointment of the member of the
board whose capacity to sit as such is objected to. 199
In the absence of evidence to the contrary, the integrity of the information and communication system in which an electronic data
message or electronic document is recorded or stored may be established in any legal proceeding –
a.) By evidence that at all material times the information and communication system or other similar device was operating in a manner
that did not affect the integrity of the electronic data message or electronic document, and there are no other reasonable grounds to
doubt the integrity of the information and communication system,
b.) By showing that the electronic data message or electronic document was recorded or stored by a party to the proceedings who is
adverse in interest to the party using it; or
c.) By showing that the electronic data message or electronic document was recorded or stored in the usual and ordinary course of
business by a person who is not a party to the proceedings and who did not act under the control of the party using the record.
198
Republic Act No. 8436 (1997), Section 30, as amended by Republic Act No. 9369 (2007), Section 25; A.M. NO. 01‐7‐01‐SC, Rule 5, Sec.
2 states:
“SEC. 2. Manner of authentication. – Before any private electronic document offered as authentic is received in evidence, its
authenticity must be proved by any of the following means:
(a) by evidence that it had been digitally signed by the person purported to have signed the same;
(b) by evidence that other appropriate security procedures or devices as may be authorized by the Supreme Court or by law for
authentication of electronic documents were applied to the document; or
(c) by other evidence showing its integrity and reliability to the satisfaction of the judge.
199
COMELEC Resolution No. 8809 (30 March 2010), Section 24.
The Senate President or COMELEC Chairman shall require the BOC concerned to
transmit by personal delivery, the ERs from polling places that were not included in the
COC and supporting statements.
Said ERs shall be submitted by personal delivery within two (2) days from receipt of
notice. 200
162. What if any COC or supporting SOV by city/ municipality or by precinct bears
erasures or alterations?
When it appears that any COC or supporting SOV by city/ municipality or by precinct
bears erasures or alterations, which may cast doubt as to the veracity of the number of
votes stated herein and may affect the result of the election, upon request of the
presidential, vice‐presidential or senatorial candidate concerned or his party, Congress
or COMELEC en banc, as the case may be, shall, for the sole purpose of verifying the
actual number of votes cast for President and Vice‐President or senator, count the
votes as they appear in the copies of the ERs submitted to it. 201
163. Do formal defects alone on the ERs in their preparation and delivery for
canvassing justify their exclusion?
No. While formal defects may involve a violation of the rules governing the preparation
and delivery of ERs for canvassing, they do not necessarily affect the authenticity and
genuineness of the subject ERs as to warrant their exclusion from the canvassing. 202
As long as the ERs which on their face appear regular and wanting of any physical signs
of tampering, alteration or other similar vice, such ERs cannot just be unjustifiably
excluded. 203
a. failure to close the entries with the signatures of the election inspectors
b. lack of inner and outer paper seals
c. canvassing by the BOC of copies not intended for it
d. lack of time and date of receipt by the BOC of Ers
200
Republic Act No. 7166 (1991), Section 30, as amended by Republic Act No. 9369 (2007), Section 37.
201
Republic Act No. 7166 (1991), Section 30, as amended by Republic Act No. 9369 (2007), Section 37.
202
Ocampo v. COMELEC, G.R. No. 137470, 15 February 2000.
203
Ocampo v. COMELEC, G.R. No. 137470, 15 February 2000.
165. Is there an exception to the rule that ERs which on their face appear regular and
wanting of any physical signs of tampering, alteration or other similar vice cannot
just be unjustifiably excluded?
Yes. If the COMELEC, in the exercise of its duties under the Election Code, can require
BOCs to consider only genuine and authentic, not falsified, ERs, it can logically require
such BOCs to exclude from the canvass ERs that were actually the product of coercion,
even if they be clean in their face. An ER prepared at the point of a gun is no ER at all; it
is not one notch above a falsified or spurious ER. 204
167. Are there other instances where a manual count may be resorted to?
Yes. The COMELEC is not precluded from conducting a manual count when the
automated counting system fails. For example, where the error in counting is not
machine related or where a manual count is reasonable, as it was the only way to count
the decisive local votes. 206 The Constitution gives the COMELEC the broad power "to
enforce and administer all laws and regulations relative to the conduct of an election,
plebiscite, initiative, referendum and recall." 207
In another instance, where the counting machine assigned to the municipality a did not
reflect the true results of the voting, i.e. the votes were not reflected in the printout of
204
Rufino S. Antonio, Jr. v. COMELEC, G.R. No. L‐31604, April 1970; See also Pacis v. Comelec, G.R. No. L‐29026, 28 September 1968.
205
Republic Act No. 8436 (1997), Section 29, as amended by Republic Act No. 9369 (2007), Section 24.
206
Maruhom v. COMELEC, et al., G.R. No. 139357, 5 May 2000.
207
The 1987 Philippine Constitution, Article IX (C), Section 2(1).
FAILURE OF ELECTION
A failure of election may be declared in the following
instances:
The existence of factors such as lack of notice of the date and time of canvass; fraud,
violence, terrorism and analogous causes; disenfranchisement of voters; presence of
flying voters; and unqualified BEI members do not necessarily constitute a failure of
election. These grounds are proper only in an election contest but not in a petition to
declare a failure of election and to nullify a proclamation.
COMELEC can call for the holding or continuation of election by reason of failure of
election only when the election is not held, is suspended or results in a failure to elect.
The latter phrase, in turn, must be understood in its literal sense, which is "nobody was
elected." 210
208
Loong v. COMELEC, G.R. No. 133676, 14 April 1999.
209
Batas Pambansa Blg. 881 (1985), Section 6.
210
Borja v. COMELEC, G.R. No. 120140, 21 August 1996.
An interested party may file a verified petition. After due notice and hearing,
COMELEC may call for the holding or continuation of the election, not held, suspended
or which resulted in a failure to elect but not later than thirty (30) days after the
cessation of the cause of such postponement or suspension of the election or failure to
elect. 211
The COMELEC sitting en banc, by a majority vote of its members, may decide the
declaration of failure of election and the calling of special election. 212
172. What are the jurisdictional facts that must be alleged in a petition for declaration
of failure of election?
Before the COMELEC can act on a verified petition seeking to declare a failure of
election two conditions must concur, namely:
a. no voting took place in the precinct or precincts on the date fixed by law, or even if
there was voting, the election resulted in a failure to elect; and
b. the votes not cast would have affected the result of the election.
Note that the cause of such failure of election could only be any of the following: force
majeure, violence, terrorism, fraud or other analogous causes. 213
174. What can an interested party do to contest ERs and matters relating to the
preparation, transmission, receipt, custody and appreciation of the ERs, and the
COCs?
211
Batas Pambansa Blg. 881 (1985), Section 6.
212
Batas Pambansa Blg. 881 (1985), Section 6; Republic Act No. 7166 (1991), Section 4.
213
Banaga v. COMELEC, GR No. 134696, July 31, 2000.
214
Republic Act No. 7166 (1991), Section 4.
215
Republic Act No. 7166 (1991), Section 17; See also Aquilino L. Pimentel III v. COMELEC, et al., G.R. No. 178413, 13 March 2008.
216
Republic Act No. 7166 (1991), Section 20.
b. Upon receipts of any such objection, the BOC shall automatically defer the
canvass of the contested returns and shall proceed to canvass the returns
which are not contested by any party.
c. Simultaneous with the oral objection, the objecting party shall also enter his
objection in the form for written objections to be prescribed by the COMELEC.
Within twenty‐four (24) hours from and after the presentation of such an
objection, the objecting party shall submit the evidence in support of the
objection, which shall be attached to the form for written objections. Within
the same period of twenty‐four (24) hours after presentation of the objection,
any party may file a written and verified opposition to the objection in the form
also to be prescribed by the COMELEC, attaching thereto supporting evidence,
if any. The BOC shall not entertain any objection or opposition unless reduced
to writing in the prescribed forms. The evidence attached to the objection or
opposition, submitted by the parties, shall be immediately and formally
admitted into the records of the BOC by the chairman affixing his signature at
the back of each every page thereof.
d. Upon receipt of the evidence, the BOC shall keep up the contested returns,
consider the written objections thereto and opposition, if any, and summarily
and immediately rules thereon. The BOC shall enter its ruling on the prescribed
form and authenticate the same by the signatures of its members.
e. Any part adversely affected by the ruling of the BOC shall immediately inform
the BOC if he intends to appeal said ruling. The BOC shall enter said
information in the minutes of the canvass, set aside the returns and proceed to
consider the other returns.
f. After all the uncontested returns have been canvassed and the contested
return ruled upon by it, the BOC shall suspend the canvass. Within forty‐eight
(48) hours, therefrom, any party adversely affected by the ruling may file with
the BOC a written and verified notice of appeal; and within an inextendible
period of five (5) days thereafter an appeal may be taken to the COMELEC.
g. Immediately upon receipt of the notice of appeal, the BOC shall make an
appropriate report to the COMELEC, elevating therewith the complete records
h. On the basis of the record and evidence elevate to it by the BOC, the
COMELEC shall decide summarily the appeal within seven (7) days from receipt
of said record and evidence. Any appeal brought before the COMELEC on the
ruling of the BOC, without the accomplished forms and the evidence appended
thereto, shall be summarily dismissed.
i. The decision of the COMELEC shall be executory after the lapse of seven (7)
days from receipts thereof by the losing party.
j. The BOC shall not proclaim any candidate as winner unless authorized by the
COMELEC after the latter has ruled on the object brought to it on appeal by
the losing party. Any proclamation made in violation hereof shall be void ab
initio, unless the contested returns will not adversely affect the results of the
election.
k. Any objection on the ERs before the city or MBOC, or on the municipal COCs
before the PBOC or district BOC in Metro Manila Area, shall be specifically
noticed in the minutes of their respective proceedings." 217
175. What can an interested party do to contest matters affecting the BOC
composition or proceedings?
Questions affecting the composition or proceedings of the BOC may be initiated in the
BOC or directly with the COMELEC. 218
Any person who presents in evidence a simulated copy of an ER, COC or SOV, or a
printed copy of an ER, COC or SOV bearing a simulated certification or a simulated
217
Republic Act No. 7166 (1991), Section 15, as amended by Republic Act No. 9369 (2007), Section 38.
218
Republic Act No. 7166 (1991), Section 15, as amended by Republic Act No. 9369 (2007), Section 38.
219
Republic Act No. 7166 (1991), Section 19.
177. May interested parties bring the question of whether or not there had been
terrorism, vote buying and other irregularities in the election before the BOC or
the COMELEC in a pre‐proclamation case?
No. The powers of the COMELEC are essentially executive and administrative in
nature, and the question of whether or not there had been terrorism, vote buying and
other irregularities, such as in the appreciation of ballots, in the election should be
ventilated in a regular election protest or election contest and not via a pre‐
proclamation case.
The BOC is a ministerial body. It is enjoined by law to canvass all votes on ERs
submitted to it in due form. Its powers are "limited generally to the mechanical or
mathematical function of ascertaining and declaring the apparent result of the election
by adding or compiling the votes cast for each candidate as shown on the face of the
returns before them, and then declaring or certifying the result so ascertained.” 221
Neither Constitution nor statute has granted the COMELEC or the BOCs the power, in
the canvass of ERs, to look beyond the face thereof, once satisfied of their
authenticity. 222
220
Republic Act No. 7166 (1991), Section 30, as amended by Republic Act No. 9369 (2007), Section 37.
221
Abes v. COMELEC, G.R. No. L‐28348, 15 December 1967; See also Sanchez v. COMELEC, G.R. No. L‐78461, 12 August 1987.
222
Abes v. COMELEC, G.R. No. L‐28348, 15 December 1967; See also Sanchez v. COMELEC, G.R. No. L‐78461, 12 August 1987.
The following shall be proper issues that may be raised in a pre‐proclamation case 224:
223
Batas Pambansa Blg. 881 (1985), Section 241, See also COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 6.
224
COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 3, Section 1, which eliminates the following grounds under Batas
Pambansa Blg. 881 (1985), when the Resolution clearly stated that the basis of the canvass shall be electronically transmitted results,
and not the Printed Election Returns:
a. The canvassed ER are incomplete,
b. The canvassed ER contain material defects,
c. The canvassed ER appears to be tampered with or falsified.
225
Batas Pambansa Blg. 881 (1985), Section 243, COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 3, Section 1.
226
Batas Pambansa Blg. 881 (1985), Section 243, COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 3, Section 1.
227
Batas Pambansa Blg. 881 (1985), Section 243.
228
Batas Pambansa Blg. 881 (1985), Section233.
No. Under the AES, only the composition and proceedings of the BOC may be raised in
a pre‐proclamation controversy. The scope of pre‐proclamation controversy is limited
to the issues enumerated under the COMELEC’s General Instructions, and under
Sections 233 and 243 of the Omnibus Election Code. The enumeration therein of the
issues that may be raised in a pre‐proclamation controversy is restrictive and
exclusive. 230
There is illegal composition of the BOC when, among other similar circumstances, any
of the members do not possess legal qualifications and appointments. 231 (See BOC
Composition Table)
The information technology capable person required to assist the BOC by Republic Act
No. 9369 shall be included as among those whose lack of qualifications may be
questioned.232
There is illegal proceeding of the BOC when the canvassing is a sham or mere
ceremony, the results of which are pre‐determined and manipulated. 233
229
COMELEC Resolution No. 8809 (30 March 2010), Section 24.
230
Ututalum vs. COMELEC, G.R. No. 84843‐44,22 January 1990, citing Bautista vs. COMELEC, G. R. No. 78994, 10 March 1988.
231
COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4.
232
COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 1.
233
COMELEC Resolution No. 8804 (March 22, 2010), Part II, Rule 4, Section 2.
Any of the following circumstances indicate an illegal proceeding of the BOC 234:
g. hurried canvassing;
h. terrorism;
i. lack of sufficient notice to the members of the BOC's;
j. Improper venue
NO. Pre‐proclamation cases are limited to challenges directed against the BOC, not
the Board of Election Inspectors. 235
No, a padded voters' list is clearly not among the issues that may be raised in a pre‐
proclamation controversy. It is a proper ground for an election protest. 236
190. What are the rights of political parties and candidates before the BOC in pre‐
proclamation cases?
234
COMELEC Resolution No. 8804 (March 22, 2010). Part II, Rule 4, Section 2.
235
Ututalum vs. COMELEC, G.R. No. 84843‐44, 22 January 1990.
236
Espaldon vs. COMELEC, L‐78987, 25 August 1987.
237
Batas Pambansa Blg. 881 (1985), Section 241, as amended by COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 3, Section
1.
Only one counsel may argue for each registered political party, organization, or
coalition of political parties, accredited citizens' arm or candidate.
No dilatory action shall be allowed by the BOC. It may impose time limits for oral
arguments.
Pre‐proclamation cases may be initiated in the BOC or directly with the COMELEC,
with a verified petition, clearly stating the specific ground/s for the illegality of the
composition and/or proceedings of the board.238
238
COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 3.
239
COMELEC Resolution No. 8804 (22 March, 2010), Part II, Rule 4, Section 4.
240
COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 4.
BOC deliberates
on the Petition
BOC issues a
written resolution
Petitioner
notifies BOC
of intent to NO YES BOC informs COMELEC makes
BOC in favor the appropriate
appeal COMELEC
of the
within 3 action
Petition?
days
COMELEC clerk
BOC files an answer sends summons
within 48 hours to BOC
COMELEC en
banc resolves
the Petition
within 5 days
COMELEC en banc
resolves the
NO, in no case shall the receipt by the BOC of the electronically transmitted precinct,
municipal, city, or provincial results, be suspended by the filing of said petition. 243
197. Will the formal proclamation of the official results of the election be suspended
by filing the Notice of Appeal on the BOC?
No, the notice on the BOC shall not suspend the formal proclamation of the official
results of the election, until the final resolution of the appeal. 244
No, mere affidavits cannot be relied on as evidence that will substantiate the
objections. 245
Pre‐proclamation cases are heard and decided by the COMELEC 246. However
candidates in the presidential, vice‐presidential, senatorial and congressional elections
are prohibited from filing pre‐proclamation cases. 247
243
COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 5 (a) (4).
244
COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 5 (a) (5).
245
Cordero vs. COMELEC, G.R. No. 134826, 6 July 1999.
246
Batas Pambansa Blg. 881 (1985), Section 242.
247
Republic Act No. 7166 (1991), Section 15.
248
Pimentel vs. COMELEC, G.R. No. 178413, 13 March 2008.
249
Republic Act No. 7166 (1991), Section 15, Republic Act No. 7166 (1991), as amended by Republic Act No. 9369 (2007), Section 38.
Upon receipt of the evidence, the BOC shall take up the controversy, consider the
written objections and oppositions, and immediately rule on the petition by a majority
vote.
There must be notice and hearing. Then after the hearing, it is also necessary that the
tribunal show substantial evidence to support its ruling 250
202. May the COMELEC rule on the petition without conducting a hearing?
No, the law requires that the hearing be held before the COMELEC rules on the
petition. 251
The COMELEC shall decide on the case within 7 days from the receipt of records and
evidence. The decision of the COMELEC shall take effect 7 days after the losing party
receives a copy of the decision.
204. What are the remedies that may be afforded in a pre‐proclamation case?
a. appear to have been tampered with, falsified or prepared under duress [Sec.
235]
b. and/or contain discrepancies in the votes credited to any candidate, the
difference of which affects the result of the election [Sec. 236]
250
Sandoval vs. COMELEC, G.R. No. 133842, 26 January 2000; citing Reyes vs. COMELEC, G.R. No. 52699, 15 May 1980.
251
Sandoval vs. COMELEC, G.R. No. 133842, 26 January 2000.
252
Chavez vs. COMELEC, G.R. No. 1055323, 3 July 1992.
253
Sema vs. COMELEC, G.R. No. 134163‐64, 13 December 2000.
254
Batas Pambansa Blg. 881 (1985), Section 233.
255
Chavez vs. COMELEC, G.R. No. 1055323, 3 July 1992; citing Sanchez v. Commission on Elections, G.R. No. L‐78461, 12 August 1987.
A proclamation may be annulled when the BOC failed to issue a timely ruling on the
controversy, depriving the complainant opportunity to appeal. 256
Yes, the BOC need not wait for the resolution of a Motion for Reconsideration of a pre‐
proclamation controversy pending before the COMELEC 257
208. May the COMELEC annul the proclamation of a candidate based on new
additional evidence presented in a pre‐proclamation controversy?
No, the COMELEC cannot base the annulment of a proclamation based on new and
additional evidence. To do so deprives the parties and the BOC the opportunity to
refute them 258
256
Sema vs. COMELEC, G.R. No. 134163‐64, 13 December 2000.
257
Chu vs. COMELEC, G.R. No. 135423, 29 November,1999.
258
Velayo vs. COMELEC, G.R. No. 135613,9 March 2000.
209. Is it still possible to contest the election even after the proclamation?
Yes. There are two (2) remedies available to contest the election after proclamation –
election protest and quo warranto.
Any losing candidate who has duly filed a certificate of candidacy and has been voted
for the same office can file a sworn petition for election protest. 260
The losing candidate who is filing an election protest against an elective regional,
provincial or city official must have received the second or third highest number of
votes, or, in a multi‐slot position, was among the next four candidates following the
last ranked winner proclaimed, as reflected in the official results of the election
contained in the SOV. 261
Within ten (10) days after the proclamation of the results of the election. 262 However,
the pendency of a pre‐proclamation controversy involving the validity of the
proclamation shall suspend the running of the period to file an election protest. 263
Yes. Protestants or counter‐protestants are required to pay a filing fee of Php 10,000.
If there are claims for damages and attorney’s fees, additional filing fees shall be
required in accordance with the schedule provided for in Rule 141 of the Rules of
Court. 264
259
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 6, Section 2.
260
Batas Pambansa Blg. 881 (1985), Section 250, 251 and 252.
261
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 6, Section 2.
262
Batas Pambansa Blg. 881 (1985), Section 250, 251 and 252.
263
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 6, Section 6.
264
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 11, Section 1.
Yes. Cash deposit is required when the protest requires (i) recount of ballots or re‐
tabulation of election returns, or (ii) bringing to the COMELEC of copies of other
election documents, printed or electronic, as well as the machines or devices to which
electronic election documents are stored or may be processed.
a. One thousand Five Hundred Pesos (Php 1,500.00) for each precinct involved in
the protest or counter‐protest; provided that in no case shall the deposit be
less than Php 25,000, to be paid upon the filing of the election protest/counter‐
protest;
b. If the amount to be deposited does not exceed Php 100,000, the same shall be
paid in full within ten (10) days after the filing of the protest; and
c. If the deposit exceeds Php 100,000, a cash deposit in the amount of Php
100,000 shall be made within ten (10) days after the filing of the protest.
The balance shall be paid in such installments as may be required by the COMELEC
with at least five (5) days advance notice to the party required to make the
deposit.
265
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 11, Section 2.
266
The 1987 Philippine Constitution, Article VII, Section 4.
267
The 1987 Philippine Constitution, Article VI, Section 17.
268
The 1987 Philippine Constitution, Article VI, Section 17.
269
The 1987 Philippine Constitution, Article IX(C), Section 2; Batas Pambansa Blg. 881 (1985), Section 249 and 250.
270
Batas Pambansa Blg. 881 (2007), Section 251.
271
The 1987 Philippine Constitution, Article VI, Section 17; Article VII, Section 4; and Article IX(C), Section 2; Republic Act No. 7166
(1991), Section 22.
Before the proper court or tribunal may exercise special jurisdiction in election
protests, the following jurisdictional facts must be alleged in the election protest:
a. That the protestant was a candidate who has duly filed a certificate of
candidacy and was voted upon in the election;
b. That the protestee has been proclaimed in the said election; and
c. That the petition was filed within ten (10) days after the proclamation. 272
216. Is there any protective measure that can be employed to ensure the integrity of
the ballots pending an election protest?
217. When will the ballot boxes and election documents be brought to the COMELEC?
Within 48 hours from receipt of the answer with counter‐protest, if any, and whenever
the allegations in a protest or counter‐protest so warrant, the COMELEC shall order
the ballot boxes with their keys, lists of voters with voting records, books of voters, the
electronic data storage devices, and other documents, paraphernalia, or equipments
relative to the precincts involved in the protest or counter‐protest, to be brought
before it. 274
The recount of ballots shall commence on the date specified in the preliminary
conference order. 275
Any voter can file a sworn petition for quo warranto. 276
Within ten (10) days after the proclamation of the results of the election. 277
272
San Juan v. Cerilles, HRET Case No. 04‐007, 17 February 2005.
273
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 12, Section 1.
274
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 12, Section 2.
275
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 15, Section 1.
276
Batas Pambansa Blg. 881 (1985), Section 253.
Yes. Based on the suppletory applicability of the Rules of Court, the court may, in its
discretion, order execution to issue even before the expiration of the time to appeal,
upon good reasons to be stated in a special order.
The following constitute "good reasons," and a combination of two or more of them
will suffice to grant execution pending appeal: (1) the public interest involved or the
will of the electorate; (2) the shortness of the remaining portion of the term of the
contested office; and (3) the length of time that the election contest has been
pending. 282
277
Batas Pambansa Blg. 881 (1985), Section 253.
278
The 1987 Philippine Constitution, Article VII, Section 4.
279
The 1987 Philippine Constitution, Article VI, Section 17.
280
The 1987 Philippine Constitution, Article VI, Section 17.
281
The 1987 Philippine Constitution, Article IX(C), Section 2; Batas Pambansa Blg. 881 (1985), Section 253.
282
Ramas et. al. v. COMELEC et. al., GR No. 130831 , 10 February 1998.
The filing of a petition to annul or to suspend the proclamation of any candidate with
the COMELEC shall toll or suspend the running of the 10‐day period, respectively. 283
223. Is there a preference granted to election protests and quo warranto proceedings?
YES. The courts, in their respective cases, shall give preference to election contests
over all other cases, except those of habeas corpus, and shall without delay, hear and,
within thirty (30) days from the date of their submission for decision, but in every case
within six (6) months after filing, decide the same. 284
224. What are the differences between and election protest and a quo warranto
proceeding?
Issue Who obtained the highest number Qualification or the lack of it, of the
of legal votes winning candidate,
Who files Candidate who has duly filed a Any registered voter
certificate of candidacy and has
been voted for the same office
Effect on the Protestant may assume office after Protestee may be ousted, the
Prostestee protestee is unseated protestant will not be seated
225. In the case of an election protest, what will happen if the protestant dies after the
filing of the petition?
With the death of the protestant, there is no longer a protestant to speak of. A claim
to a public office is personal to the protestant and, therefore, cannot pass on to his
widow or other heirs. In which case, the petition will be dismissed. 285
283
Batas Pambansa Blg. 881 (1985), Section 248; See also Tan and Burahan v. COMELEC, GR Nos. 166143‐47, 20 November 2006.
284
Batas Pambansa Blg. 881 (1985), Section 258.
285
Abadilla v. Aban, HRET Case No. 95‐005, 11 September 1996; See also Poe v. Macapagal‐Arroyo, P.E.T. Case No. 002, 29 March 2005.
227. How about the quo warranto and election protest? May they be simultaneously
heard?
Yes. The proper tribunal/court’s jurisdiction over a quo warranto proceeding and a
protest proper can be exercised jointly and in the same proceeding. 287
It is protestant who had the burden of proof to show that the results of election are
false and erroneous. 288
229. What must be proven in an election protest and how must it be proved?
The issue in an election protest is who obtained the highest number of legal votes.
Then, the protestant must show that he actually obtained the highest number of valid
votes.
286
Tan and Burahan v. COMELEC, G.R. Nos. 166143‐47, 20 November 2006.
287
Loyola v. Dragon, HRET Case No. 92‐026, 31 January 1994.
288
Batuhan v. Cuenco, HRET Case No. 01‐032,22 January 2004.
289
Loyola v. Dragon, HRET Case No. 92‐026, 31 January 1994.
The reception of evidence on all matters of issues raised in the protest and counter‐
protest shall be presented and offered in a hearing upon completion of (a) the recount
of ballots, or re‐tabulation of election documents, or (b) the technical examination, if
warranted.
Reception of evidence shall be made in accordance with the following order of hearing:
231. What is the best evidence by which the protestant can prove that the results of
the election were erroneous?
In an election contest where what is involved is the correctness of the number of votes
of each candidate, the best and most conclusive evidence are the ballots themselves.
But where the ballots cannot be produced, were tampered or are not available, the ER
would be the best evidence. 291
While the ballots are the best evidence of the manner in which the electors have voted,
they are the best evidence only when their integrity can be satisfactorily established.
One who relies, therefore, upon overcoming the prima facie correctness of the official
canvass by a resort to the ballots must first show that the ballots are intact and
genuine. Once this is shown, the burden of proof shifts to the protestee of establishing
that the ballots have in fact been tampered with, or that they have been exposed
under such circumstances that a violation of them might have taken place. 292
290
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 18, Section 1.
291
Lerias v. HRET, GR No. 97105, 15 October 1991.
292
Rosal v. COMELEC, GR No. 168253 & 172741, 16 March 2007.
293
COMELEC Resolution No. 8804 (22 March 2010), Part IV, Rule 21, Section 1.
The person seeking to introduce an electronic document in an election protest has the
burden of proving its authenticity. 294
234. Can the petitioner claim damages in an election protest or quo warranto
proceeding?
Yes. The petitioner may be granted actual or compensatory damages. 295 The propriety
of the award of damages in favor of the protestant as against the protestee hinges on
whether or not, protestee committed an actionable wrong which could serve as basis
for the award. The mere fact that a protestant (or a plaintiff, for that matter) wins in an
adversarial proceeding does not automatically result in an award for damages against
the protestee (or defendant).
Conversely, if the protestant had lost in the protest, it also does not automatically
result in damages in favor of the protestee, otherwise, it will discourage parties from
seeking redress of grievances. Therefore, the prevailing party to be entitled to
damages involves an independent determination based on the facts and the law on
damages. 296
235. Are there any legal presumptions in appreciating the ballots and ER as evidence?
Yes. In the absence of evidence to the contrary, it is presumed that every election has
been conducted fairly, honestly and regularly; and the election inspectors, who
performed their duties under oath, are presumed to have discharged them faithfully,
to have appreciated the ballots correctly; and to have counted the votes accurately.
294
COMELEC Resolution No. 8804 (22 March 2010), Part IV, Rule 22, Section 1 and Section 2.
295
Batas Pambansa Blg. 881 (1985), Section 259.
296
Randa v. Libardos, EAC No. 210‐94, 24 August 1995; See also Malaluan v. COMELEC, GR No. 120193, 6 March 1996.
The following presumptions are considered as facts, unless contradicted or overcome by other
evidence:
� The election of candidates was held on the date and time set and in the polling place
determined by the COMELEC;
� The BEIs were duly constituted and organized;
� Political parties and candidates were duly represented by poll watchers;
� Poll watchers were able to perform their function; and
� The Minutes of Voting and Counting contains all the incidents that transpired before the
Board of Election Inspectors.
b.) On election paraphernalia:
� Ballots and election returns that hear the security markings and features prescribed by the
COMELEC are genuine;
� The data and information supplied by BEI members in the accountable forms are true and
correct; and
� The allocation, packing and distribution of election documents or paraphernalia were
properly and timely done.
c.) On appreciation of ballots:
297
Batuhan v. Cuenco, HRET Case No. 01‐032, 22 January 2004.
See Annex 1 for the list of election offenses that may be committed by (i) a voter; (ii) BEI
member ; (iii) any person in all three stages — before the voting (pre‐election), election
(during the voting), and after the voting (post‐election).
237. Who are liable for election offenses under the Omnibus Election Code?
The principals, accomplices, and accessories, as defined in the Revised Penal Code, shall be
criminally liable for election offenses.
If the one responsible is a political party or an entity, the president or head, the officials
and employees of the same who performed duties connected with the offense committed
and its members who may be principals, accomplices, or accessories shall be liable, in
addition to the liability of such party or entity. 298
238. What are the exemptions to the prohibition on selling, furnishing, offering,
buying, serving or taking intoxicating liquor on the days fixed by law for the registration
of voters in the polling place, or on the day before the election or on election day? 299
Hotels and other establishments duly certified by the Ministry of Tourism as tourist‐
oriented and habitually in the business of catering to foreign tourists may be exempted for
justifiable reasons upon prior authority of the COMELEC. Foreign tourists taking
intoxicating liquor in said authorized hotels or establishments are exempted.
A registered voter registering anew without filing an application for cancellation of his
previous registration is guilty of an election offense. 300 The first registration of any voter
subsists but any subsequent registration thereto is void ab initio. 301 The mere act of
requesting for cancellation is insufficient, the COMELEC must first act on the request for
cancellation. 302
240. What is the additional penalty to the election offense of refusal to carry election
mail matter?
Such refusal shall constitute a ground for cancellation or revocation of certificate of public
convenience or franchise.
298
Batas Pambansa Blg. 881 (1985), Section 263.
299
Batas Pambansa Blg. 881 (1985), Section 261 (dd) (1).
300
Batas Pambansa Blg. 881 (1985), Section 261 (y) (5).
301
Maruhom v. Comelec, G.R. No. 179430, 27 July 2009 citing Comelec Minute Resolution No. 00‐1513.
302
Maruhom v. Comelec, G.R. No. 179430, 27 July 2009 citing Comelec Minute Resolution No. 00‐1513.
Such refusal shall constitute a ground for cancellation or revocation of the franchise.
242. What is the procedure for the investigation of Vote‐Buying and Vote‐Selling?
A complaint for vote‐buying and vote‐selling must be presented. The complaint must be
supported by affidavits of complaining witnesses attesting to the offer or promise by or of
the voter’s acceptance of money or other consideration from the relatives, leaders or
sympathizers of a candidate. The COMELEC will then immediately conduct an
investigation, directly or through its duly authorized legal officers. 303
243. Who are liable for the offense of Vote‐Buying and Vote‐Selling?
The giver, offeror, and promisor as well as the solicitor, acceptor, recipient and conspirator
shall be liable as principals.
Any person, otherwise guilty under said paragraphs who voluntarily gives information and
willingly testifies on any violation thereof in any official investigation or proceeding shall
be exempt from prosecution and punishment for the offenses with reference to which his
information and testimony were given: Provided, further, That nothing herein shall exempt
such person from criminal prosecution for perjury or false testimony.
244. Will the presence of the form or name in the book of voters or certified
list of voters in other precincts justify the failure to include the approved application
form for registration of a qualified voter in the book of voters of a particular precinct
that prevents the voter from casting his votes as an election offense? Will the presence
of the form or name in the book of voters or certified list of voters in other precincts
justify the omission of the name of a duly registered voter in the certified list of voters of
the precinct where he is dulyregistered resulting in his failure to cast his vote during an
election, plebiscite, referendum, initiative and/or recall? 304
No to both. The presence of the form or name in the book of voters or certified list of
voters in precincts other than where he is duly registered shall not be used as an excuse for
the election offenses mentioned.
Proof that at least one voter in different precincts representing at least twenty percent
(20%) of the total precincts in any municipality, city or province has been offered,
promised or given money, valuable consideration or other expenditure by a candidate’s
303
Batas Pambansa Blg. 881 (1985), Section 68 or Section 265.
304
Republic Act No. 8189 (1996), Section 45 (h).
Where such proof affects at least twenty percent (20%) of the precincts of the
municipality, city or province to which the public office aspired for by the favored
candidate relates, the same shall constitute a disputable presumption of the involvement
of such candidate and of his principal campaign managers in each of the municipalities
concerned, in the conspiracy.
No, a candidate is liable for an election offense only for acts done during the campaign
period, not before. Any election offense that may be committed by a candidate under any
election law cannot be committed before the start of the campaign period. 306
Electoral Sabotage
The following acts shall constitute electoral sabotage 307:
� Any and all other forms or tampering increase/s and/or decrease/s of votes
perpetuated or in cases of refusal to credit the correct votes or deduct the
tampered votes, where the total votes involved exceed ten thousand
(10,000) votes.
305
Batas Pambansa Blg. 881 (1985), Section 261 (b).
306
Penera v. COMELEC, G.R. No. 181613, 25 November 2009; See also Republic Act No. 8436, Section 15, as amended by Republic Act
No. 9369 (2007), Section 13.
307
COMELEC Resolution No. 8809 (30 March 2010), Section 32.
a. Denial of the Right to be Present and to Counsel During the Canvass; 308
b. Entry of the Canvassing Room by security or armed personnel; 309
c. Filling a vacancy for councilor during the election ban; 310 and
d. Premature campaigning. 311
249. Are the acts considered unlawful by pertinent election laws also necessarily
considered election offenses?
Not necessarily, often times the liability is administrative only. Under Section 2, Article IX‐
C of the Constitution, the COMELEC may recommend to the President the imposition of
disciplinary action on any officer or employee the COMELEC has deputized for violation of
its directive, order or decision. Also, under the Revised Administrative Code, the
COMELEC may recommend to the proper authority the suspension or removal of any
government official or employee found guilty of violation of election laws or failure to
comply with COMELEC orders or rulings. 312
250. Must the deadly weapon be seized from the accused while inside a percent or
within 100 meters thereof to sustain a conviction for illegally carrying a deadly weapon
inside a precinct?
No, it is enough that he carried the deadly weapon “in the polling place or within 100
meters thereof” during any of the specified period to sustain a conviction for illegally
carrying a deadly weapon inside a precinct. 313
251. What are the elements of the election offense “transfer or detail of officers and
employees in the civil service”?
a. The fact of transfer or detail of a public officer or employee within the election
period as fixed by the COMELEC; and
b. The transfer or detail was done without prior approval of the COMELEC in
accordance with its implementing rules and regulations.
308
Malinias v. COMELEC, G.R. No. 146943, 4 October 2002 in relation to Republic Act No. 6646, Section 25.
309
Malinias v. COMELEC, G.R. No. 146943, 4 October 2002 in relation to Batas Pambansa Blg. 881, (1985), Section 232.
310
Ong v. Herrera‐Martinez, G.R. No. 87743, 21 August 1990,“The permanent vacancy for councilor exists and its filling up is governed by
the Local Government Code while the appointment referred to in the election ban provision is covered by the Civil Service Law.”
311
Penera v. COMELEC, G.R. No. 181613, 25 November 2009; See also Republic Act No. 8436 (1997), Section 15, as amended by Republic
Act No. 9369 (2007), Section 13.
312
Malinias v. COMELEC, G.R. No. 146943, 4 October 2002.
313
Mappalal v. Nunez, A.M. No. RTJ‐94‐1208, 26 January 1995.
The complaint shall be filed with the Law Department of the COMELEC; or with the offices
of the Election Registrars, Provincial Election Supervisors or Regional Election Directors, or
the State Prosecutor, Provincial Fiscal or City Fiscal. If filed with any of the latter three (3)
officials, investigation thereof may be delegated to any of their assistants. 314
The Regional Trial Court has jurisdiction even if the offense carries with it a penalty not
exceeding six (6) years. 315
254. Who has the exclusive power to conduct preliminary investigations of election
offenses?
The COMELEC used to have the exclusive power to conduct preliminary investigations of
election offenses. 316
However, the COMELEC shall, through its duly authorized legal officers, have the power,
concurrent with the other prosecuting arms of the government, to conduct preliminary
investigation of all election offenses punishable under this Code, and prosecute the
same. 317 Republic Act No. 9369 Section 43 seems to overturn earlier jurisprudence.
314
COMELEC Rules of Procedure, Rule VI, Section 1; See also Corpus v. Tanodbayan, G.R. No. L‐62075, 15 April 1987, Kilosbayan v.
COMELEC, G.R. No. 128054, 16 October 1997.
315
COMELEC v. Noynay, G.R. No. 132365, 9 July 1998.
316
People v. Inting, G.R. No. 88919, 25 July 1990.
317
Batas Pambansa Blg. 881 (1985), Section 265, as amended by Republic Act No. 9369 (2007) Section 43.
By a BEI Member
Pre‐Election Offenses Election Offenses Post‐Election Offenses
By a BOC Member
� Accepting an appointment to the board of election inspectors or � Failing to give due notice of the date, time and place of the meeting of said
the board of canvassers, assuming office, and actually serving as board to the candidates, political parties and/or members of the board by the
a member thereof by any person who, being ineligible for chairman of the board of canvassers; xxviii
appointment; xxvii
� Proceeding with the canvass of the votes and/or proclamation of any
candidate which was suspended or annulled by the COMELEC , by any
xxix
member of the board of canvassers;
� Proceeding with the canvass of votes and/or proclamation of any candidate
in the absence of quorum, or without giving due notice of the date, time and
place of the meeting of the board to the candidates, political parties, and/or
other members of the board, by any member of the board of canvassers; xxx
� Using in the canvass of votes and/or proclamation of any candidate any
document other than the official copy of the ER , without authority of the
COMELEC , by any member of the board of canvassers; xxxi
� Deliberately absenting himself from the meetings of said body for the
purpose of obstructing or delaying the performance of its duties or functions,
by any member of the boards of election inspectors and boards of
canvassers; xxxii
� Refusing to sign certify any election form required by this Code or prescribed
by the COMELEC although he was present during the meeting of the said
body; xxxiii
� Tampering, increasing or decreasing the votes received by a candidate in any
election (election sabotage); xxxiv
� Refusing, after proper verification and hearing, to credit the correct votes or
deduct such tampered votes by any member of the board of election
inspectors or board of canvassers; xxxv
� Failing to comply with the manner of counting votes; xxxvi
Annex 1: ELECTION OFFENSES
By a Public Officer
Pre‐Election Offenses Election Offenses Post‐Election Offenses
� Appointment of new employees, creation of � Changing or causing the change of the � Relieving any member of any board of election
new position, promotion, or giving salary assignments of any member of any board of election inspectors or board of canvassers, without
xxxvii
increases; inspectors or board of canvassers, without authority of authority of the COMELEC by any public official
l
� Transfer of officers and employees in the civil the COMELEC by any public official or person acting in or person acting in his behalf;
xlix
xxxviii his behalf;
service; � Changing or causing the change of the
� Intervention of public officers and assignments of any member of any board of
employees; xxxix election inspectors or board of canvassers,
xl
without authority of the COMELEC by any public
� Use of Undue influence; li
official or person acting in his behalf;
� Relieving any member of any board of � Failing to give notice of meetings to other members
election inspectors or board of canvassers, of the board, candidate or political party as
without authority of the COMELEC by any required under Section 23 of Republic Act No. 6466
xli
public official or person acting in his behalf; by the chairman of the board of canvassers; lii
� Changing or causing the change of the
assignments of any member of any board of
election inspectors or board of canvassers,
without authority of the COMELEC by any
xlii
public official or person acting in his behalf;
� Appointment or use of special policemen,
special agents, confidential agents of the
xliii
like;
� Illegal release of prisoners before and after
xliv
election;
� Use of public funds, money deposited in
trust, equipment, facilities owned or
controlled by the government for an election
xlv
campaign;
� Suspension of elective provincial, city,
municipal or barangay officer; xlvi
� Appointing such ineligible person to the BEI
or BOC knowing him to be ineligible by any
public officer or any person acting in his
xlvii
behalf;
Annex 1: ELECTION OFFENSES
By Anyone
Pre‐Election Offenses Election Offenses Post‐Election Offenses
liii
� Vote‐buying and vote‐selling; � Threats, intimidation, terrorism, use of � Conducting oneself in such a disorderly
liv fraudulent device or other forms of manner as to interrupt or disrupt the work
� Conspiracy to bribe voters;
coercion; cxv or proceedings to the end of preventing
� Unlawful electioneering; lv the board of election inspectors or board
lvi
� Coercion of election officials and of canvassers during any of its meetings
� Dismissal of employees, laborers, or tenants; employees; cxvi from performing its functions, either
� Deliberately imprinting or causing the imprinting of � Deadly weapons (in the polling place or a partly or totally; 318
blurred or indistinct fingerprints on any of the copies of radius of 100 meter therof); cxvii � Removing or defacing the ER posted
319
the application for registration or on the voter's on the wall;
affidavit; lvii � Carrying firearms outside residence or 320
cxviii � Simulation of an election return;
place of business;
� Any person in charge of the registration of voters who
deliberately or through negligence, causes or allows the � Use of armored land, water or air craft; cxix � Simulation of the certification in a print
321
imprinting of blurred or indistinct fingerprints on any of of an election return;
lviii cxx
the aforementioned registration forms; � Wearing of uniforms and bearing arms;
� Refusing to present for perusal its copy
lix
� Carrying firearms outside residence or place of business; � Policemen and provincial guards acting as of election return to the board of
cxxi 322
bodyguards or security guards; canvassers, by the citizens' arm;
� Use of armored land, water or air craft; lx
� Availing himself of any means of scheme � Presenting of tampered or spurious ER
� Wearing of uniforms and bearing arms; lxi 323
to discover the contents of the ballot of a by the citizens' arm;
� Policemen and provincial guards acting as bodyguards or voter who is preparing or casting his vote
lxii � Refusing or failing to provide the
security guards; or who has just voted; cxxii
dominant majority and dominant minority
� Wagering upon result of election; lxiii � Arresting or detaining a voter without parties or the citizens' arm their copy of
cxxiii 324
� Organization or maintenance of reaction forces, strike lawful cause; ER ;
lxiv
forces, or other similar forces; � Molesting a voter in such a manner as to
� Release, disbursement or expenditure of public funds; lxv obstruct or prevent him from going to the
polling place to cast his vote or from
� Construction of public works, delivery of materials for cxxiv
returning home after casting his vote;
public works and issuance of treasury warrants and
� Compelling a voter to reveal how he
318
Batas Pambansa Blg. 881 (1985), Section 261 (bb) (4).
319
Batas Pambansa Blg. 881 (1985), Section 212 (a), as amended by Republic Act No. 9369 (2007), Section 32.
320
Batas Pambansa Blg. 881 (1985), Section 212 (b); See also Republic Act No. 7166 (1991), Section 30 as amended by Republic Act No. 9369 (2007), Section 37.
321
Batas Pambansa Blg. 881 (1985), Section 212 (c).
322
Republic Act No. 8436 (1997), Section 35 (d), as amended by Republic Act No. 9369 (2007), Section 28.
323
Republic Act No. 8436 (1997), Section 35 (e), as amended by Republic Act No. 9369 (2007), Section 28.
324
Republic Act No. 8436 (1997), Section 35 (f), as amended by Republic Act No. 9369 (2007), Section 28.
Annex 1: ELECTION OFFENSES