LECTURE ON ELECTION LAWS

(RULES IN THE APPRECIATION OF

VOTES – PURSUANT TO COMELEC
RESOLUTION NO. 10211)
BY: ATTY. JOHN C. NEUMERAN
 SEC.4 COMPOSITION OF THE
ELECTORAL BOARD

 Chairperson
 Poll Clerk

 Third Member
SEC. 6: QUALIFICATIONS OF MEMBERS
OF THE ELECTORAL BOARD

 Of good moral character and irreproachable reputation

 Known integrity and competence

 A registered voter

 Non-conviction of any election offense or any crime

punishable by more than 6 months of imprisonment
 SEC. 7: DISQUALIFICATION OF
ELECTORAL BOARD MEMBERS

 Related within the 4th civil degree of consanguinity or

affinity

 toany other member of the Board;

 To any candidate to be voted for
 Or to the candidate’s spouse
 ARTICLE III: WATCHERS

 Sec. 18: Official Watchers

 Every candidate (including SK) shall be entitled to one (1)

watcher in precinct.
 Duly accredited citizens' arms of the COMELEC shall be
entitled to appoint one watcher in every precinct.
 SEC. 19: QUALIFICATIONS OF
WATCHERS
 a registered voter of the barangay or a member of the SK
in the assigned barangay;
 is of good reputation;

 has not been convicted of any election offense or of any

other crime;
 knows how to read and write;

 is not related within the fourth (4th) civil degree of

consanguinity or affinity to the Chairperson or any
Electoral Board members in the precint of assignment;
 Incumbent Barangay Officials including Barangay
Tanods are disqualified.
 SEC. 20: RIGHTS AND DUTIES OF A
WATCHER
 shall present to the Electoral Board Chairperson a sworn appointment.
 Stay in the space reserved for them inside the polling place;

 Witness the proceedings of the Electoral Board;

 Take note of what they may see or hear;

 Take photographs of the proceedings and incidents, including during

counting and tally;
 File a protest against any irregularity or violation of law;

 Obtain from the EB a certificate as to the filing of protest/s;

 Have an unimpeded view of the ballot being read by the Chairperson

during the tally, and the recording of the Poll Clerk and Third Member
 Be given a Certificate of Votes, duly signed and thumb-marked by the
Chairperson and all EB members.
 shall not speak to any EB members, or to any voter, or among themselves,
in such a manner as would disturb the Electoral Board proceedings.
 ARTICLE V: CASTING OF VOTES
 Section 25: WHO ARE ALLOWED TO VOTE?

 Registered voters of the precinct are the ff:

 Whose names appear in the PCVL and EDCVL for the
Barangay and/or SK levels; and
 Electoral Board members entitled to avail of voting privilege
in the place where they serve. Their voting in the polling
place where they are not registered should be noted in the
Minutes.
 SEC. 26: VOTING HOURS

The casting of votes shall start at seven (7:00) o'clock in

the morning and end at three (3:00) o'clock in the
afternoon of election day.

If at three o'clock in the afternoon, there are still voters

within thirty (30) meters in front of the polling place, who
have not yet cast their votes, voting shall continue but only
to allow said voters to cast their votes. They shall be called
to vote by the Poll Clerk by announcing each name three
(3) times. Any voter in the list who is not present when
called shall not be permitted to vote at any later time.
 SEC. 28. PRELIMINARIES TO THE VOTING

 Before the start of voting, the Electoral Board

Chairperson shall:

 Open the ballot box, empty both compartments and

show to the public that it is empty. Then the Electoral
Board Chairperson shall lock its interior cover with
one (1) padlock.
 SEC. 29. RULES TO BE OBSERVED
DURING THE VOTING

 No watcher enters the places reserved for the voters and

the Electoral Board, nor mingle and talk with the voters;
 No person carrying any firearm or other deadly weapon;

 No crowding of voters and disorderly behavior inside the

polling place shall occur; and
 The interior cover of the ballot box shall remain locked
until the voting is finished and the counting begins.
 SEC. 30. PROHIBITION ON VOTING
 Bring the ballot and/or the ballot secrecy folder outside the precinct,
except, voting involving Persons with Disabilities (PWDs), Senior
Citizens (SCs), heavily pregnant women and Detainee Voters;
 Speak with anyone while inside the precinct;

 Vote without using a ballot secrecy folder or showing of ballot its

contents to any person, except in cases of assisted voting;
 Erase any printing from the ballot or place marking thereon;

 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 the vote, including the use of digital cameras, cellular
phones or similar gadgets;
 Intentionally tear or deface the ballot; and

 Disrupt or attempt to disrupt the proceedings of the Electoral Board.

 SEC. 31: PERSONS ONLY ALLOWED
INSIDE THE POLLING PLACE

 Electoral Board members;

 Watchers who shall stay only in the space reserved for
them;
 Voters casting their votes;

 Voters waiting for their turn to vote;

 Voters waiting for their turn to get their ballots; and

 Others who are specifically authorized by the

Commission.
SEC. 32: PERSON PROHIBITED IN AND AROUND
THE POLLING PLACE – WITHIN 50 METERS

 AFP or PNP;
 Special forces, CAFGUs, Barangay Tanods, security
guards, special policemen;
 All other kinds of armed or unarmed extra legal police
forces; and
 Incumbent Barangay officials, whether elected or
appointed.
 SEC. 33: AUTHENTICATION OF THE
BALLOT
 In every case, in the presence of the voter and before
giving the ballot to the voter, authenticate the same by
affixing signature at the back of the ballot. Failure to
authenticate shall be noted in the Minutes and shall
constitute an election offense, but will not invalidate the
ballot.

 In no case shall the Chairperson pre-sign at the back of

the ballot prior to its actual issuance to the voters.
 SEC. 35: MANNER OF OBTAINING THE
BALLOTS
 The voter shall:
 Look for their name in the PCVLs posted near the door of the polling place, and determine the precinct
number and sequence number;
 Approach the Third Member who shall ask the voter's name, age, precinct number and sequence number.
 The Third Member shall:
 Verify if the name of the voter is in the PCVL-Barangay or PCVL-SK;
 If the voter's name is found, check the fingernails for any indelible ink stain.
 If the fingernail is not stained, establish the identity of the voter. If satisfied , the voter shall be directed
to the Chairperson.
 The Chairperson shall:
 Announce enough to be heard throughout the polling place the name, precinct number and SN of the
Barangay ballot and/or SK ballot to be issued to the voter. The Poll Clerk shall enter the same in the
corresponding space labeled "Ballot SN" beside the name of the voter in the EDCVL-Barangay and/ or
EDCVL-SK;
 Authenticate the ballot/s by affixing signature at the back thereof;
 Affix signature in the EDCVL;
 Fold the ballot/s in such a manner that its face, except the portion where the SN appears, is covered. In case the voter is entitled to vote
in the barangay and SK elections, the ballots shall be folded separately;
 Ask the voter to affix his/her signature in the EDCVL; 
and
 Give the ballot/s to the voter. 
Only the Chairperson shall issue the ballot and
not more than one ( 1) ballot shall be issued at
one time except, in cases where the voter is
both barangay/SK voter.
 In case any voter under the 18-30 years old category
refuses to accept any of the two (2) ballots (either for SK
or for Barangay), the Chairperson shall explain to the
voter that he or she shall hold on to the two ballots and
accomplish the ballot for the election said voter wishes
to participate. After voting, in the presence of the
concerned voter, mark as "abstained" the
unaccomplished ballot and deposit the same, in the
compartment for spoiled ballots. The incident and the SN
of the ballot shall be recorded in the Minutes.
SEC. 37:ACCOMPLISHMENT OF BALLOTS FOR
ILLITERATES, PWDS, OR SENIOR CITIZENS
 They may be assisted by the following:
 A relative within the fourth (4th) civil degree of consanguinity or
affinity;
 A person of the voter's confidence who belongs to the same
household as that of the voter. For this purpose, the person who
usually assists the PWD, such as personal assistant, caregiver, or a
nurse shall be considered a member of the voter's household; and
 Any Electoral Board members.
 All assistors must be of voting age.
 No person, except the Electoral Board members, may assist an
illiterate, PWD or SC more than three (3) times.
 In all cases, the Poll Clerk shall first verify from the illiterate, PWD
or SC whether the latter had authorized the assistor to help in filling-
up the ballot/s.
SEC. 42: CHALLENGE AGAINST ILLEGAL
VOTERS
 The following may be challenged;
 (a) unregistered voter;
 (b) using the name of another;
 (c) suffering from existing disqualification; or
 (d) being a double/multiple registrant.

 Electoral Board shall satisfy itself as to whether the ground for the challenge is true by requiring
proof of registration, identity or qualification.

 No voter shall be required to present any valid IDs, unless the identity is
doubted or challenged. However, the failure or inability to present an authentic
identification document upon being challenged shall not preclude the voter from
voting if identified UNDER OATH by:

 Any Electoral Board member; or

 By another registered voter of the same barangay.
 A barangay and/or SK voter can only be identified by another voter of the same
barangay. Such identification shall be recorded in the Minutes.
 SEC. 43: CHALLENGE BASED ON
CERTAIN ILLEGAL ACTS
 Received or expected to receive, paid, offered or promised
to pay, contributed, offered or promised to contribute
money or anything of value in consideration for his vote or
for the vote of another;
 Made or received a promise to influence the giving or
withholding of any such vote; or
 Made a bet or is interested directly or indirectly in a bet
which depends upon the results of the election.
 The challenged person shall take an oath before the
Electoral Board that he/she has not committed any of the
acts alleged in the challenge. In case the voter refuses to
take such oath, the challenge shall be sustained and the
voter shall not be allowed to vote.
 SEC. 44: RECORD OF CHALLENGES,
OATHS AND RESOLUTIONS

 The Poll Clerk shall record in Part E of the Minutes, all

challenges and oaths taken in connection therewith and
the Electoral Board resolution in each case. Copies of the
challenges, oaths and resolutions shall be attached to the
copy of the Minutes. Upon the termination of the voting,
the Poll Clerk shall certify that the Minutes contain all
challenges, oaths and resolutions made.
 SEC. 45: DISPOSITION OF UNUSED
BALLOTS AT THE END OF VOTING
HOURS
 If any, the Chairperson shall count while the Poll Clerk
shall record in the Minutes the quantity of unused ballots
 Thereafter, he shall, in the presence of other Electoral
Board members and watchers, if any, tear the unused
ballots lengthwise in half, without removing the stubs
and detachable coupon.
 The first half of the tom ballots shall be placed in the
"Envelope for Other Half of Torn Unused Ballots" which
envelope shall be sealed.The second half of the torn
ballots shall be placed in the "Envelope for Excess/Half
of Torn Unused Ballots" which shall be likewise sealed.
Such fact shall be entered in Part C of the Minutes.
 SEC. 46: PROHIBITION AGAINST
PREMATURE ANNOUNCEMENT OF
VOTING

 Before the termination of the voting, no Electoral Board

members shall make any announcement as to whether a
certain registered voter has already voted, as to how
many have already voted or how many so far have failed
to vote or any other fact tending to show or showing the
state of the polls, nor shall make any statement at any
time.
 ARTICLE VI: COUNTING OF VOTES
 Sec. 47: Counting of Votes to be PUBLIC and
WITHOUT INTERRUPTION
 The EB shall publicly count in the precinct; the votes cast and
tally the results.
 At all times, the ballot box and all election documents shall
be within close view of the watchers and the public.
 They shall not adjourn or postpone or delay the count until it
has been fully completed unless ordered by COMELEC.
 Any violation of this Section, or its pertinent portion, shall
constitute an election offense and shall be penalized in
accordance with BP Blg. 881, as amended.
 SEC. 49: PRELIMINARIES TO THE
COUNTING OF VOTES
 Unlock the padlock, open the ballot box and take out the ballots from the compartment for valid ballots;
 Segregate the ballots cast for barangay from the SK;
 Examine the ballots whether there are:

 Excess ballots - The Electoral Board shall, without unfolding the ballots or exposing their contents, count the number of
ballots in the compartment for valid ballots, and compare the number of ballots inside the ballot box with the number of
voters who actually voted as reflected in the EDCVL.
 1.1 If there are more ballots than there are voters who actually voted, all the ballots shall be returned to the compartment
for valid ballots and thoroughly mixed therein. The Poll Clerk, without seeing the ballots and with the Poll Clerk's back
to the ballot box, shall publicly draw out as many ballots as may be equal to the excess and, without unfolding them,
place them in the Envelope for Excess Ballots;

1.2 If in the course of the examination, ballots are found folded together before they were deposited inside the ballot box,
they shall be considered excess ballots and placed in the corresponding envelope.
 Ballots with detachable coupons - In case a ballot with an undetached coupon is found in the ballot box, the coupon shall
be removed and deposited in the compartment for spoiled ballots. The ballot shall be included in the pile of valid ballots.
 Ballots with the word "spoiled" - If a ballot with the word "spoiled" is found in the compartment for valid ballots, it shall
be placed in the compartment for spoiled ballots.
 Marked ballots - The Electoral Board shall then unfold the ballots and determine whether there are any marked ballots. If
any should be found, they shall be placed in the corresponding envelope.
 Excess, spoiled and marked ballots shall not be read during the counting of votes. The envelope containing the excess
and marked ballots shall be signed and sealed by the Electoral Board members and deposited in the compartment for
valid ballots.
 After completion of the preliminary activities, SK ballots shall be placed inside the ballot box, lock with one (1) padlock,
then proceed to count the ballots cast for the barangay elections. After the ballots have been counted, the Electoral Board
shall proceed to count the SK ballots.
 SEC. 50: BALLOTS DEPOSITED IN THE
COMPARTMENT FOR SPOILED BALLOTS
 Ballots deposited in the compartment for spoiled ballots
shall be presumed to be spoiled.
 But if the Electoral Board should find that during the
voting, any valid ballot was erroneously deposited in this
compartment, the Electoral Board shall open said
compartment after the voting and before the counting of
votes for the sole purpose of drawing out the ballot
erroneously deposited therein.
 Such fact shall be recorded in Part C of the Minutes.
 SEC. 51:MANNER OF COUNTING OF
VOTES

The Chairperson shall take the ballots one by one and read the names of the candidates
voted for;
 During the counting/reading the ballots during the counting, the Watchers and the public
must be provided an unimpeded view of the ballot being read by the Chairperson, the ER
and the tally board being simultaneously accomplished by the Poll Clerk and the Third
Member ;
 The Poll Clerk and Third Member shall record each vote on the ERs and tally board
respectively as the name of the candidate voted for is read. Each vote for a candidate shall
be recorded by a vertical line, except every fifth vote for the same candidate, which shall
be recorded by a diagonal line crossing the previous four vertical lines.
 After all the ballots have been read, the Electoral Board shall record in words and figures,
the total votes obtained by each candidate both in the ERs and in the tally board. The
counted ballots shall be placed in an envelope provided for the purpose, which shall be
sealed, signed and deposited in the compartment for valid ballots.
 After completion of the counting of the votes cast for the barangay elections, the Electoral

Board shall announce the result of the elections of barangay officials in the precinct, then
proceed to count the SK ballots in the same manner as that of the Barangay.
 SEC. 52: APPRECIATION OF BALLOTS
 Every ballot shall be presumed valid unless there is clear
and good reason to justify its rejection.
 Any question on the appreciation of ballots shall be
decided by a majority of the Electoral Board members.
 No watcher, candidate, or any other person inside the
polling place shall be allowed to participate in the
appreciation of ballots, except that any watcher may file
a protest which shall be recorded in the Minutes.
 SPECIFIC AND IMPORTANT
RULES IN THE APPRECIATION OF
THE BALLOTS
Where only the first name or surname of a candidate is
written, the vote for such candidate is valid, if there is no
other candidate with the same first name or surname for
the same office;
Where only the first name of a candidate is written on
the ballot which when read has a sound similar to the
surname of another candidate, the vote shall be counted
in favor of the candidate with such surname. If there are
two (2) or more candidates with the same full name, first
name or surname and one of them is the incumbent, and
on the ballot is written only such full name, first name or
surname, the vote shall be counted in favor of the
incumbent;
 In case the candidate is a woman who uses her maiden
or married surname or both and there is another
candidate with the same surname, a ballot bearing only
such surname shall be counted in favor of the candidate
who is an incumbent;
When two (2) or more words are written on the same line
on the ballot, all of which are the surnames of two (2) or
more candidates, the same shall not be counted for any of
them unless one is a surname of an incumbent who has
served for at least one (l) year, in which case it shall be
counted in favor of the latter;
When two (2) or more words are written on different lines
on the ballot, all of which are surnames of two (2) or more
candidates bearing the same surname for an office for
which the law authorizes the election of more than one and
there are the same number of such surnames written as
there are candidates with that surname, the vote shall be
counted in favor of all the candidates bearing the surname;
 When on the ballot is written a single word, which is the
first name of a candidate and which is at the same time
the surname of his opponent, the vote shall be counted in
favor of the latter;
When two (2) words are written on the ballot, one of

which is the first name of a candidate and the other is
the surname of his opponent, the vote shall not be
counted for either one;
A name or surname incorrectly written which, when
read, has a sound similar to the name or surname of a
candidate when correctly written shall be counted in
favor of such candidate;
 When a name of a candidate appears in a space of the
ballot for an office for which he is a candidate and in
another space for which he is not a candidate, it shall be
counted in his favor for the office for which he is a
candidate and the vote for the office for which he is not a
candidate shall be considered as stray, except when it is
used as a means to identify the voter, in which case, the
whole ballot shall be void;
When in a space in the ballot there appears a name of a
candidate that is erased and another clearly written, the
vote is valid for the latter;
  The erroneous initial of the first name which
accompanies the correct surname of a candidate, the
erroneous initial of the surname accompanying the
correct first name of a candidate, or the erroneous
middle initial of the candidate shall not annul the vote in
favor of the latter;
The fact that there exists another person who is not a
candidate with the first name or surname of a candidate
shall not prevent the adjudication of the vote of the
latter;
 Ballots which contain prefixes such as "Sir", "Mr.",
"Datu", "Don", "Ginoo", "Hon.", "Gob". Or suffixes like
"Hijo", "Jr.", "Segundo", are valid;
 The use of nicknames and appellations of affection and
friendship, if accompanied by the first name or surname
of the candidate, does not annul such vote, except when
they were used as a means to identify the voter, in which
case the whole ballot is invalid. Provided, that if the
nickname used is unaccompanied by the name or
surname of a candidate and it is the one by which he is
generally or popularly known in the locality, the name
shall be counted in favor of the said candidate for the
same office with the same nickname;
 Any vote containing initials only or which is illegible or
which does not sufficiently identify the candidate for
whom it is intended shall be considered as a stray vote
but shall not invalidate the whole ballot;
 If on the ballot is correctly written the first name of a
candidate but with a different surname, or the surname
of the candidate is correctly written but with a different
first name, the vote shall not be counted in favor of any
candidate having such first name and/ or surname, but
the ballot shall be considered valid for other candidates;
Any ballot written with crayon, lead pencil, or ink, wholly
or in part, shall be valid;
 Where there are two (2) or more candidates voted for in
an office for which the law authorizes the election of
only one, the vote shall not be counted in favor of any of
them, but this shall not affect the validity of the other
votes therein;
 If the candidates voted for exceed the number of those to
be elected, the ballot is valid, but the votes shall be
counted only in favor of the candidates whose names
were firstly written by the voter within the spaces
provided for said office in the ballot until the authorized
number is covered;
  Any vote in favor of a person who has not filed a
certificate of candidacy or in favor of a candidate for an
office for which he did not present himself shall be
considered as a stray vote, but it shall not invalidate the
whole ballot;
 A ballot containing the name of a candidate printed and
pasted on a blank space of the ballot or affixed thereto
through any mechanical process is totally null and void;
Circles, crosses, or lines put on the spaces on which the
voter has not voted shall be considered as signs to
indicate his desistance from voting and shall not
invalidate the ballot;
 Unless it should clearly appear that they have been
deliberately put by the voter to serve as identification
marks, commas, dots, lines, or hyphens between the first
name and surname of a candidate, or in other parts of
the ballots, traces of the letter "T", "J'', and other similar
ones, the first letters or syllables of names which the
voter does not continue, the use of two (2) or more kinds
of writing and unintentional or accidental flourishes,
strokes, or strains, shall not invalidate the ballot;
 Any ballot which clearly appears to have been filled by
two (2) distinct persons before it was deposited in the
ballot box during the voting is totally null and void;
 Any vote cast in favor of a candidate who has been
disqualified by final judgment shall be considered as
stray and shall not be counted but it shall not invalidate
the ballot;
Ballots wholly written in Arabic in localities where it is
of general use are valid. To read them, the board of
election tellers may employ an interpreter who shall take
an oath that he shall read the votes correctly;
 The accidental tearing or perforation of a ballot does
not annul it;
 Failure to remove the detachable coupon from a ballot
does not annul such ballot.
 SEC. 54: CERTIFICATE OF VOTES
 After the counting of votes and announcement of the results of
the election in the precinct, and before leaving the polling
place, the Electoral Board shall issue Certificate of Votes (CEF
No. 13) upon request of the candidates or their watchers. The
Certificate of Votes shall contain the total number of votes
received by each candidate, written in words and figures, the
precinct number, the name of the barangay, city or municipality
and province, the total number of voters who voted in the
precinct and the date of its issuance. The Certificate of Votes
shall be signed and thumbmarked by all Electoral Board
members.

 The refusal of the Electoral Board to furnish the Certificate of

Votes shall constitute an election offense.
 SEC. 55: ALTERATIONS AND
CORRECTIONS IN THE ELECTION
RETURNS

 Must be duly initialed by all the members thereof.

 After the announcement of the results of the elections in

the precinct, the Electoral Board shall not make any
alteration or amendment in any copy of the ERs, unless
so ordered by the COMELEC.
SEC. 58: OMISSION OR ERRONEOUS INCLUSION
OF DOCUMENTS IN THE BALLOT BOX
 If after locking and sealing the ballot box, it is discovered
that required documents are NOT placed therein, the
Electoral Board instead of opening the ballot box shall
deliver the same to the EO. In no instance shall the ballot
box be re-opened to place therein or take out there from
any election document in the polling precinct.
 In case the Electoral Board fails to place the envelope/s
containing the counted ballots inside the ballot box, the
EO shall, with notice to candidates, deposit said
envelope/s in a separate ballot box which shall be
properly sealed, padlocked and stored in a safe place in
his office. Said ballot box shall remain sealed unless
otherwise ordered by the COMELEC.
 SEC. 76: CERTIFICATE OF CANVASS AND
PROCLAMATION (COCP) AND
PROCLAMATION OF WINNING CANDIDATES

 The BBOC shall prepare in quadruplicate the COCP duly

signed and thumbmarked by each member, supported by
SOVs received by each candidate in each precinct, and,
on the basis thereof, proclaim as elected the Punong
Barangay and seven (7) Kagawads and the SK
Chairperson and seven (7) SK Kagawads who obtained
the highest number of votes.
-END-