Professional Documents
Culture Documents
The Philippines is about to face a litmus test as 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
Glossary and Abbreviations i
I. BOARD OF ELECTION INSPECTORS (BEI) 1
A. Appointment, Qualifications, Vacancies 1
B. Functions and Responsibilities 3
II. WATCHERS 6
III. OFFICIAL BALLOTS AND OTHER ELECTION FORMS AND SUPPLIES 11
IV. PRE‐VOTING PROCEDURES 14
V. CASTING OF VOTES 15
VI. COUNTING OF VOTES 29
VII. ELECTION RETURNS 32
VIII. POST‐COUNTING AND POST‐TRANSMISSION PROCEDURES 37
IX. CANVASS 39
A. The Board of Canvassers (BOC) 39
B. Manner of Canvassing 45
C. Persons Present During Canvassing 58
D. The COCs – Effect and their distribution 59
E. Remedies 68
X. PRE‐PROCLAMATION CONTROVERSIES 76
XI. ELECTION PROTEST and QUO WARRANTO 85
XII. ELECTION OFFENSES 95
Annex 1: ELECTION OFFENSES a
Table of Figures
Figure 1: BEI Procedures before voting 14
Figure 2: Samples of Shading 20
Figure 3: Location of Feeder in the PCOS Machine 22
Figure 4: Procedure in Assisting Disabled/Illiterate Voters 26
Figure 5: Closing the Voting and Counting the Ballots 32
Figure 6: Printing and Transmitting the ERs 33
Figure 7: Steps after termination of counting of votes and announcement of results 37
Figure 8: Preliminaries to Canvassing 45
Figure 9: CCS Initialization 46
Figure 10: Starting the Canvassing 47
Figure 11: Monitoring Data Transmission 47
Figure 12: Procedure in case of Untransmitted Results 48
Figure 13: Generation and Printing of Consolidated Canvass Report 49
Figure 14: Generation and printing of COC 50
Figure 15: Transmission of Results 51
Figure 16: Printing of Remaining COC Reports 51
Figure 17: Generation and Printing of SOVs 52
Figure 18: Generating COCP 53
Figure 19: Printing of Audit Log 54
Figure 20: Post Printing Activities 54
Figure 21: Backing up CCS results 55
Figure 22: Shutting down CCS 56
Figure 23: Preproclamation Cases Filed Directly with BOC 80
Figure 24: Preproclamation Cases Filed Directly with COMELEC 81
Figure 25: Procedure if illegality of BOC proceedings is discovered after proclamation 81
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 it was 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 thumb marks 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.
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/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 BEI
Chairman and members to affix their signatures and imprints of their right thumbs on the
Oath of Office (Election Form No. A5‐A) before assumption of office. 31
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.
31
Batas Pambansa Blg. 881 (1985), Section 165; COMELEC Resolution No. 8786 (4 March 2010), Section 7.
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 order shall not be executed as to prevent said person from voting. A copy of
the written order shall be attached to the Minutes.
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.
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:
b. on the Election Day, vote in the precincts where they are registered, provided that
they do so when the voting in their respective places of assignment is light, and
their absence shall not be for more than thirty (30) minutes. 38
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 (2) 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
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 citizens’ 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 BEI member 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).
Watchers should be present at the following periods and must perform the following tasks:
WHEN TASK
record the serial number of the seal(s) on the PCOS box(es) 52
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 53
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 34 (b).
53
COMELEC Resolution No. 8786 (4 March 2010), Section 34 (f).
54
COMELEC Resolution No. 8786 (4 March 2010), Section 34 (w).
55
COMELEC Resolution No. 8786 (4 March 2010), Section 40 (m).
56
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. 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. 57 Watchers
should make sure they are present when the ballot box is opened.
57
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. 58
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.
29. 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 micro printing. 60 As mentioned above, an official ballot comes as Election
Form No. A6. 61
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, the COMELEC
may authorize earlier distribution of these documents. 62
58
Republic Act No. 8436 (1997), as amended by Republic Act. No 9369 (2007), Section 2 (3).
59
COMELEC Resolution No. 8786 (4 March 2010), Section 18.
60
Republic Act No. 8436 (1997), as amended by Republic Act No. 9369 (2007), Section 13.
61
COMELEC Resolution No. 8786 (4 March 2010), Section 18.
62
COMELEC Resolution No. 8786 (4 March 2010), Section 18.
63
Official ballots are not among the election forms that may be reproduced as enumerated in COMELEC Resolution No. 8786 (4 March
2010), Section 19.
Early in the morning of Election Day, the BEI shall get the following forms, documents and
supplies from the following: 64
ELECTION FORMS
A3 Poster Indicating the Clustered Precincts’ 1 Piece
Numbers
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
64
COMELEC Resolution No. 8786 (4 March 2010), Section 18.
33. 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. 65
Only one piece of ballot per voter shall be provided to the BEI. 66
65
COMELEC Resolution No. 8786 (4 March 2010), Section 18.
66
COMELEC Resolution No. 8786 (4 March 2010), Section 18.
67
COMELEC Resolution No. 8786 (4 March 2010), Section 19.
The BEI shall follow the detailed procedure below early in the morning of Election Day. 68
68
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. 69
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. 70
39. 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. 71
The voters can cast their votes until 6:00 p.m. of the Election Day. 72
41. 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. 73
69
COMELEC Resolution No. 8786 (4 March 2010), Section 34.
70
COMELEC Resolution No. 8786 (4 March 2010), Section 43.
71
COMELEC Resolution No. 8786 (4 March 2010), Section 34.
72
COMELEC Resolution No. 8786 (4 March 2010), Section 21.
73
COMELEC Resolution No. 8786 (4 March 2010), Section 21.
Each name shall be called by the poll clerk three (3) times. Any voter who is not present
when called shall NOT be allowed to vote at a later time. 74
43. 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 75; 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.
The rules and regulations on detainee voting in connection with the May 10, 2010 national
and local elections are contained in COMELEC Resolution No. 8811 promulgated on 30
March 2010.
74
COMELEC Resolution No. 8786 (4 March 2010), Section 21.
75
COMELEC Resolution No. 8786 (4 March 2010), Section 23.
76
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. 77
77
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 is located. 78
46. 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 the
invalidation of the ballot. However, he/she shall be charged with an election offense. 79
47. 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:
78
COMELEC Resolution No. 8786 (4 March 2010), Section 35.
79
COMELEC Resolution No. 8786 (4 March 2010), Section 35, also Batas Pambansa Blg. 881 (1985), Section 261 (bb) (2).
80
COMELEC Resolution No. 8786 (4 March 2010), Section 35.
81
COMELEC Resolution No. 8786 (4 March 2010), Section 24.
Election Offense
ELECTION OFFENSE
‐ makes it possible for the number of votes cast to exceed the number of
registered voters shall likewise be liable for an election offense, 84
82
COMELEC Resolution No. 8786 (4 March 2010), Section 25.
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).
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 90, provided 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 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 thumb
mark 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)
86
COMELEC Resolution No. 8786 (4 March 2010), Section 24.
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.
54. 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, OVERVOTING occurs.
55. 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 such 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.
59. 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 voting, the voter shall approach the PCOS and insert the accomplished ballot in the
ballot entry slot. The PCOS screen 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
After, the voter must return the ballot secrecy folder and marking pen to the BEI
Chairman. An indelible ink will be applied to the voter’s finger, and he/she shall affix his/her
thumb mark in the EDCVL. 95
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.
95
COMELEC Resolution No. 8786 (4 March 2010), Section 36.
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 XII entitled “Election Offenses”.
61. 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
62. 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:
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. An illiterate and person with disability/disabled voter may be allowed to be assisted
by other persons 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
66. 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
67. May the same assistor help all the disabled voters in his precinct?
No. Unless the assistor is a BEI member, he/she may only assist up to three (3)
illiterate/disabled voters. 109
68. 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 in accomplishing 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
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.
70. 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.
72. 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.
73. 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 an 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
76. Can the BEI rearrange the physical set up of the polling place?
Yes. 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 the close view of the public.
At all times, the ballot boxes and all election documents and paraphernalia shall be within
the close view of the watchers and the public. 123
The COMELEC may authorize the BEI to count the votes in another public building as long
as:
78. 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 eight (8) 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 eight (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”.
80. What are the next steps after printing eight (8) copies of the ER?
The BEI shall detach the eight (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, place each copy of the ERs in its
corresponding envelope, and seal it with a paper seal.
81. What are the next steps 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
82. 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 BEI member refuses to sign the ER, the BEI Chairman shall note the same in each
copy of the printed ER. The BEI member concerned, refusing to sign, shall be compelled to
explain his/ her refusal to do so. Failure to explain an unjustifiable refusal to sign each copy
of the printed ER by any BEI member shall be punishable as provided under the law. 126
84. What happens if the PCOS fails to count the votes or transmit/print the results?
In case the PCOS fails to count the votes or transmit/print 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 fact shall be noted in the Minutes.
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.
86. 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.
87. 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
Yes. The COMELEC may resort to manual counting of the votes in case the automated
counting system fails. 129
89. What are instances where a manual count should be conducted instead of using another
PCOS machine?
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. 130
127
General Policies, Rules and Guidelines (2009), Section 4 (1) (1).
128
COMELEC Resolution No. 8739 (29 December 2009), Section 41 (d).
129
Maruhom v. COMELEC, G.R. No. 139357, 5 May 2000.
130
Tupay Loong v. COMELEC, G.R. No. 133676, 14 April 1999.
An ER is produced after the BEI has undertaken the procedures to close the voting, for
counting of ballots and transmission of results. 132
92. What are the procedures to be followed in (a) closing the voting and counting of ballots,
and (b) printing and transmitting the ER?
The step‐by‐step procedures for (a) closing the voting and counting the ballots, and (b)
printing and transmitting the ER are found below 133:
131
Republic Act No. 8436 (1997), as amended by Republic Act No. 9369 (2007), Section 2 (4).
132
COMELEC Resolution No. 8786 (4 March 2010), Section 38.
133
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 33
93. How are the copies of ER distributed?
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 them in the envelope
(Election Form No. A17), and seal the envelopes for distribution to the following: 134
134
COMELEC Resolution No. 8786 (4 March 2010), Section 41.
94. 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. 135
The following are the criteria provided in Section 26 of R.A. No. 7166
for choosing the parties:
135
Republic Act No. 8436 (1997), Section 22, as amended by Republic Act No. 9369 (2007), Section 21.
Yes. After the PCOS has printed eight (8) copies of the ERs 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. 136
Said copies of the ERs will be posted for forty‐eight (48) hours. 137
97. Will the public be allowed to take photos of 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 forty‐eight (48) hours following its posting.
138
Yes. Additional copies not to exceed thirty (30) may be printed and given to requesting
parties at their own expense. 139
After the forty‐eight (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 any
competent authority. 140
136
COMELEC Resolution No. 8786 (4 March 2010), Section 40 (p).
137
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).
138
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).
139
Republic Act No. 7166 (1991), Section 27, as amended by Republic Act No. 9369 (2007), Section 33.
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).
101. 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 for their disposition. 141
102. 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. 142
141
COMELEC Resolution No. 8786 (4 March 2010), Section 44.
142
COMELEC Resolution No. 8786 (4 March 2010), Section 45.
103. For which areas should there be constituted a BOC and who exercises supervision
and control over the BOC?
There shall be a BOC in each municipality, city, province, and in each legislative district
comprising two (2) municipalities/cities. 143
The COMELEC shall have direct control and supervision over the BOCs and may motu
proprio relieve, for cause, at any time, any member and designate a substitute. 144
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 145
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, the COMELEC
shall designate the Election Officer who shall act as Chairman. 146
143
COMELEC Resolution No. 8809 (30 March 2010), Section 1.
144
COMELEC Resolution No. 8809 (30 March 2010) Section 2.
145
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.
146
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.
No. The composition of the BOCs, whether it be provincial, city, or municipal, is not
materially affected by Republic Act No. 9369.
This information 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 PBOC in regions outside the NCR. 148
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. 149
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. 150
147
Republic Act No. 9369 (2007), Section 5.
148
COMELEC Resolution No. 8809 (30 March 2010), Section 7.
149
COMELEC Resolution No. 8809 (30 March 2010), Section 7.
150
Batas Pambansa Blg. 881 (1985), Section 222.
For other BOC members, the 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
District BOC of the a. Next ranking Prosecutor, or
legislative districts in b. District Supervisor in the district 152
Metro Manila
151
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.”
152
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. 153
110. 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. 154
111. What is required and what shall be done in case a regular BOC member of the Board
is incapacitated by sickness or serious injury?
In case of sickness or serious injury of a regular BOC member, a medical certificate shall be
required attesting to the incapacity of said member. Upon submission of the medical
certificate, a substitute shall be appointed. Said medical certificate shall be recorded in and
shall form part of the Minutes of the BOC.
ELECTION OFFENSE
153
COMELEC Resolution No. 8809 (30 March 2010), Section 8.
154
COMELEC Resolution No. 8809 (30 March 2010), Section 12.
155
Batas Pambansa Blg. 881 (1985), Section 224.
The district school supervisor, or the principal, 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 BOC by recording
therein the proceedings and such other incidents or matters relevant to the canvass. 156
113. 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. 157
The Minutes of Canvass shall be transmitted within five (5) days from termination of
canvass.
114. May a BOC member 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. 158
As an exception, the Provincial Election Supervisor in the case of MBOC or CBOC and the
Regional Election Director in the case of PBOC/DBOC may issue such authority. In either
case, a written report shall be submitted to the Law Department. 159
115. What are the functions and responsibilities of the Provincial, City, District and
MBOCs?
156
COMELEC Resolution No. 8809 (30 March 2010), Section 9.
157
COMELEC Resolution No. 8809 (30 March 2010), Section 25.
158
Batas Pambansa Blg. 881 (1985), Section 223; See also COMELEC Resolution No. 8809 (30 March 2010), Section 14.
159
COMELEC Resolution No. 8809 (30 March 2010), Section 14.
160
COMELEC Resolution No. 8809 (30 March 2010), Section 18.
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 shall canvass all the results for president and vice‐president and
thereafter, proclaim the winning candidates. 161
161
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.
Before the canvassing begins, the BOC shall observe the following procedures: 162
Show to the public and watchers Remove the plastic seal of the
that the CCS box is sealed. CCS box.
162
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: 163
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.
163
COMELEC Resolution No. 8809 (30 March 2010), Section 27 (a).
After initializing the CCS, in the “WELCOME” page, the CCS operator shall 164:
120. How are the transmissions of data from voting centers monitored by the Boards?
The municipal BOC/city BOC through the CCS Operator shall 165:
164
COMELEC Resolution No. 8809 (30 March 2010), Section 27 (b).
165
COMELEC Resolution No. 8809 (30 March 2010), Section 27 (c).
In case the BOC receives from the 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 a 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
125. 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.
129. 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.
After the printing of all the reports and the transmission of the
municipal/city/district/provincial results to all destinations, the following shall be
undertaken:
132. When is the BOC Chairman required to give notice of the BOC’s initial and succeeding
meetings?
Not later than 5 May 2010, the BOC Chairman 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.
Notices of the canvassing shall be posted in the offices of the Election Officer/Provincial
Election Supervisor, as the case may be, and in three (3) conspicuous places in the building
where the canvass will be held.
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. 166
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. 167
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. 168
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. 169
134. 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. 170
166
COMELEC Resolution No. 8809 (30 March 2010), Section 10; See also Republic Act No. 6646 (1988), Section 23.
167
Quilala v. COMELEC, G.R. No. 82726, 13 August 1990.
168
Rufino S. Antonio, Jr. v. COMELEC, G.R. No. L‐31604, 17 April 1970.
169
COMELEC Resolution No. 8809 (30 March 2010), Section 11.
170
COMELEC Resolution No. 8809 (30 March 2010), Section 17; See also Batas Pambansa Blg. 881 (1985), Section 225.
171
COMELEC Resolution No. 8809 (30 March 2010), Section 19; See also Republic Act No. 6646 (1988), Section 25.
172
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. 173
139. 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. 174
The COCs transmitted electronically and digitally signed 175 shall be considered as official
election results and shall be used as the basis for the proclamation of a winning
candidate. 176
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.
Any error in the SOV ultimately affects the validity of the proclamation. If a candidate’s
proclamation is based on an 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. 177
173
COMELEC Resolution No. 8809 (30 March 2010), Section 21; See also Batas Pambansa Blg. 881 (1985), Section 232.
174
COMELEC Resolution No. 8809 (30 March 2010), Section 18; See also Republic Act No. 6646 (1988), Section 24.
175
See discussion on authenticity and due execution, infra.
176
Republic Act No. 8436 (1997), Section 25, as amended by Republic Act No. 9369 (2007), Section 20.
177
Flauta v. COMELEC, G.R. No. 184586, 22 July 2009.
The BOC may constitute an 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. 178
The RCG is a 2‐member group, composed of government appointive officials. They shall
be designated by the concerned BOC Chairman and shall receive honoraria computed as
that of the BOC members. 179
a. Receive from:
i. The BEI, the envelope containing the main memory card of PCOS labeled
“TRANSMITTED” or “NOT TRANSMITTED, and the envelopes containing
the printed copies of the ERs intended for the CBOC/MBOC;
ii. The CBOC/MBOC, the envelope containing the CD of the municipal/city
CCS labeled “TRANSMITTED” or “NOT TRANSMITTED”, and the envelope
containing the printed copy of the COC intended for the PBOC;
178
COMELEC Resolution No. 8809 (30 March 2010), Section 22.
179
COMELEC Resolution No. 8809 (30 March 2010), Section 22.
180
COMELEC Resolution No. 8809 (30 March 2010), Section 22.
181
COMELEC Resolution No. 8809 (30 March 2010), Section 23.
c. Mark:
e. Immediately submit to the Board, after recording the necessary data, the envelope
containing the main memory card/CD labeled “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 ;
g. Place the envelopes containing the ERs/COCs inside the ballot box, close and lock
the same with padlocks;
h. Forward to the Board, the ballot boxes containing the ERs/ COCs and one (1) copy
of the list of precincts/ list of cities/municipalities/districts as marked; and
i. Follow steps (b) to (d) of this section for the envelopes containing memory card/CD
labeled “TRANSMITTED” and thereafter, submit to the Board.
The Board shall generate and print sufficient copies of the COCP and SOV to be distributed
as follows: 182
The USB Key used to back‐up the ER/precinct consolidated results will
be placed inside an envelope, duly sealed, and submitted to the PBOC.
The second copy shall be posted on the bulletin board of the city hall.
182
COMELEC Resolution No. 8809 (30 March 2010), Section 29.
The first five (5) copies shall be separately folded and placed in their
corresponding envelopes.
A copy of the SOVs by precinct shall be attached to the copies for the
Secretary of the Sangguniang Panlungsod, CBOC Chairman, and the
COMELEC.
The COCP shall be signed and thumb marked by the PBOC Chairman
and members, and the watchers, if available.
The PBOC shall also print three (3) copies of the supporting SOVs by
City/Municipality which shall be attached to copies (1), (2) and (3) of the
COCP. 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.
148. May the COMELEC do an unofficial quick count separate from its designated citizen’s
arm?
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 COMELEC in addition to its official count, allegations of "trending" would most
certainly be aggravated. As a consequence, the electoral process would be undermined.
As it stands, the COMELEC’s "unofficial" quick count would be but a needless duplication
of the NAMFREL’s "quick" count, an illegal and unnecessary waste of government funds
and effort. 183
183
Sixto S. Brillantes, Jr., et al. v. COMELEC, G.R. No. 163193, 15 June 2004.
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 COCs at the expense of
the requesting party. 184
The BOC shall also furnish all other registered parties copies of the COCs at the expense of
the requesting party. 185
Any of the recipients of the printed or digital copies of the COCs and the supporting SOVs
may conduct an unofficial consolidation of votes and may announce the result thereof to
the public. 186
150. What is the duty of the BOC in relation to the manner of posting the COCs?
a. Immediately after the sixth (6th) copy of the COCs and its supporting SOVs are
printed, the BOC Chairman shall announce the posting of said copies 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 COC 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. 187
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 (3) years from the date of posting. 188
184
Republic Act No. 8436 (1997), Section 26, as amended by Republic Act No. 9369 (2007), Section 21.
185
Republic Act No. 8436 (1997), Section 26, as amended by Republic Act No. 9369 (2007), Section 21.
186
Republic Act No. 7166 (1991), Section 28, as amended by Republic Act No. 9369 (2007), Section 39.
187
Republic Act No. 8436 (1997), Section 26, as amended by Republic Act No. 9369 (2007), Section 21.
188
Republic Act No. 7166 (1991), Section 29, as amended by Republic Act No. 9369 (2007), Section 40.
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;
or more
legislative
districts, and
DBOC : COMELEC sitting as the
National BOC for Senator and
Party‐List 189
152. How do BOCs safeguard hard copies of ERs or COCs, back‐up CDs and CCS?
The BOCs shall place the ERs/COCs in ballot boxes that shall be locked with three (3)
padlocks and one (1) 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 (3) padlocks with the keys thereof
kept by each BOC member.
The watchers shall have the right to guard the room. 190
189
COMELEC Resolution No. 8809 (30 March 2010), Section 30.
190
COMELEC Resolution No. 8809 (30 March 2010), Section 31.
ELECTION OFFENSE
The following acts relative to canvassing shall constitute an election offense 191:
� 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.
a. Each COC was executed, signed and thumb marked 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 or by precinct, or
191
COMELEC Resolution No. 8809 (30 March 2010), Section 32.
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 printed copies of ERs or COCs may be
used for the purpose of verifying the existence of the discrepancy. 193
192
Aquilino L. Pimentel III v. COMELEC, et al., G.R. No. 178413, 13 March 2008.
193
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.
194
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.
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.
E. Remedies
155. What issues may be raised during the consolidation/canvass?
Issues affecting the composition or proceedings of the BOCs may be initiated by filing a
verified petition before the BOC or directly with the COMELEC.
If the petition is filed directly with the BOC, 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 BOC begins to act
illegally, or at the time of the appointment of the BOC member whose capacity to sit as
such is objected to. 196
157. What happens if the COCs, duly certified by the BOC of each province, city of district,
appears to be incomplete?
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. 197
195
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.
196
COMELEC Resolution No. 8809 (30 March 2010), Section 24.
197
Republic Act No. 7166 (1991), Section 30, as amended by Republic Act No. 9369 (2007), Section 37.
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 on such COC or SOV, and may affect the result of the election, upon the 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. 198
159. 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. 199
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. 200
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 the ERs,
e. lack of signatures of petitioners' watchers; and lack of authority of the person
receiving the ERs.
161. 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. 201
198
Republic Act No. 7166 (1991), Section 30, as amended by Republic Act No. 9369 (2007), Section 37.
199
Ocampo v. COMELEC, G.R. No. 137470, 15 February 2000.
200
Ocampo v. COMELEC, G.R. No. 137470, 15 February 2000.
201
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.
163. 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. 203 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." 204
In another instance, where the counting machine assigned to the municipality did not
reflect the true results of the voting, i.e. the votes were not reflected in the printout of the
ERs since per ERs of their precincts, the candidate voted for obtained "zero" and after a
verification of the printout of some ERs as against the official ballots, it was discovered
that votes cast in favor of a mayoralty candidate were credited in favor of the opponents, a
manual counting of the votes was allowed. 205
202
Republic Act No. 8436 (1997), Section 29, as amended by Republic Act No. 9369 (2007), Section 24.
203
Maruhom v. COMELEC, et al., G.R. No. 139357, 5 May 2000.
204
The 1987 Philippine Constitution, Article IX (C), Section 2(1).
205
Loong v. COMELEC, G.R. No. 133676, 14 April 1999.
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.
The 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." 207
An interested party may file a verified petition. After due notice and hearing, the
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. 208
206
Batas Pambansa Blg. 881 (1985), Section 6.
207
Borja v. COMELEC, G.R. No. 120140, 21 August 1996.
208
Batas Pambansa Blg. 881 (1985), Section 6.
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. 209
168. 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 (2) 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. 210
170. What can an interested party do to contest the ERs and matters relating to the
preparation, transmission, receipt, custody, and appreciation of the ERs and the
COCs?
b. Upon receipt 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.
209
Batas Pambansa Blg. 881 (1985), Section 6; Republic Act No. 7166 (1991), Section 4.
210
Banaga v. COMELEC, GR No. 134696, July 31, 2000.
211
Republic Act No. 7166 (1991), Section 4.
212
Republic Act No. 7166 (1991), Section 17; See also Aquilino L. Pimentel III v. COMELEC, et al., G.R. No. 178413, 13 March 2008.
213
Republic Act No. 7166 (1991), Section 20.
d. Upon receipt of the evidence, the BOC shall keep the contested returns, consider
the written objections thereto and opposition, if any, and summarily and
immediately rule thereon. The BOC shall enter its ruling on the prescribed form
and authenticate the same by the signatures of its members.
e. Any party 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, 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
and evidence submitted in the canvass, and furnishing the parties with copies of
the report.
h. On the basis of the records and evidence elevate to it by the BOC, the COMELEC
shall decide summarily the appeal within seven (7) days from receipt of said
records and evidence. Any appeal brought before the COMELEC on the ruling of
the BOC, without the accomplished forms and the evidence appended, shall be
summarily dismissed.
i. The decision of the COMELEC shall be executory after the lapse of seven (7) days
from receipt of said decision 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 objection brought to it on appeal by the
k. Any objection on the ERs before the CBOC 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." 214
171. 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. 215
Parties adversely affected by a ruling of the BOC on questions affecting the composition or
proceedings of the BOC may appeal the matter to the COMELEC within three (3) days
from the ruling on such objection. The COMELEC shall summarily decide the case within
five (5) days from its filing. 216
172. What is the consequence if a person 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 image?
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 image shall be
guilty of an election offense and shall be penalized in accordance with the Omnibus
Election Code. 217
173. 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
214
Republic Act No. 7166 (1991), Section 15, as amended by Republic Act No. 9369 (2007), Section 38.
215
Republic Act No. 7166 (1991), Section 15, as amended by Republic Act No. 9369 (2007), Section 38.
216
Republic Act No. 7166 (1991), Section 19.
217
Republic Act No. 7166 (1991), Section 30, as amended by Republic Act No. 9369 (2007), Section 37.
Neither the Constitution nor statute has granted the COMELEC or the BOCs the power, in
the canvass of ERs, to look beyond the face of these ERs once satisfied of their
authenticity. 219
218
Abes v. COMELEC, G.R. No. L‐28348, 15 December 1967; See also Sanchez v. COMELEC, G.R. No. L‐78461, 12 August 1987.
219
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 221:
177. What issues are explicitly prohibited to be raised in a pre‐proclamation case under the
AES?
220
Batas Pambansa Blg. 881 (1985), Section 241; See also COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 6.
221
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.
222
Batas Pambansa Blg. 881 (1985), Section 243; COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 3, Section 1.
223
Batas Pambansa Blg. 881 (1985), Section 243; COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 3, Section 1.
224
Batas Pambansa Blg. 881 (1985), Section 243.
225
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 a 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. Such an enumeration of the issues that may be
raised in a pre‐proclamation controversy is restrictive and exclusive. 227
There is an illegal composition of the BOC when, among other similar circumstances, any
of the members do not possess legal qualifications and appointments. 228 (See BOC
Composition Table)
180. Will the CCS Operator’s qualifications be included in the consideration of an illegal
composition of the BOC?
Yes. 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. 229
There is an illegal proceeding of the BOC when the canvassing is a sham or mere
ceremony, the results of which are pre‐determined and manipulated. 230
Any of the following circumstances indicate an illegal proceeding of the BOC 231:
a. hurried canvassing,
b. terrorism,
c. lack of sufficient notice to the members of the BOCs, and
d. Improper venue
183. May challenges against proceedings of the BEI be subject of a pre‐proclamation case?
No. Pre‐proclamation cases are limited to challenges directed against the BOC, not the
BEI. 232
226
COMELEC Resolution No. 8809 (30 March 2010), Section 24.
227
Ututalum vs. COMELEC, G.R. No. 84843‐44,22 January 1990; citing Bautista vs. COMELEC, G. R. No. 78994, 10 March 1988.
228
COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4.
229
COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 1.
230
COMELEC Resolution No. 8804 (March 22, 2010), Part II, Rule 4, Section 2.
231
COMELEC Resolution No. 8804 (March 22, 2010). Part II, Rule 4, Section 2.
232
Ututalum vs. COMELEC, G.R. No. 84843‐44, 22 January 1990.
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. 233
186. What are the rights of political parties and candidates before the BOC in pre‐
proclamation cases?
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 BOC. 235
233
Espaldon vs. COMELEC, L‐78987, 25 August 1987.
234
Batas Pambansa Blg. 881 (1985), Section 241, as amended by COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 3, Section
1.
235
COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 3.
236
COMELEC Resolution No. 8804 (22 March, 2010), Part II, Rule 4, Section 4.
237
COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 4.
BOC announces
Submit
filing and grounds
Petition
raised
BOC deliberates
on the Petition
BOC issues a
written resolution
Petitioner
notifies
BOC of NO YES BOC informs COMELEC makes
intent to BOC in COMELEC the appropriate
appeal favor of action
within 3 the
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. 240
193. 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 of appeal on the BOC shall not suspend the formal proclamation of the
official results of the election until the final resolution of the appeal. 241
No. Mere affidavits cannot be relied on as evidence that will substantiate the objections. 242
Pre‐proclamation cases are heard and decided by the COMELEC 243. However candidates
in the Presidential, Vice‐Presidential, Senatorial and Congressional Elections are
prohibited from filing pre‐proclamation cases. 244
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 247
240
COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 5 (a) (4).
241
COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 5 (a) (5).
242
Cordero vs. COMELEC, G.R. No. 134826, 6 July 1999.
243
Batas Pambansa Blg. 881 (1985), Section 242.
244
Republic Act No. 7166 (1991), Section 15.
245
Pimentel vs. COMELEC, G.R. No. 178413, 13 March 2008.
246
Republic Act No. 7166 (1991), Section 15, Republic Act No. 7166 (1991), as amended by Republic Act No. 9369 (2007), Section 38.
247
Sandoval vs. COMELEC, G.R. No. 133842, 26 January 2000; citing Reyes vs. COMELEC, G.R. No. 52699, 15 May 1980.
No. The law requires that the hearing be held before the COMELEC rules on the
petition. 248
The COMELEC shall decide on the case within seven (7) days from the receipt of the
records and evidence. The decision of the COMELEC shall take effect seven (7) days after
the losing party receives a copy of the decision.
200. What are the remedies that may be afforded in a pre‐proclamation case?
A proclamation may be annulled when the BOC fails to issue a timely ruling on the
controversy, depriving the complainant an opportunity to appeal. 253
Yes. The BOC need not wait for the resolution of a Motion for Reconsideration of a pre‐
proclamation controversy pending before the COMELEC 254
248
Sandoval vs. COMELEC, G.R. No. 133842, 26 January 2000.
249
Chavez vs. COMELEC, G.R. No. 1055323, 3 July 1992.
250
Sema vs. COMELEC, G.R. No. 134163‐64, 13 December 2000.
251
Batas Pambansa Blg. 881 (1985), Section 233.
252
Chavez vs. COMELEC, G.R. No. 1055323, 3 July 1992; citing Sanchez v. Commission on Elections, G.R. No. L‐78461, 12 August 1987.
253
Sema vs. COMELEC, G.R. No. 134163‐64, 13 December 2000.
254
Chu vs. COMELEC, G.R. No. 135423, 29 November,1999.
No. The COMELEC cannot base the annulment of a proclamation based on new and
additional evidence. Doing so deprives the parties and the BOC the opportunity to refute
them 255
255
Velayo vs. COMELEC, G.R. No. 135613,9 March 2000.
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. 257
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. 258
A petition for election protest shall be filed within ten (10) days after the proclamation of
the results of the election. 259 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. 260
Yes. Protestants or counter‐protestants are required to pay a filing fee of Ten Thousand
Pesos (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. 261
256
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 6, Section 2.
257
Batas Pambansa Blg. 881 (1985), Section 250, 251 and 252.
258
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 6, Section 2.
259
Batas Pambansa Blg. 881 (1985), Section 250, 251 and 252.
260
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 6, Section 6.
261
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 11, Section 1.
Yes. A 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
Twenty‐five Thousand Pesos (Php 25,000.00), to be paid upon the filing of the
election protest/counter‐protest;
b. If the amount to be deposited does not exceed One Hundred Thousand Pesos (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 One Hundred Thousand Pesos (Php 100,000), a cash deposit
in the amount of One Hundred Thousand Pesos (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.
262
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 11, Section 2.
211. What are the jurisdictional facts that must be alleged in an election protest?
Before the proper court or tribunal may exercise special jurisdiction in election protests,
the following jurisdictional facts must be alleged in an 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. 269
263
The 1987 Philippine Constitution, Article VII, Section 4.
264
The 1987 Philippine Constitution, Article VI, Section 17.
265
The 1987 Philippine Constitution, Article VI, Section 17.
266
The 1987 Philippine Constitution, Article IX(C), Section 2; Batas Pambansa Blg. 881 (1985), Section 249 and 250.
267
Batas Pambansa Blg. 881 (2007), Section 251.
268
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.
269
San Juan v. Cerilles, HRET Case No. 04‐007, 17 February 2005.
Yes. Where the allegations in a protest so warrant, and simultaneously with the issuance
of summons, the COMELEC shall order the Municipal Treasurer and Election Officer, and
the responsible personnel and custodian to take immediate steps or measures to
safeguard the integrity of all the ballot boxes, lists of votes with voting records, books of
voters, and other documents or paraphernalia used in the election, as well as data storage
devices containing electronic data evidencing the conduct and the results of elections in
the contested precincts. 270
213. When will the ballot boxes and election documents be brought to the COMELEC?
Within forty‐eight (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. 271
The recount of ballots shall commence on the date specified in the preliminary conference
order. 272
Any voter can file a sworn petition for quo warranto. 273
A petition for quo warranto shall be filed within ten (10) days after the proclamation of the
results of the election. 274
270
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 12, Section 1.
271
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 12, Section 2.
272
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 15, Section 1.
273
Batas Pambansa Blg. 881 (1985), Section 253.
274
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 the execution of the judgment to issue even before the expiration of the
time to appeal, upon good reasons which should 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:
218. Is it possible to suspend or toll the running of the 10‐day period for the filing of an
election protest or quo warranto?
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. 280
275
The 1987 Philippine Constitution, Article VII, Section 4.
276
The 1987 Philippine Constitution, Article VI, Section 17.
277
The 1987 Philippine Constitution, Article VI, Section 17.
278
The 1987 Philippine Constitution, Article IX(C), Section 2; Batas Pambansa Blg. 881 (1985), Section 253.
279
Ramas et. al. v. COMELEC et. al., GR No. 130831 , 10 February 1998.
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. 281
220. What are the differences between an 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
221. 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. 282
280
Batas Pambansa Blg. 881 (1985), Section 248; See also Tan and Burahan v. COMELEC, GR Nos. 166143‐47, 20 November 2006.
281
Batas Pambansa Blg. 881 (1985), Section 258.
282
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.
223. 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. 284
It is protestant who had the burden of proof to show that the results of election are false
and erroneous. 285
225. 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.
b. Proving that certain votes of the protestee are invalid, because, among other
things, the ballots were cast under duress or that the ballots were cast by persons
other than the registered voters. 286
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 the completion of the recount of ballots,
or re‐tabulation of election documents, or the technical examination, if warranted.
Reception of evidence shall be made in accordance with the following order of hearing:
283
Tan and Burahan v. COMELEC, G.R. Nos. 166143‐47, 20 November 2006.
284
Loyola v. Dragon, HRET Case No. 92‐026, 31 January 1994.
285
Batuhan v. Cuenco, HRET Case No. 01‐032,22 January 2004.
286
Loyola v. Dragon, HRET Case No. 92‐026, 31 January 1994.
227. 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 ERs would
be the best evidence. 288
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. 289
The person seeking to introduce an electronic document in an election protest has the
burden of proving its authenticity. 291
287
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 18, Section 1.
288
Lerias v. HRET, GR No. 97105, 15 October 1991.
289
Rosal v. COMELEC, GR No. 168253 & 172741, 16 March 2007.
290
COMELEC Resolution No. 8804 (22 March 2010), Part IV, Rule 21, Section 1.
291
COMELEC Resolution No. 8804 (22 March 2010), Part IV, Rule 22, Section 1 and Section 2.
Yes. The petitioner may be granted actual or compensatory damages. 292 The propriety of
the award of damages in favor of the protestant as against the protestee hinges on
whether or not the 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 the 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. 293
231. Are there any legal presumptions in appreciating the ballots and the ERs 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.
Therefore, the tally boards and the ERs are prima facie evidence of the true results of
election in a precinct and the party who, in an election contest, impugns the election in any
precinct, has the burden of proving that the tally boards and the ERs are inaccurate or
false. 294
292
Batas Pambansa Blg. 881 (1985), Section 259.
293
Randa v. Libardos, EAC No. 210‐94, 24 August 1995; See also Malaluan v. COMELEC, GR No. 120193, 6 March 1996.
294
Batuhan v. Cuenco, HRET Case No. 01‐032, 22 January 2004.
� 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 contain all the incidents that transpired before the BEI.
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:
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).
233. 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. 295
234. 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? 296
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. 297 The first registration of any voter
subsists but any subsequent registration thereto is void ab initio. 298 The mere act of
requesting for cancellation is insufficient, the COMELEC must first act on the request for
cancellation. 299
236. 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.
295
Batas Pambansa Blg. 881 (1985), Section 263.
296
Batas Pambansa Blg. 881 (1985), Section 261 (dd) (1).
297
Batas Pambansa Blg. 881 (1985), Section 261 (y) (5).
298
Maruhom v. Comelec, G.R. No. 179430, 27 July 2009 citing Comelec Minute Resolution No. 00‐1513.
299
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.
238. 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. 300
239. 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 that nothing herein shall exempt such
person from criminal prosecution for perjury or false testimony.
240. 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 duly registered resulting in his failure to cast his
vote during an election, plebiscite, referendum, initiative and/or recall? 301
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 (1) 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
300
Batas Pambansa Blg. 881 (1985), Section 68 or Section 265.
301
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. 303
Electoral Sabotage
The following acts shall constitute electoral sabotage 304:
� 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.
302
Batas Pambansa Blg. 881 (1985), Section 261 (b).
303
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.
304
COMELEC Resolution No. 8809 (30 March 2010), Section 32.
a. Denial of the Right to be Present and to Counsel During the Canvass; 305
b. Entry of the Canvassing Room by security or armed personnel; 306
c. Filling a vacancy for councilor during the election ban; 307 and
d. Premature campaigning. 308
245. 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 a violation of election laws or failure to
comply with COMELEC orders or rulings. 309
246. Must the deadly weapon be seized from the accused while inside a precinct 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. 310
247. 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.
305
Malinias v. COMELEC, G.R. No. 146943, 4 October 2002 in relation to Republic Act No. 6646, Section 25.
306
Malinias v. COMELEC, G.R. No. 146943, 4 October 2002 in relation to Batas Pambansa Blg. 881, (1985), Section 232.
307
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.”
308
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.
309
Malinias v. COMELEC, G.R. No. 146943, 4 October 2002.
310
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, the investigation of such complaints may be delegated to any of their
assistants. 311
The Regional Trial Court has jurisdiction even if the offense carries with it a penalty not
exceeding six (6) years. 312
250. 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. 313
However, presently, 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. 314 Republic Act No. 9369 Section 43 seems to overturn earlier
jurisprudence.
311
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.
312
COMELEC v. Noynay, G.R. No. 132365, 9 July 1998.
313
People v. Inting, G.R. No. 88919, 25 July 1990.
314
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
Pre‐Election Offenses Post‐Election Offenses
� 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
xxviii
a member thereof by any person who, being ineligible for chairman of the board of canvassers;
xxvii
appointment;
� Proceeding with the canvass of the votes and/or proclamation of any
candidate which was suspended or annulled by the COMELEC , by any
member of the board of canvassers; xxix
� 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
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
service; xxxviii his behalf;
� Changing or causing the change of the
� Intervention of public officers and assignments of any member of any board of
xxxix election inspectors or board of canvassers,
employees;
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
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
� Conspiracy to bribe voters; liv fraudulent device or other forms of manner as to interrupt or disrupt the work
coercion; cxv or proceedings to the end of preventing
� Unlawful electioneering; lv the board of election inspectors or board
� Coercion of election officials and of canvassers during any of its meetings
� Dismissal of employees, laborers, or tenants; lvi employees; cxvi from performing its functions, either
315
� Deliberately imprinting or causing the imprinting of � Deadly weapons (in the polling place or a partly or totally;
blurred or indistinct fingerprints on any of the copies of cxvii � Removing or defacing the ER posted
radius of 100 meter therof); 316
the application for registration or on the voter's on the wall;
affidavit; lvii � Carrying firearms outside residence or 317
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 cxix � Simulation of the certification in a print
� Use of armored land, water or air craft; 318
imprinting of blurred or indistinct fingerprints on any of of an election return;
lviii � Wearing of uniforms and bearing arms; cxx
the aforementioned registration forms;
� 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 319
lx bodyguards or security guards; canvassers, by the citizens' arm;
� Use of armored land, water or air craft;
� Availing himself of any means of scheme � Presenting of tampered or spurious ER
� Wearing of uniforms and bearing arms; lxi 320
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
lxiii
dominant majority and dominant minority
� Wagering upon result of election; � Arresting or detaining a voter without parties or the citizens' arm their copy of
� Organization or maintenance of reaction forces, strike lawful cause; cxxiii ER ; 321
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
315
Batas Pambansa Blg. 881 (1985), Section 261 (bb) (4).
316
Batas Pambansa Blg. 881 (1985), Section 212 (a), as amended by Republic Act No. 9369 (2007), Section 32.
317
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.
318
Batas Pambansa Blg. 881 (1985), Section 212 (c).
319
Republic Act No. 8436 (1997), Section 35 (d), as amended by Republic Act No. 9369 (2007), Section 28.
320
Republic Act No. 8436 (1997), Section 35 (e), as amended by Republic Act No. 9369 (2007), Section 28.
321
Republic Act No. 8436 (1997), Section 35 (f), as amended by Republic Act No. 9369 (2007), Section 28.