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DEFINITIONS

PRINCIPLE OF IDEM SONAMS
It literally means the same or similar sound.
The rule states that “A name or surname
incorrectly written which, when read, has a
sound similar to the name or surname of a
candidate when correctly written shall be
counted in his favor.

BALLOT WITH PREFIXES
As a rule the use of prefixes does not
invalidate a ballot, and the vote is counted in
favor of the candidate whose name is the
prefix.

STRAY VOTE
It is one cast in favor of a person who has
note filed a certificate of candidacy or in favor
of a candidate for an office, which he did not
present himself.

If there are two or more candidates with the
same full, first name or surname and one of
them is an incumbent and on the ballot is
written only such full name or surname, the
vote shall be counted in favor of the
incumbent. Otherwise the same shall be
considered a stray vote.

NEIGHBORHOOD RULE
Even if the name of the candidate is written in
the wrong space, it should be counted if the
intention to vote for him can be determined.

EXCESS BALLOTS
Before proceeding to count, the BEI shall
count the ballots in the compartment for valid
ballots and compare the number with the
actual number of voters who voted. If there
are excess ballots, the poll clerk shall draw
out as many ballots equal to the excess
without looking at them and the excess
ballots shall not be counted. Excess ballot
shall be deposited in the compartment for
invalid ballots.

MARKED BALLOT
It refers to a distinguishing mark, figure or
character which shows an intention on the
part of the voter to distinguish his particular
form from others of its class, and not one that
is common and distinguishable from the other
of a designated class.
To constitute a mark, a distinguishing mark, it
must be placed on a ballot with deliberate
intention that it shall identify the ballot after
the vote has been case, unless a statute
enumerates certain marks as illegal or
distinguishing regardless of the question of
intent.
Marked ballots are invalidated in their
entirety, and none of the votes therein are
counted.

EQUITY OF INCUMBENT RULE

SPOILED BALLOTS
If the voter shall accidentally spoil or deface a
ballot in such a way that it cannot be lawfully
used, he shall surrender to the chairman who
shall note in the corresponding space in the
voting record that said ballot is spoiled.
A spoiled ballot shall, without being unfolded
and without removing the detachable coupon,
be distincty marked with the word “spoiled”
and signed by the BEI on the endorsement
fold thereof and immediately placed in the
compartment for spoiled ballots.

UNUSED BALLOT
The chairman of the BEI shall prepare a list
showing the number of unused ballots
together with the serial numbers. The list shall
be signed by all members of the BEI, after

ORDERLY.AN ACT TO ENHANCE THE HOLDING OF FREE. ELECTION CAMPAIGN POLITICAL ACTIVITY or PARTISAN Is defined as an act designed to promote the election or defeat of a particular candidate or candidates to the public office. shall proclaim as elected the candidates who obtained the highest number of votes cast in the province.which all unused ballots shall be torn halfway in the presence of the members of the BEI. It shall be uniform within each polling place. The emergency ballots should be similar to the official ones as circumstances will permit. any error in the Statement of Votes would affect the proclamation made on the basis thereof. municipality and the precinct in which it is held and (c) the votes received by each candidate written in figures and in words. purely a mechanical act over which the COMELEC has direct control and supervision. which implies that if there is yet no candidate whose interest it is to be promoted or defeated. Exception: 1. Who shall prepare? The city municipal treasurer. EMERGENCY BALLOTS No ballots other than the official ballot shall be used or counted. Consequently. Failure to object the SoV before the BoC does not constitute a bar to raising the issue for the first time before the COMELEC. there is no restriction to any election campaign or partisan political activity. Its preparation is an administrative function of the Board of Canvassers. PEACEFUL AND CREDIBLE ELECTIONS THROUGH FAIR ELECTION PRACTICES PAID ADVERTISEMENTS . REPUBLIC ACT 8436 – An Act Authorizing the Commission on Elections to Use An Automated Election System CERTIFICATE OF CANVASS It is prepared by the respective BOCs duly signed and affixed with the imprint of the thumb of the right hand of each member. It supports the certificate of canvass and is the basis of proclamation. supported by a statement of votes received by each candidate in each polling place and on the basis thereof. CERTIFICATE OF VOTES It is an election document issued by the BEI after the counting and announcement of the results and before leaving the polling place upon request of the accredited watchers. ACT 9006 . precinct number. ELECTION RETURNS It is the official document containing (a) the date of the election (b) the province. It shall contain the number of votes obtained by each candidate written in words and figures.) in the event of failure to receive the official ballots for all registered voters or 2. the total number of voters who voted in the precinct. and the date and time issued shall be signed and thumb marked by each member of the Board. name of the city or municipality and province. STATEMENT OF VOTES It is the tabulation per precinct of votes garnered by candidates as reflected in the election return.) where they are destroyed at such time as shall render it impossible to provide other official ballots. municipality or barangay. HONEST. city.

platforms or a matter of public discussion in relation to the election. Said time shall be allocated free of charge. advance or deposit of money or anything of value. made for the purpose of influencing the results but shall not include services rendered without compensation by individuals volunteering a portion of all of their time in behalf of a candidate or a political party. promise or agreement to make expenditure. it shall be done in any radio or television station in said province or city. EXPENDITURE Includes the payment or delivery of money or anything of value. In the absence of said broadcasting station or entity. ELECTION SURVEYS Refers to the measurement of opinions and perceptions of the voters as regards a candidate’s popularity. It shall also include the use of facilities personally owned by the candidate. for the purpose of influencing the results of the election. or a contract. promise or agreement of contribution. TELEVISION/ RADIO ADVERTISEMENTS For national candidates / registered political party shall be entitled to not more than 120 minutes of TV advertisement and not more than 180 minutes of radio advertisement For local candidate/ registered political party shall be entitled to not mote than 60 minutes of TV advertisement and not more than 90 minutes of radio advertisement. CONTRIBUTION Includes a gift. for every voter currently registered in the constituency or constituencies where it has official candidates. or a contract. PRINT SPACE COMELEC shall procure space in at least one newspaper of general circulation or in the absence of a newspaper. during the campaign period. donation. in any other magazine or periodical in said city or province. including voter’s preference for candidates or publicly discussed issues during the campaign period. P5 for every candidate without any political party and without the support from any political party P5 for political parties. the money value of the use of which can be assessed on the rates prevailing in the area. whether or not legally enforceable. For candidates: P10 for President and VP. It shall be allocated upon payment of just compensation. BROADCAST NETWORK (RADIO and TV) Comelec shall procure air time in at least one majore broadcasting station or entity in every province or city. loan. qualifications. COMELEC TIME AND SPACE It shall be utilized exclusively by the COMELEC for public information dissemination on election related concerns. subscription. P3 for other candidates. magazine or other publications. STATEMENT OF CONTRIBUTIONS AND EXPENDITURES Every candidate and treasurer of the political party shall file with the COMELEC true and itemized statement of all contributions and .Shall not exceed ¼ page in broadsheet and ½ page in tabloids thrice a week per newspaper.

made before or after proclamation of the winner. AS AMENDED FUNCTUS OFFICIO Refers to the expiration of an office. is entitled to hold office. election who actually obtained the majority of the legal votes. 234. custody and appreciation of the election returns. and therefore. or in preparation of the returns. counterprotest or petition for quo warranto. A pre-proclamation controversy is restrictive and exclusive. transmission. GENERAL DENIAL One which puts in issue all the materials averments of the complaint or petition. but not to install the protestant in his place as the petitioner is not occupying the position in dispute. hence. 235 and 236 in relation to the preparation. It is strictly a contest between the defeated and winning candidates. AMENDING FOR THE PURPOSE REPUBLIC ACT NUMBERED SEVENTY-ONE HUNDRED AND SIXTY-SIX. In case on answer to the protest. is settled whether or not the contestant is claiming office in dispute. as to QUO WARRANTO It refers to questions of disloyalty and ineligibility of the winning candidate. RA 8173 . PRE-PROCLAMATION CONTROVERSY It refers to any question pertaining to or affecting the proceedings of the BOC which may be raised by any candidate or by any registered political party or coalition of political parties before the board or directly with the COMELEC or any matter raised under Sections 233. which can be filed at any time. it must be construed liberally to favor the will of the people. a general denial shall be deemed to have been enters. .AN ACT GRANTING ALL CITIZENS' ARMS EQUAL OPPORTUNITY TO BE ACCREDITED BY THE COMMISSION ON ELECTIONS. The specific function of the BoC is to canvass the results of the election as shown in the election returns and to proclaim the winning candidates. It can be filed by any vote within 10 days from proclamation except on the ground of citizenship. considering that citizenship is a continuing qualification for an elective office. ELECTION PROTEST A special statutory proceeding designed to contest the right of a person declared elected to enter upon and hold office. It is imbued with public interest. It is a proceeding to unseat the ineligible person from office.expenditures in connection with within 30 days after the election. ELECTION CONTEST It refers to adversarial proceedings by which matters involving the title or claim to an elective office. STATISTICALLY IMPROBABALE DOCTRINE The bare fact that candidates for public office had received zero votes is not enough to make returns statistically improbable. receipt. and permits the defendant to prove any and all facts which tend to negative those averments or some or all of them. based on grounds of election frauds or irregularities in the casting of the ballots.