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UNIVERSITY OF THE PHILIPPINES LAW CENTER

INSTITUTE OF GOVERNMENT AND LAW REFORM (IGLR)

Copyright© 2010. All rights reserved.


Preface

The Philippines is about to face a litmus test at it embarks on the first nationwide automated elections
in May 2010, and the whole world is watching. Thus, initiatives geared at enhancing the transparency
and credibility of the electoral process become more critical than ever.

Safeguarding the integrity of elections is the duty not only of the government but also of every single
Filipino citizen. Knowledge is key to a pro‐active, informed, and effective citizen‐driven monitoring
effort.

With these in mind, the University of the Philippines Institute of Government and Law Reform (IGLR)
worked on the project to develop a Handbook on Automated Elections, Canvassing, and General
Election Monitoring. The project seeks to cement a solid understanding of election rules and
regulations, particularly those covering automated elections.

The Handbook is written in question‐and‐answer form, for easy reference and understanding. It is
expected to be a useful tool for the voting public as well as teachers, lawyers, and volunteers who will
be playing a key role in the 2010 elections either as election inspectors, canvassers, watchers, or
independent monitors.

The Handbook covers a comprehensive discussion of all phases of elections—pre‐election (Board of


Election Inspectors, Watchers, Ballots and other election documents), election proper (Casting and
Counting of Votes), and post‐election (Canvassing, Pre‐proclamation Controversies, and Election
Contests). It also integrates a discussion of the various acts that constitute election offenses in these
three stages, in order to aid election monitors to properly identify and promptly act to report these
matters to the appropriate authorities.

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 33
VIII. POST‐COUNTING AND POST‐TRANSMISSION PROCEDURES 38
IX. CANVASS 40
A. The Board of Canvassers (BOC) 40
B. Manner of Canvassing 46
C. Persons Present During Canvassing 59
D. The COCs – Effect and their distribution 60
E. Remedies 69
X. PRE‐PROCLAMATION CONTROVERSIES 77
XI. ELECTION PROTEST and QUO WARRANTO 86
IX. ELECTION OFFENSES 96
Annex 1: ELECTION OFFENSES 1

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 33
Figure 6: Printing and Transmitting the ERs 34
Figure 7: Steps after termination of counting of votes and announcement of results 38
Figure 8: Preliminaries to Canvassing 46
Figure 9: CCS Initialization 47
Figure 10: Starting the Canvassing 48
Figure 11: Monitoring Data Transmission 48
Figure 12: Procedure in case of Untransmitted Results 49
Figure 13: Generation and Printing of Consolidated Canvass Report 50
Figure 14: Generation and printing of COC 51
Figure 15: Transmission of Results 52
Figure 16: Printing of Remaining COC Reports 52
Figure 17: Generation and Printing of SOVs 53
Figure 18: Generating COCP 54
Figure 19: Printing of Audit Log 55
Figure 20: Post Printing Activities 55
Figure 21: Backing up CCS results 56
Figure 22: Shutting down CCS 57
Figure 23: Preproclamation Cases Filed Directly with BOC 81
Figure 24: Preproclamation Cases Filed Directly with COMELEC 82
Figure 25: Procedure if illegality of BOC proceedings is discovered after proclamation 82

List of Cited Laws/Issuances*

1. Batas Pambansa Blg. 881


2. Republic Act No 7166
3. Republic Act No. 8436
4. Republic Act No. 9369
5. COMELEC Resolution No. 8436
6. COMELEC Resolution No. 8739
7. COMELEC Resolution No. 8786
8. COMELEC Resolution No. 8803
9. COMELEC Resolution No. 8804
10. COMELEC Resolution No. 8809
11. COMELEC Resolution No. 8811

* These links take you outside the UP Law Center website.


Glossary and Abbreviations
ab initio ‐ from the very start

Audit Log ‐ refers to the document that contains the list of all
activities performed by the PCOS machines from the
1
time that it was powered‐on, until the time when closed.

Automated Election System or AES ‐ a system using appropriate technology which has been
demonstrated in the voting, counting, consolidating,
canvassing, and transmission of election results, and
2
other electoral processes.

BOC ‐ Board of Canvassers

BEI ‐ Board of Election Inspectors

BP Blg. 881 ‐ the Omnibus Election Code

CCS ‐ Consolidation and Canvassing System

Canvass Proceedings ‐ refers to the proceedings that involve the consolidation


of precinct election results at the municipal, city of
district level; district election results at the municipal or
city level; municipal or city election results at the
provincial level; and provincial election results at the
national level, be it the COMELEC or Congress. It also
include the formal proclamation of the election winners
3
at the various canvass levels.

City/municipal/district/provincial ‐ a document in electronic and printed form containing the


certificate of canvass or COC total votes in figures obtained by each candidate in a
city/municipality/district/ province as the case may be. .
These may be in electronic and printed form. The
electronic COC shall be the official canvass results in the
4
aforementioned corresponding jurisdictions.

COMELEC ‐ the Commission on Elections

Consolidation Machine ‐ refers to the machine used at the canvass proceedings to


consolidate precinct results, municipal and city results,
provincial results, as the case may be, for purposes of
getting the total votes of all candidates at a particular
5
canvass level.

Counting Center ‐ a public place within the city/municipality or in such other


places as may be designated by the COMELEC where the
official ballots cast in various precincts of the city/

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

Counting machine ‐ a machine that uses an optical scanning/mark‐sense


reading device or any similar advanced technology to
7
count ballots.

Data storage device ‐ a device used to electronically store counting and


8
canvassing results, such as a memory pack or diskette.

DepEd ‐ Department of Education

Disabled voter ‐ a person with impaired capacity to use the AES. 9

EDCVL ‐ the Election Day Computerized Voters List

Electronic document ‐ refers to information or the representation of


information, data, figures, symbols or other modes of
written expression, described or however represented, by
which a fact may be proved and affirmed, which is
received, recorded, transmitted, stored processed,
retrieved or produced electronically. It includes digitally
signed documents and any print‐out or output, readable
by sight or other means, which accurately reflects the
10
electronic document.

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 ;

Election Returns or ER ‐ a document in electronic and printed form directly


produced by the counting or voting machine, showing
the date of the election, the province, municipality and
the precinct in which it is held and the votes in figures for
each candidate in a precinct in areas where AES is
12
utilized.

Electronic transmission ‐ conveying data in electronic form from one location to


13
another.

ERSD ‐ Election Records and Statistics Department

En Banc ‐ as a whole; with all its members

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.

motu proprio ‐ by itself; upon its own initiative

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.

PCOS ‐ Precinct Count Optical Scan. It means a technology


wherein an optical ballot scanner, into which optical scan
paper ballots marked by hand by the voter are inserted to
16
be counted, is located in every precinct .

PCVL ‐ Posted Computerized Voters List

Polling place ‐ place where voters cast their votes during election

Pre‐proclamation Controversy ‐ 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 BOC or directly with the
COMELEC, or any matter in relation to the preparation,
transmission, receipt, custody and appreciation of the
ERs.

Printed Election Returns ‐ refers to the copy of the election returns printed by the
PCOS machine on a paper, and authenticated by the
manual signatures and thumbmarks of the members of
17
the Board of Election Inspectors (BEI) .

Quo Warranto ‐ is a prerogative writ requiring the person to whom it is


directed to show what authority he has for exercising
some right or power or franchise he claims to hold

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”.

Statement of Votes or SOV ‐ a document containing the votes obtained by candidates


19
in each precinct in a city/municipality

Station ‐ refers to a polling place, counting center, municipal or


20
provincial canvassing center.

VRR ‐ Voters Registration Record

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)

A. Appointment, Qualifications, Vacancies

1. Who appoints the BEI?

The COMELEC, directly or through its Election Officer, 21 appoints a BEI for each precinct. 22

2. What is the composition of a BEI?

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:

a. teachers in private schools;


b. employees in the civil service; or
c. citizens of known probity and competence who are registered voters of the city or
municipality.

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?

No person shall be appointed as BEI Chairman or member, whether regular, substitute or


temporary, unless he/she:

a. is of good moral character and irreproachable reputation;


b. is a registered voter of the city or municipality;

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).

AES 2010 HANDBOOK Page 1


c. has never been convicted of any election offense or of any other crime punishable
by more than six (6) months of imprisonment;
d. has no pending case against him filed in COMELEC/court for any election offense;
and
e. is able to speak and write English or the local dialect. 26

5. Can a duly constituted BEI composed of public school teachers be replaced with military
personnel by agreement of political parties and candidates?

No. In Cawasa v. COMELEC, 27 the Supreme Court held that “the bare assertion…that ‘the
political parties and municipal candidates agreed on the said arrangement’” provides no
legal basis for replacing a duly constituted BEI composed of public school teachers with
military personnel.

6. Could a member of the BEI be relieved of his/her duties and replaced by another?

Public school teachers who are BEI members shall not be relieved or disqualified from
acting as such members, except for cause and after due hearing. 28

7. Who are disqualified from being BEI members?

The following are disqualified from being BEI members:

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

8. What should the disqualified BEI Chairman or member do?

He/she shall immediately notify the Election Officer of his or her disqualification in writing.
The Election Officer shall, in turn, appoint a substitute. 30

9. What must be done before the BEI Chairman and members assume office?

The Election Officer must accomplish the form for the Appointment of the Chairman and
Members of the BEI (Election Form No. A5) in three (3) copies and require the Chairman

26
Batas Pambansa Blg. 881 (1985), Section 166; COMELEC Resolution No. 8786 (4 March 2010), Section 2.
27
Cawasa v. COMELEC, G.R. No. 150469, 3 July 2002.
28
Batas Pambansa Blg. 881 (1985), Section 170; Cawasa v. Comelec, G.R. No. 150469, 3 July 2002.
29
Batas Pambansa Blg. 881 (1985), Section 167; COMELEC Resolution No. 8786 (4 March 2010), Section 3.
30
COMELEC Resolution No. 8786 (4 March 2010), Section 4.

AES 2010 HANDBOOK Page 2


and BEI members to affix their signatures and imprints of their right thumbs on the Oath
of Office (Election Form No. A5‐A) before him before assumption of office. 31

10. How are temporary vacancies in the BEI filled?

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

B. Functions and Responsibilities

12. What are the powers and functions of the BEI?

The BEI shall have the following powers and functions:

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.

c. Act as deputies of the COMELEC in the conduct of the elections;

d. Maintain order within the polling place and its premises; keep access thereto open and
unobstructed; and enforce obedience to its lawful orders. It shall prohibit the use of
cellular phones and cameras by the voters.

If any person refuses to obey the lawful orders of the BEI or conducts himself in a
disorderly manner in its presence or within its hearing and thereby interrupts or
disturbs its proceedings, the BEI may issue an order in writing directing any peace
officer to take said person into custody until the adjournment of the meeting, but such

31
Batas Pambansa Blg. 881 (1985), Section 165; COMELEC Resolution No. 8786 (4 March 2010), Section 7.
32
COMELEC Resolution No. 8786 (4 March 2010), Section 5.
33
Batas Pambansa Blg. 881 (1985), Section 177; COMELEC Resolution No. 8786 (4 March 2010), Section 6.

AES 2010 HANDBOOK Page 3


order shall not be executed as to prevent said person from voting. A copy of the
written order shall be attached to the Minutes.

e. Perform such other functions as may be prescribed by law or by the rules and
regulations promulgated by the COMELEC. 34

13. What are the BEI’s responsibilities with respect to the keeping of the Minutes of Voting
and Counting of Votes (Minutes)?

The BEI shall enter in the Minutes (Election Form No. A11), the act or data required as they
occur or become available during voting, counting, and transmission of votes. Copies shall
be sealed in separate envelopes and distributed to 35:

1st copy 2nd copy


delivered to Election Officer who
shall transmit it to the Election deposited inside the
Records and Statistics Department compartment of the ballot box.
(ERSD)

14. How are the proceedings of the BEI to be conducted?

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

15. Are BEI members allowed to vote?

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:

a. avail of the Local Absentee Voting, or


b. on the day of the elections, 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.

AES 2010 HANDBOOK Page 4


16. Are BEI members allowed to engage in partisan political activity?

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:

a. whether a certain registered voter has already voted or not;


b. how many have already voted or how many so far have failed to vote or any other
fact tending to show or showing the state of the polls; and
c. how many persons voted, except as witness before a court or body. 41

18. What are the BEI’s duties with respect to election forms, documents, and supplies?

The BEI shall:

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

19. What are the obligations of BEI on election day?

Please see:

� item IV on “Pre‐Voting Procedures on Election Day” for procedures to be followed


BEFORE voting begins

� item V on “Casting of Votes” for procedures to be followed DURING the voting


process, and

� 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.

AES 2010 HANDBOOK Page 5


II. WATCHERS
20. Who are entitled to appoint poll watchers?

The following are entitled to appoint two watchers, to serve alternately, in every polling
place:

a. each candidate and registered political party or coalition of political parties duly
registered with the COMELEC and fielding candidates in the election; and
b. duly accredited citizens' arms.

Candidates for Senator, candidates for Member, Sangguniang Panlalawigan or


Sangguniang Panlungsod, or Sangguniang Bayan, belonging to the same ticket or slate,
shall collectively be entitled to one watcher.

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

21. Will all these watchers be allowed in the polling place?

Yes. However, if all watchers cannot be accommodated because of limited space,


preference shall be given to watchers of:

a. citizens' arm;
b. dominant majority party, as determined by the COMELEC; and
c. dominant minority party, as determined by the COMELEC.

In case there are two or more citizen's arm preference shall be given to the one authorized
by the COMELEC to conduct an unofficial count. 44

22. Who may be appointed as a watcher?

No person shall be appointed watcher unless he:

a. is a registered voter of the city or municipality comprising the precinct where he is


assigned;
b. is of good reputation;
c. has not been convicted by final judgment of any election offense or of any other crime;

43
COMELEC Resolution No. 8786 (4 March 2010), Section 15.
44
COMELEC Resolution No. 8786 (4 March 2010), Section 15.

AES 2010 HANDBOOK Page 6


d. knows how to read and write Pilipino, English or any of the prevailing local dialects;
and
e. is not related within the fourth civil degree of consanguinity or affinity to the Chairman
or to any other member of the BEI in the polling place where he seeks appointment as
watcher. 45

23. What are formalities that must be observed by watchers before they can perform their
duties?

WHAT TO DO WHO DOES IT WHEN IT NEEDS TO BE


DONE
Provide the Election Independent candidates, At least fifteen (15) days
Officers with the names and registered parties/ before election day
signatures of their organizations, or coalitions
representatives authorized authorized by the COMELEC
to appoint watchers in the to appoint watchers
city or municipality 46

Note: The appointments of


the watchers shall bear the
signature of the candidate
or duly authorized
representative of the party,
organization or coalition
that appointed them.
Deliver to the BEI Chairman Poll Watchers Upon entering the polling
their appointments as place
watchers
Record Pollwatchers’ BEI Chairman Upon delivery of the watchers
names in the Minutes with a of their appointments
notation under their
signatures that they are not
disqualified to serve as such

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.

AES 2010 HANDBOOK Page 7


24. What are the rights and duties of watchers?

Key Points For Watchers:


Watchers shall have the following rights 47:

� Witness and inform themselves of the proceedings of the BEI;


� Take note of what they may see or hear;
Take photographs of the proceedings and incidents, if any, during the
voting, counting of votes, as well as of the generated ER and ballot
boxes;
� File a protest against any irregularity or violation of law which they
believe may have been committed by the BEI or by any of its members
or by any person;
� Obtain from the BEI a certificate as to the filing of such protest and the
resolution thereof; and
� Affix their signatures and thumb marks in the ER if they are
representing the dominant majority and dominant minority parties
fielding candidates.

Watchers shall have the right to guard the room where ballot boxes shall be kept
after canvassing. 48

25. How should watchers conduct themselves in the performance of their duties?

Watchers shall not speak to any member of the BEI, or to any voter or among themselves,
in such a manner as would disturb the proceedings of the BEI. 49

No watcher shall enter the place reserved for the voters and the BEI, nor mingle and talk
with the voters. 50

Watchers must stay only in the space reserved for them. 51

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).

AES 2010 HANDBOOK Page 8


26. On what grounds may a watcher challenge a prospective voter?

A watcher may challenge any person offering to vote on the ground that he:

a. is not registered;
b. is using the name of another;
c. is suffering from an existing disqualification; 52
d. received or expects to receive, paid, offered or promised to pay, contributed, offered,
or promised to contribute money or anything of value as consideration for his vote or
for the vote of another;
e. made or received a promise to influence the giving or withholding of any such vote; or
f. made a bet or is interested directly or indirectly in a bet that depends upon the results
of the election. 53

27. Aside from discharging their duties during the voting proper, what else should watchers
do to help safeguard the sanctity of the elections?

Watchers should be present at the following period and must perform the following tasks:

WHEN TASK
record the serial number of the seal(s) on the PCOS box(es) 54

observe whether the PCOS box is sealed and check if the serial
number of the seal is the same as the serial number recorded
BEFORE the Voting during the testing and sealing 55

observe the initialization of the PCOS and sign the Initialization


Report 56

observe the counting of votes and transmission and printing of


ERs

affix their signatures on the printed ERs 57

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

accompany the BEI as it delivers the ballot box to the city or


municipal treasurer 58

52
COMELEC Resolution No. 8786 (4 March 2010), Section 24.
53
COMELEC Resolution No. 8786 (4 March 2010), Section 25.
54
COMELEC Resolution No. 8786 (4 March 2010), Section 34 (b).
55
COMELEC Resolution No. 8786 (4 March 2010), Section 34 (f).
56
COMELEC Resolution No. 8786 (4 March 2010), Section 34 (w).
57
COMELEC Resolution No. 8786 (4 March 2010), Section 40 (m).
58
COMELEC Resolution No. 8786 (4 March 2010), Section 43 (e).

AES 2010 HANDBOOK Page 9


Key Points For Watchers:
The ballot box shall NEVER be reopened to place therein or to take
out therefrom any document or article except in proper cases and
with prior written authority of the COMELEC to retrieve copies of the
election returns which will be needed in any canvass.

In such situation, the BEI members and the watchers shall be notified
of the time and place of the opening of said ballot box. 59 Watchers
should make sure they are present when the ballot box is opened.

59
COMELEC Resolution No. 8786 (4 March 2010), Section 45 (2).

AES 2010 HANDBOOK Page 10


III. OFFICIAL BALLOTS AND
OTHER ELECTION FORMS AND
SUPPLIES

28. What is an official ballot?

In the AES, an official ballot refers to the paper ballot, whether printed or generated by the
technology applied, that faithfully captures or represents the votes cast by a voter
recorded or to be recorded in electronic form. 60

Official ballots come in Election Form No. A6. 61

29. What shall the ballot contain?

The ballot shall contain all the names of the candidates for every vacant position, both at
the national and local levels.

The names of all candidates for every vacant position shall be arranged alphabetically and
printed uniformly. There shall correspond to each of the names of the candidates a blank
oval, which the voter shall completely shade to signify his/her vote.

30. What are the types of security measures that could be adopted by the COMELEC to
prevent use of fake ballots?

Some of these safeguards include, but are not limited to, bar codes, holograms, color
shifting ink and microprinting. 62 As mentioned above, an official ballot comes as Election
Form No. A6. 63

31. When will the official ballots be distributed to the BEI?

The official ballots, along with the forms, documents and supplies to be used for the
election, shall be distributed early in the morning of election day. However, COMELEC
may authorize earlier distribution of these documents. 64

32. Can the official ballots be reproduced?

No. The official ballots cannot be reproduced. 65

60
Republic Act No. 8436 (1997), as amended by Republic Act. No 9369 (2007), Section 2 (3).
61
COMELEC Resolution No. 8786 (4 March 2010), Section 18.
62
Republic Act No. 8436 (1997), as amended by Republic Act No. 9369 (2007), Section 13.
63
COMELEC Resolution No. 8786 (4 March 2010), Section 18.
64
COMELEC Resolution No. 8786 (4 March 2010), Section 18.

AES 2010 HANDBOOK Page 11


33. Aside from the official ballots, what are the other election forms and supplies?

Early in the morning of election day, the BEI shall get the following forms, documents and
supplies from the following: 66

a. From the City/Municipal Treasurer

CEF NO. DESCRIPTION RATE OF DISTRIBUTION

ELECTION FORMS
A3 Poster Indicating the Clustered Precincts’
Numbers 1 Piece
A6 Official Ballots 1 Piece per voter
A12 Paper Seal 75 Pieces
A14 Certificate of Receipt of Official Ballots, Other 3 Pieces
Forms and Supplies by BEI
A27 Official Receipt of Election Returns 30 Pieces
ENVELOPES FOR VOTING AND COUNTING
A15 For Rejected ballots, Half of Torn Unused 3 Pieces
Official Ballots and Other Half of Torn Unused
Official Ballots
A17 For Election Returns 30 Pieces
OTHER ENVELOPES
A18‐A For Main Memory Card, i‐button Security Key, 6 Pieces
PINs, Initialization Report, Audit Log, and
Precinct Statistical Report
OTHER FORMS
A30/A31 Temporary Appointment of Chairman/Poll 10 Pieces
Clerk/Third Member/Support Staff
A35 Certificate of Challenge of Protest and 10 Pieces
Decision of the BEI
A39 Oath of Voter Challenge for Illegal Acts 10 Pieces
A40 Oath of Identification of Challenged Voter 10 Pieces
SUPPLIES
Bond Paper (long) 30 Pieces
Ballot Secrecy Folder 22 Pieces
Thumbprint Taker 1 Piece per precinct
in a cluster
Seal with Steel Wire for Ballot Box 1 Piece
Indelible Stain Ink 2 Bottles per precinct
in a cluster
Instruction to Voters 1 Piece per clustered
precinct
Marking Pens 1 or 2 Box/es

Ballpen 6 Pieces

65
Official ballots are not among the election forms that may be reproduced as enumerated in COMELEC Resolution No. 8786 (4 March
2010), Section 19.
66
COMELEC Resolution No. 8786 (4 March 2010), Section 18.

AES 2010 HANDBOOK Page 12


b. From the Election Officer

CEF NO. DESCRIPTION RATE OF DISTRIBUTION

Book of Voters, which must be (i) duly sealed, and (ii) in


the custody of the poll clerk, third member and the
support staff, if any
Precinct Computerized Voters List (PCVL) and 1 Copy
supplemental PCVL, if any, for posting outside the
precinct and which must be duly certified by the
Election Registration board)
Election Day Computerized voters List (EDCVL/List of 2 Copies
Voters with Voting Record) and supplemental EDCVL, if
any, which must be (i) duly certified by the Election
Registration board; and (ii) one (1) of EDCVL must be in
the custody of the poll clerk, third member and the
support staff, if any.
A5 & Copies of Appointment and Oath of Office of the BEI
A5‐A and Support Staff

34. What shall the BEI do after receiving Official Ballots and other election forms and
supplies?

The BEI shall carefully check the different election forms (which include the official
ballots), documents and supplies and the quantity actually received.

The BEI shall then sign a Certificate of Receipt (Election Form No. A14) in three (3) copies,
the original of which shall be delivered to the City/Municipal Treasurer, who shall transmit
the same to the ERSD, Comelec, Manila, immediately after election day. 67

35. How many official ballots shall be provided to each BEI?

Only one piece of ballot per voter shall be provided to the BEI. 68

36. Are there election documents that may be reproduced?

Yes. Only the following forms may be reproduced when needed:

a. Temporary Appointment of Chairman/Poll Clerk/Member;


b. Certificate of Challenge of Protest and Decision of the BEI;
c. Oath of Voter Challenged for Illegal Acts; and
d. Oath to Identify a Challenged Voter. 69

67
COMELEC Resolution No. 8786 (4 March 2010), Section 18.
68
COMELEC Resolution No. 8786 (4 March 2010), Section 18.
69
COMELEC Resolution No. 8786 (4 March 2010), Section 19.

AES 2010 HANDBOOK Page 13


IV. PRE‐VOTING PROCEDURES
37. What procedures must the BEI observe before voting begins on Election Day?

The BEI shall follow the detailed procedure below early in the morning of election day. 70

Show the PCOS box,


Post one copy of the
Ensure that the PCOS Ballot box, official ballots
Meet at the polling place PCVL of each precinct in
and ballot boxes are and Book of Voters to the
at 6 am of Election Day. the cluster, near or at the
inside the polling place. public and watchers
door of the polling place.
present.

Retrieve the minutes from the


PCOS box and inspect its serial
number. Enter into the minutes the
Remove the sticker seal Check the contents of the
Open the PCOS box. number of ballots and the fact that
of the PCOS box. PCOS box.
the PCOS box, Ballot box, official
ballots and Book of Voters were
shown to the public.

Retrieve the PIN of the


Show to the public that the Unlock the sliding cover of
BEI and distribute the
Retrieve the PCOS from printer cover and slots of the ballot box slit and
same among themselves.
its box. the PCOS are stored and break its plastic security
The re-zero PIN shall not
sealed. seal.
be used on election day.

Open the printer cover and


Break the plastic fixed Verify that the roll of paper
Place the PCOS properly the Chairman shall take
length seal of the printer is already properly
on top of the ballot box. out the iButton security
cover of the PCOS. installed.
key.

Connect the battery to the


PCOS DC power port (12
Connect the power
Plug the other end to the VDC). If there is no power,
Close the printer. adaptor to the PCOS AC
electrical outlet. using a pen, press the RESET
power port (20VAC).
button located at the top of the
PCOS AC power port.

The certified IT-capable member of the BEI shall perform


the following procedures:
The Chairman shall place the iButton 1. Select “OPEN VOTING” from the Main Menu
security key on top of the iButton security 2. The PCOS shall then request for the PIN of the poll clerk
Wait until the PCOS key receptacle and apply slight pressure who will then enter his PIN and press “ENTER”
displays the message thereon until the message “SECURITY 3. Validate the PIN and display a message “PIN
“PLEASE INSERT KEY VERIFIED” appears on the PCOS ACCEPTED”
SECURITY KEY FOR screen. Wait until the “MAIN MENU” is 4. Request for the second PIN from the the third member
AUTHENTICATION”. displayed. The iButton shall be in who will then enter his PIN and press “ENTER”
custody of the Chairman until the closing 5. Validate the PIN and display a message “PIN
of voting. ACCEPTED”
6. Display two (2) options: “INITIALIZE VOTE COUNTERS”
and “PREVIOUS SCREEN”

Press the “INITIALIZE VOTE COUNTERS” option of the


PCOS. The PCOS shall:
1. Display the message “INITIALIZING VOTE COUNTERS”
2. Automatically print the Initialization Report showing zero
Detach the Initialization The Chairman shall then
(“0”) vote for each candidate including the geographic
Report, affix their signatures place the Report inside the
information (province, city/municipality, barangay, voting
thereon including the envelope (A18-A) for
center and individual precinct in the cluster)
representatives of the submission to the Election
3. After printing the Initialization Report, the PCOS will
political parties, candidates Officer after the voting, for
display the message, “WOULD YOU LIKE TO PRINT MORE
or citizens arms present his safekeeping.
COPIES OF THIS REPORT?” with “YES” and “NO” options.
Press “NO”. The PCOS will display the message “PLEASE
INSERT BALLOT”. Now, the PCOS is ready to accept
ballots.

Figure 1: BEI Procedures before voting

70
COMELEC Resolution No. 8786 (4 March 2010), Section 18; See also COMELEC Resolution No. 8786 (4 March 2010), Section 34.

AES 2010 HANDBOOK Page 14


V. CASTING OF VOTES
38. How and when are the elections opened?

The elections are opened by the BEI Chairman at 7:00 a.m. of the election day by unlocking
the PCOS. To unlock the PCOS, the BEI Chairman shall insert the Security Key into the
appropriate port for the mechanism.

Once the initialization report is printed, the elections shall be deemed open. 71

39. What is the initialization report or the “zero‐vote” document?

The initialization report or the “zero‐vote” document is an ER printed by the PCOS to open
the elections. It shows that there are no votes or that there are zero votes recognized by
the system at the time of the opening of the elections.

The initialization report shall be printed in one (1) copy, which shall be kept by the BEI
Chairman for safekeeping. After the votes have been counted and the results of the
election in the precinct have been announced, it will be forwarded to the Election Officer. 72

40. How will the BEI know that the PCOS is ready to accept ballots?

The PCOS is ready to accept ballots for counting when the touch screen display indicates
that the system is “OPEN,” and that the text “Please Insert Ballot” is displayed. 73

41. Up to what time can the voters cast their votes?

The voters can cast their votes until 6:00 p.m. of the election day. 74

42. Can the voters cast their votes after 6:00 p.m. of the election day?

Voters can cast their votes after 6:00 p.m. of the election day, provided they are within 30
meters in front of their assigned polling place. In such a case, the poll clerk shall prepare a
list of voters within 30 meters in front of the polling place and intending to vote. These
voters shall be allowed to cast their votes upon being called by the poll clerk, in the order in
which they are listed. 75

71
COMELEC Resolution No. 8786 (4 March 2010), Section 34.
72
COMELEC Resolution No. 8786 (4 March 2010), Section 43.
73
COMELEC Resolution No. 8786 (4 March 2010), Section 34.
74
COMELEC Resolution No. 8786 (4 March 2010), Section 21.
75
COMELEC Resolution No. 8786 (4 March 2010), Section 21.

AES 2010 HANDBOOK Page 15


43. Can a voter vote if he/she was included by the poll clerk in the list of voters who will be
allowed to vote past 6:00 p.m., but fails to respond to the poll clerk’s call to vote?

Each name shall be called by the poll clerk three times. Any voter who is not present when
called shall NOT be allowed to vote at a later time. 76

44. Will the PCOS accept ballots fed to the system prior to the printing of the zero‐vote
document?

No. The PCOS shall not accept any ballot fed until the zero‐vote document is printed.

45. Who may vote?

The following are entitled to vote:

a. All registered voters whose names appear in the Posted Computerized Voters List
(PCVL) or Election Day Computerized Voters List (EDVCL), or whose registration
records have not been cancelled or deactivated, may vote in the election 77; and

b. Detainees, whose registration records are not deactivated / cancelled, including


those 78:

� 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.

76
COMELEC Resolution No. 8786 (4 March 2010), Section 21.
77
COMELEC Resolution No. 8786 (4 March 2010), Section 23.
78
COMELEC Resolution No. 8811 (30 March 2010), Section 1.

AES 2010 HANDBOOK Page 16


46. How does a voter obtain a ballot?

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:

a. Verifying whether the voter’s name is in the EDCVL;


b. Checking the voter’s resemblance to the photograph in the EDCVL
c. Verifying his photograph or specimen signatures in the Voter’s Registration Record
d. Verifying if the voter is identified under oath by any member of the BEI
e. Verifying the voter’s identity through any authentic document that may establish his
identity, EXCEPT barangay certificates or community tax certificates.

Upon successfully verifying the voter’s identity, the BEI shall direct the voter to the BEI
Chairman for the issuance of the ballot. 79

79
COMELEC Resolution No. 8786 (4 March 2010), Section 35.

AES 2010 HANDBOOK Page 17


Key Points for the BEI Chairman:
� Before issuing a ballot, the BEI Chairman will check if the voter’s
fingers have not yet been stained by indelible ink.

� If stained, the voter will be presumed to have voted and


shall be asked to leave the polling place.
X If unstained, the BEI chairman will sign the EDCVL and
front of the ballot in the designated space.

� The ballot must be placed inside the Ballot Secrecy Folder in such
manner as would cover the face of the ballot, revealing only the
portion where the BEI Chairman’s signature. 80

47. What happens if the BEI Chairman fails to authenticate the ballot by affixing his/her
signature in the space dedicated for the purpose?

Failure of the BEI Chairman to authenticate the ballot shall not be a cause for invalidation
of the Ballot. However, he/she shall be charged with an election offense. 81

48. Can any other BEI member issue a ballot to a registered voter?

No. Only the BEI Chairman can issue ballots. 82

49. Can a voter or watcher challenge a voter? On what grounds?

Any voter or any watcher may challenge any person offering to vote for:

a. Not being registered;


b. Using the name of another; or
c. Suffering from an existing disqualification.

Any voter or any watcher may also challenge any voter offering to vote on the ground that
he/she:

a. Received or expects to receive, paid, offered or promised to pay, contributed offered


or promised to contribute money or anything of value as consideration for his vote or
for the vote of another; or

80
COMELEC Resolution No. 8786 (4 March 2010), Section 35.
81
COMELEC Resolution No. 8786 (4 March 2010), Section 35, also Batas Pambansa Blg. 881 (1985), Section 261 (bb) (2).
82
COMELEC Resolution No. 8786 (4 March 2010), Section 35.

AES 2010 HANDBOOK Page 18


b. Made of received a promise to influence the giving or withholding of any such vote; or
c. Made a bet or is interested directly or indirectly in a bet that depends upon the results
of the election.

Election Offense
ELECTION OFFENSE

The following may be charged with an election offense:

1. A person who votes in an election BUT:

‐ is not a registered voter, or


‐ who being registered, votes more than once in the same election 83

2. Any BEI member who:

‐ 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

‐ issues an official ballot to a person not qualified to be issued an official


ballot may be charged with an election offense 85

‐ fails to authenticate the ballot

50. What shall the BEI do when a challenge is raised?

When a challenge is raised, the BEI shall:

a. require proof of registration, identity or qualification; and


b. identify the challenged voter through his photograph, fingerprint, or specimen
signatures in the VRR or EDCVL. In the absence of any of the proof of identity
mentioned, any BEI member may identify under oath a voter, and such act shall be
reflected in the Minutes. 86

83
Batas Pambansa Blg. 881 (1985), Section 261 (z) (2).
84
Batas Pambansa Blg. 881 (1985), Section 261 (z) (10).
85
Batas Pambansa Blg. 881 (1985), Section 261 (z) (20).
86
COMELEC Resolution No. 8786 (4 March 2010), Section 24.

AES 2010 HANDBOOK Page 19


51. What shall the challenged voter do in these instances?

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

52. What happens if the challenge to a voter is sustained?

No ballot shall be issued to the voter, and he/she shall be asked to leave the polling place. 89

53. What happens if the challenge to a voter is dismissed?

The voter shall be allowed to vote 90provided none of the voter’s fingers is stained by
indelible ink.

54. How does a voter accomplish his/her ballot?

A voter shall accomplish his/her ballot by SHADING FULLY the appropriate oval
corresponding to the name of the desired candidate in the ballot to be used for the
elections using the special marker provided by the COMELEC.

After the voter finishes shading all the ovals corresponding to the names of his/her desired
candidates for every position, he/she shall affix his/her thumbmark in the space provided
for in the voting record. 91

Figure 2: Samples of Shading

Source: Elections 101: Nutshelling the Automated Elections of 2010, presented by COMELEC during the PHILJA’s
Experts’ Meeting on the Election Law Training Curriculum for RTC Judges (14 April 2010, Hyatt Manila)

87
COMELEC Resolution No. 8786 (4 March 2010), Section 25.
88
COMELEC Resolution No. 8786 (4 March 2010), Section 26.
89
COMELEC Resolution No. 8786 (4 March 2010), Section 25.
90
COMELEC Resolution No. 8786 (4 March 2010), Section 25.
91
COMELEC Resolution No. 8786 (4 March 2010), Section 36.

AES 2010 HANDBOOK Page 20


Key Points For Voters:
� Be careful in the marking of any ovals, especially those which
do not correspond to your choice.

� Do not fold or crumple the ballot.

� Keep the ballot clean. There should be no stains, smudges or


any other marks in the ballot.

� Never show the ballot to anyone.

55. What happens if the voter shades and chooses more than the number of required
candidates to be voted for a particular position?

When the voter shades and votes for candidates in excess of the number of required votes
for candidates in a specified position, OVERVOTING occurs.

For example, if the voter shades and in effect votes for two candidates both running for
President, and in effect votes for two Presidential candidates, OVERVOTING occurs.

56. What happens if the voter shades and chooses less than the number of required
candidates to be voted for a particular position?

When the voter shades and votes for candidates less than the number of required votes for
candidates in a specified position, UNDERVOTING occurs.

For example, if the voter shades and votes for only 5 candidates to signify his votes for the
Senatorial contest, which is less than the 12 maximum allowed votes for the contest,
UNDERVOTING occurs.

57. How does a voter insert a ballot into the PCOS?

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.

AES 2010 HANDBOOK Page 21


FEEDER

Figure 3: Location of Feeder in the PCOS Machine

58. What happens if there is overvoting?

The votes cast for the OVERVOTED position will not be recognized and counted by the
PCOS. The votes cast for the other positions, however, shall be recognized and counted by
the PCOS, as long as no OVERVOTING occurs in other positions.

59. What happens if there is undervoting?

UNDERVOTING is fine. In such a case, the PCOS will only count the votes cast for the
candidates as chosen by the voter.

60. Can a voter obtain a new ballot in case he/she makes a mistake in casting his/her votes?

No. The ballots shall be provided to each voter at the rate of ONE BALLOT PER VOTER
only. 93

61. How does the voter cast his/her accomplished ballot?

After accomplishing the ballot, the voter shall approach the PCOS and insert the
accomplished ballot in the ballot entry slot. The PCOS electronic display shall display,
“CONGRATULATIONS. YOUR VOTE HAS BEEN REGISTERED” to indicate that the PCOS
accepted the ballot. The BEI shall monitor the PCOS screen to make sure that the ballot
was successfully accepted. 94

93
Republic Act No. 8436, Section 14 which provides that a voter spoiling his/her ballot may be issued another ballot, subject however
that the voter shall not change his/her ballot more than once, has been amended by Republic Act No. 9369 (2007), Section 15 which
provides that COMELEC shall provide procedure in voting and omitted the specific proviso in Section. 14 on spoiling. See also
COMELEC Resolution No. 8786 (4 March 2010), Section 18.
94
COMELEC Resolution No. 8786 (4 March 2010), Section 36.

AES 2010 HANDBOOK Page 22


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 affix his/her
thumb mark in the EDCVL. 95

ELECTION OFFENSE

When casting his/her vote, it shall be UNLAWFUL for a voter to 96:

X Bring the ballot, ballot secrecy folder or marking pen outside of the polling place;
X Speak with anyone other than as herein provided while inside the polling place;
X Prepare his ballot without using secrecy folder or exhibit its contents;
X Fill his ballot accompanied by another, except in the case of an illiterate or person with
disability /disabled voter;
X Erase any printing from the ballot, or put any distinguishing mark on the ballot;
X Use carbon paper, paraffin paper or other means of making a copy of the contents of
the ballot, or otherwise make use of any other scheme to identify his vote, including
the use of digital cameras, cellular phones with camera or similar gadgets;
X Intentionally tear or deface the ballot; and
X Disrupt or attempt to disrupt the normal operation of the PCOS.

Please note that election offenses are not limited to the above list. Please refer to the
discussion under item IX entitled “Election Offenses”.

62. Are there cases when the PCOS will reject ballots? What are these cases?

Yes. There are three reasons a PCOS will give for rejecting ballots. These reasons shall be
displayed on the PCOS’ electronic display 97:

a. Ambiguous Mark
b. Misread Ballot
c. Invalid Ballot

63. What shall the voter do in case his/her ballot is rejected by the PCOS machine?

The voter should do the following, depending on the reason given for rejecting the ballot:

95
COMELEC Resolution No. 8786 (4 March 2010), Section 36.
96
COMELEC Resolution No. 8786 (4 March 2010), Section 30.
97
COMELEC Resolution No. 8786 (4 March 2010), Section 38.

AES 2010 HANDBOOK Page 23


Reason for Rejection To Do Last Option
(if PCOS still does not accept the
ballot being fed)
Ambiguous Mark Check if the ovals corresponding to Return the Ballot to the BEI
desired candidate were fully shaded Chairman

If not, fully shade all those which are not AND/OR


fully shaded
Register objection to the rejection
Misread Ballot Re‐feed the ballot in different of the ballot in writing, and attach
orientations and note in the Minutes of
Voting. 98
Invalid Ballot Check if the ballot belongs to the same
precinct in which the voter is voting

If so, re‐feed the ballot in different


orientations

64. What shall the BEI do with rejected ballots?

The BEI Chairman shall:

a. distinctly mark the ballot at the back as “Rejected”


b. ask all BEI members to sign the back portion with the notation
c. place all rejected ballots inside the envelope for rejected ballots (A15). 99

65. Can a voter whose ballot is rejected be issued a replacement ballot?

No. No replacement ballot shall be issued a voter whose ballot is rejected by the PCOS. 100

ELECTION OFFENSE

Election Offenses with respect to ballots:

1. use of ballots other than the official ballots 101


2. use of ballots other that provided by the BEI 102
3. unauthorized printing 103 of ballots that appear as official ballots
4. unauthorized distribution thereof 104

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).

AES 2010 HANDBOOK Page 24


66. May an illiterate and person with disability/disabled voter be allowed to be assisted by
other persons?

Yes, provided that such fact is indicated in the Election Day Computerized Voters List
(EDCVL) or Voter’s Registration Record (VRR).

If so, he/she may be assisted in the preparation of his/her ballot. A person with physically
impaired capacity to use the AES may also be assisted in feeding his/her ballot into the
PCOS. 105

67. Who can assist an illiterate and person with disability/disabled voters?

The following can assist an illiterate and person with disability/disabled voter:

a. relative within the fourth civil degree of consanguinity and affinity;


b. any person of the voter’s confidence who belongs to the same household; or
c. any member of the BEI. 106

All assistors must be of voting age. 107

The assistor must also be authorized by the voter to help him cast his vote. 108

68. May the same assistor help all the disabled voters in his precinct?

No. Unless the assistor is a BEI member, he/she may only assistor up to three (3)
illiterate/disabled voters. 109

69. What are the requirements before an assistor can help prepare ballots for illiterate and
person with disability/disabled voters?

The assistor must execute an oath in writing that he/she shall accomplish the ballot strictly
in accordance with the wish of the voter, and shall refrain from revealing the contents
thereof, by affixing his/her signature in the appropriate space in the Minutes.

In assisting the voter accomplish the ballot, the assistor shall use a ballot secrecy folder,
and shall accomplish the ballot strictly in accordance with the preference of the
illiterate/disabled voter. 110

105
COMELEC Resolution No. 8786 (4 March 2010), Section 31 (1) and (2).
106
COMELEC Resolution No. 8786 (4 March 2010), Section 31 (1).
107
COMELEC Resolution No. 8786 (4 March 2010), Section 31 (3).
108
COMELEC Resolution No. 8786 (4 March 2010), Section 31 (5).
109
COMELEC Resolution No. 8786 (4 March 2010), Section 31 (4).
110
COMELEC Resolution No. 8786 (4 March 2010), Section 30.

AES 2010 HANDBOOK Page 25


70. What is the procedure for preparing ballots for illiterate and person with
disability/disabled voters?

Ballots for illiterate and person with disability/disabled voters shall be prepared in the
following manner: 111
Poll clerk must ensure
that the person voting
as illiterate and person
with disability/disabled
is indicated as such in
the EDCVL or VRR.

Poll clerk will


verify
authority of
the assistor

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.

Figure 4: Procedure in Assisting Disabled/Illiterate Voters

71. Is it possible for a precinct to run out of ballots with voters still remaining to vote?

Yes. 112

111
COMELEC Resolution No. 8786 (4 March 2010), Section 31.
112
COMELEC Resolution No. 8786 (4 March 2010), Section 37.

AES 2010 HANDBOOK Page 26


72. Can the voter still vote if his/her assigned precinct has run out of ballots? How?

Yes. In such a case, the BEI Chairman shall observe the following steps:

a. Remove the sticker seal of the PCOS box and open the PCOS box;
b. Issue a Certification to the voter, which states that the voter is a registered voter of the
precinct, but there are no more available ballots with the precinct for use of the
affected voter;
c. Record such facts in the Minutes; and
d. Request the Third Member to accompany the voter to the next precinct belonging to
the same councilor district, where the affected voter shall cast his/her vote.

73. What will the BEI Chairman of the next precinct do in such case?

The BEI Chairman shall 113:

a. Require the voter to present the Certification issued by the Chairman of the precinct
where the voter was originally assigned;
b. Record in the Minutes the name of the voter, his precinct number, and the fact that a
Certification has been issued by the Chairman of that precinct that there are no more
available ballots for use in such precinct;
c. Write the name of the voter in the EDCVL indicating opposite such voter’s name the
voter’s original assigned precinct number;
d. Before issuing a ballot to the voter, remove the sticker seal of the PCOS box and open
the PCOS box; and
e. Ensure that the voter observes the proper procedure for voting.

74. How should a person conduct himself within the polling place during election day?

Anyone within the voting premises and during election day must conduct himself in such
manner as would ensure that the election is conducted peaceably and orderly.

113
COMELEC Resolution No. 8786 (4 March 2010), Section 37 (e).

AES 2010 HANDBOOK Page 27


75. What happens to unused ballots, if any?

After the voting, the BEI Chairman, in the presence of other BEI members, shall 114:

a. Record in the Minutes the quantity of unused ballots;


b. Tear the unused ballots in half lengthwise;
c. Place one half in the envelope (A15), and submit to the Election Officer for
safekeeping;
d. Place the other half in another envelope for the purpose, and then deposit inside the
compartment of the ballot box for valid ballots.

These facts shall be entered in the Minutes.

ELECTION OFFENSE

The following conduct inside the polling place constitutes election offense:

� Acting in such a disorderly manner as to interrupt or disrupt the work or


proceedings to the end of preventing the BEI or BOC during any of its meetings
from performing its functions 115
� Carrying out threats, intimidation, terrorism, use of fraudulent device or other
forms of coercion 116
� Bringing of deadly weapons into the polling place and within a 100 meter radius
from the polling place, without having been so authorized by COMELEC 117
� Employing any means of scheme to discover the contents of the ballot of a
voter who is preparing or casting his vote or who has just voted 118
� Compelling a voter to reveal how such voter voted 119
� Interfering with another’s exercise of his right to vote
� Arresting or detaining a voter without lawful cause 120
� molesting a voter in such a manner as to obstruct or prevent him from going to
the polling place to cast his vote or from returning home after casting his vote 121

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).

AES 2010 HANDBOOK Page 28


VI. COUNTING OF VOTES
76. When and where should the BEI start counting the votes?

As soon as the voting is finished, the BEI shall publicly begin counting the votes in the
polling place and ascertain the results. 122

77. Can the BEI rearrange the physical set up of the polling place?

The BEI may rearrange the physical set up of the polling place for the counting or any
other activity with respect to the transition from voting to counting but only in the
presence of the watchers and within close view of the public.

At all times, the ballot boxes and all election documents and paraphernalia shall be
within close view of the watchers and the public. 123

78. Can the BEI transfer the place of counting?

The COMELEC, may authorize the BEI to count the votes to another public building as
long as:

a. it is located in the same municipality or city


b. the public building is not located inside a military or police camp, or
headquarters nor within a prison or detention bureau or any law enforcement
or investigation agency 124
c. the transfer is needed on account of imminent danger of widespread violence
or similar causes of comparable magnitude
d. the transfer is recommended in writing by the BEI by UNANIMOUS vote and
endorsed in writing by the majority of watchers present.

79. What are the procedures to start the counting of the votes?

BEI shall perform BEI shall connect the The BEI shall enter the
the closing function transmission cable iButton Security Key and
function of the PCOS the PINs of the poll clerk
of the PCOS
and the third BEI member.

The PCOS will The PCOS shall


validate the PIN and automatically count
shall close the POLL. the votes .

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.

AES 2010 HANDBOOK Page 29


80. What is the next step immediately after all the votes have been counted?

After all the votes have been counted, the PCOS shall request if the BEI would like to
digitally sign the transmission files with a BEI signature key. The BEI shall select “no”
and the PCOS shall immediately print 8 Election Returns (ER) copies for National
Positions. The PCOS will then ask if the BEI would like to print more copies of the ER,
the BEI shall select “no” and the PCOS shall immediately print 8 ER copies for Local
Positions. The PCOS will then ask if the BEI would like to print more copies of the ER,
the BEI shall again select “no”.

81. What are the next steps after printing eight (8) copies of the ER?

The BEI shall detach the 8 copies of the ER from the PCOS and the members of the BEI
shall affix their signatures and thumb marks thereon. The BEI shall ask the watchers
present to affix their signatures on the printed ERs and place each copy of the ER in its
corresponding envelope and seal with a paper seal.

82. What are the next step after the ER has been signed and sealed?

The BEI Chairman shall publicly announce the results. The poll clerk shall post the
second copy of the ER within the premises of the polling place/counting center which
must be accessible to the public. 125

83. After the BEI Chairman publicly announces the total number of votes received by each
candidate and the posting by the poll clerk of a copy of the ER, what are the next steps
of the BEI?

The BEI shall transmit the results.

84. What if a member of the BEI refuses to sign the ER?

If any member of the BEI refuses to sign, the BEI Chairman shall note the same in each
copy of the printed ER. The member of the BEI concerned refusing to sign shall be
compelled to explain his or her refusal to do so. Failure to explain an unjustifiable
refusal to sign each copy of the printed ER by any member of the BEI shall be
punishable as provided under the law. 126

125
COMELEC Resolution No. 8739 (29 December 2009), Section 38 (6) (b).
126
Republic Act No. 8436 (1997), Section 22, as amended by Republic Act No. 9369 (2007), Section 19.

AES 2010 HANDBOOK Page 30


85. What happens if 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.

86. What happens in case there are more votes than Voters?

Votes in the precinct/clustered precinct corresponding to the number of voters who


actually voted, which shall not be more than the number of registered voters plus the
number of BEI members and their support staff as specified by the COMELEC, shall be
counted. 127

87. What will happen if the BEI shall fail to deliver any of the election documents or
paraphernalia required to be delivered?

The Provincial Election Supervisor, Election Officer or the Treasurer shall require the
BEI which failed to deliver the election documents or paraphernalia to deliver the same
immediately.

88. What will happen if the Ballot Box delivered by the BEI is not locked or sealed?

In case the ballot box is not locked and/or sealed, the treasurer shall lock and/or seal
the ballot box and this shall be included in his report to the COMELEC. 128

89. What happens if the PCOS fails to count the votes or transmit the results?

In case a PCOS fails to count the vote or transmit the results, the Operator shall
announce the error and undertake the necessary corrective measures. Should the
Operator be unable to correct the error, he shall call on the Technical Support
personnel assigned to the Voting Center for assistance. Such facts shall be noted in the
minutes. 129

127
General Policies, Rules and Guidelines (2009), Section 4 (1) (1).
128
COMELEC Resolution No. 8739 (29 December 2009), Section 41 (d).
129
COMELEC Resolution No. 8739 (29 December 2009), Section 38 (6).

AES 2010 HANDBOOK Page 31


90. Can a manual counting of votes be conducted?

The COMELEC may resort to manual counting of the votes in case the automated
counting system fails. 130

91. What are instances where a manual count should be conducted instead of using
another PCOS machine?

In case the failure of the automated counting are not machine‐related such as in the
case where the errors in counting were due to the misprinting of ovals and the use of
wrong sequence codes in the local ballots, which will certainly result in an erroneous
count and subvert the will of the electorate. 131

130
Maruhom v. COMELEC, G.R. No. 139357, 5 May 2000.
131
Tupay Loong v. COMELEC, G.R. No. 133676, 14 April 1999.

AES 2010 HANDBOOK Page 32


VII. ELECTION RETURNS
92. What is an election return (ER)?

An ER is a document in electronic and printer form directly produced by the counting or


voting machine, showing the date of the election, the province, municipality and the
precinct in which it is held and the votes in figures for each candidate in a precinct in areas
where AES is utilized. 132

93. At what point of the election process is an ER produced?

An ER is produced after the BEI has undertaken the procedure to close the voting, for
counting of ballots and transmission of results. 133

94. What is the procedure to be followed in (a) closing the voting and counting of ballots,
and (b) printing and transmitting the ER?
The step‐by‐step procedure for (a) closing the voting and counting the ballots, and (b)
printing and transmitting the ER are found below 134:

Select the “Yes” option


when the “ARE YOU
Press “CLOSE VOTING”
SURE YOU WANT TO
option in the Main Menu
CLOSE THE VOTING?”
prompt appears.

PCOS to request and PCOS to request and


validate the PIN of another validate the PIN of the poll
poll clerk. clerk.

PCOS to display the


message: “POLL IS
BEING CLOSED PLEASE
WAIT.”

Figure 5: Closing the Voting and Counting the Ballots

132
Republic Act No. 8436 (1997), as amended by Republic Act No. 9369 (2007), Section 2 (4).
133
COMELEC Resolution No. 8786 (4 March 2010), Section 38.
134
COMELEC Resolution No. 8786 (4 March 2010), Section 40.

AES 2010 HANDBOOK Page 33


The PCOS shall display:
“PRINTING 8 COPIES OF ELECTION RETURNS
The BEI publicly announces the total
(ER) FOR NATIONAL POSITIONS… PLEASE
number of votes obtained by each candidate
WAIT” and “PRINTING 8 COPIES OF ELECTION
and their corresponding offices.
RETURNS FOR LOCAL POSITIONS. PLEASE
WAIT…”

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

PCOS will display:


“ELECTRONICALLY PCOS will display: “TRANSMISSION
TRANSMITTING ELECTION CABLE CONNECTED. BEGINNING
REPORTS TO <name of BOC TRANSMISSION OF REPORTS.”
server> PLEASE WAIT…”

Followed by: “ELECTION REPORTS SUCCESSFULLY


TRANSMITTED TO <name of BOC server>. Or “FAILED TO Message: “ALL ELECTION REPORTS HAVE
TRANSMIT ELECTION REPORTS TO <name of BOC BEEN SUCCESSFULLY TRANSMITTED TO
server>. PRESS RETRY TO TRY AGAIN OR SKIP TO <name of BOC server>, DMAP-DMIP-ACA-
TRANSMIT TO NEXT LOCATION.” (if after three (3) failed KBP AND TO CENTRAL SERVER. PLEASE
attempts, press the “SKIP” button for the PCOS to transmit to DISCONNECT TRANSMISSION CABLE”.
the next destination.

The PCOS shall print (1) the remaining twenty-


Select “PRINT REPORTS”. The
two (22) copies of ERs, (2) a copy of statistical
PCOS will display the message YES Are additional copies of report and (3) audit log report. The Statistical
“PLEASE SELECT WHICH
the report needed? Report and Audit Log report shall be placed in
REPORT YOU WOULD WANT TO
the envelope (Election Form 180A) where the
PRINT.”
Initialization Report was placed.

NO

After printing the reports, the BEI members shall


Select report to print. affix their signatures and thumbmarks over the
After printing, the PCOS will automatically
printed ERs. The BEI shall ask the watchers
display the main menu.
present to affix their signatures on the printed
election returns.

Press the number of copies to print and press


The PCOS will display: “PLEASE
“ENTER”. The PCOS will display “PRINTING
ENTER THE NUMBER OF COPIES End
<no. of copies> COPIES OF REPORT.
TO PRINT.”
PLEASE WAIT.”
 
Figure 6: Printing and Transmitting the ERs 

AES 2010 HANDBOOK  Page 34 

 
95. What happens if the PCOS fails to count the vote or transmit/print the results?

In these instances, the Operator shall announce the error and undertake the necessary
corrective measures. Should the Operator be unable to correct the error, he/she shall call
on the Technical Support personnel assigned to the Voting Center for assistance. Such fact
shall be noted in the Minutes. 135

96. 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 in the envelope (Election
Form No. A17), and seal the envelopes for distribution to the following: 136

Copy Election of the President, Copy Election of Local Officials and


Vice‐President, Senators Members of the House of
and Party‐list System Representatives
1st City or municipal board of 1st City or municipal board of canvassers
canvassers
2nd Congress, directed to the 2nd COMELEC
President of the Senate
3rd COMELEC 3rd Provincial board of canvassers

4th Citizens' arm authorized by the 4th Citizens' arm authorized by the COMELEC to
COMELEC to conduct an unofficial conduct an unofficial count
count
5th Dominant majority party as 5th Dominant majority party as determined by
determined by the COMELEC the COMELEC in accordance with law
th th
6 Dominant minority party as 6 Dominant minority party as determined by
determined by the COMELEC the COMELEC in accordance with law
7th Ballot box 7th One (1) to be posted conspicuously on a wall
within the premises of the polling place or
counting center
th th
8 Provincial Board of Canvassers 8 Ballot box

9th to 18th Ten (10) accredited major national 9th to 18th Ten (10) accredited major national parties,
parties, excluding the dominant excluding the dominant and minority parties,
and minority parties, in accordance in accordance with a voluntary agreement
with a voluntary agreement among them.
among them.
19th to Two (2) accredited major local 19th to Two (2) accredited major local parties in
20th parties in accordance with a 20th accordance with a voluntary agreement
voluntary agreement among them. among them.
21st to Four (4) national broadcast or print 21st to Five (5) national broadcast or print media
th th
24 media entities as may be equitably 25 entities as may be equitably determined by
determined by the COMELEC in the COMELEC in view of propagating the
view of propagating the copies to copies to the widest extent possible
the widest extent possible
th th
25 to Two (2) local broadcast or print 26 to Two (2) local broadcast or print media
th th
26 media entities as may be equitably 27 entities as may be equitably determined by
determined by the COMELEC in the COMELEC in view of propagating the

135
COMELEC Resolution No. 8786 (4 March 2010), Section 40 (qq).
136
COMELEC Resolution No. 8786 (4 March 2010), Section 41.

AES 2010 HANDBOOK Page 35


Copy Election of the President, Copy Election of Local Officials and
Vice‐President, Senators Members of the House of
and Party‐list System Representatives
view of propagating the copies to copies to the widest extent possible
the widest extent possible
27th to Four (4) major citizens’ arms, 28th to Three (3) major citizens’ arms, including the
30th including the accredited citizens’ 31st accredited citizens’ arm and other non‐
arm and other non‐partisan groups partisan groups or organizations enlisted by
or organizations enlisted by the the SEC pursuant to Section 52(K0 of B.P.
SEC pursuant to Section 52(K0 of Blg. 881. Such citizens’ arms, groups and
B.P. Blg. 881. Such citizens’ arms, organizations may use the four certified
groups and organizations may use copies of election returns for the conduct of
the four certified copies of election citizens’ quick counts at the local or national
returns for the conduct of citizens’ levels
quick counts at the local or
national levels
st
31 One (1) to be posted conspicuously
on a wall within the premises of
the polling place or counting
center

97. What will the procedure be if the parties could not reach an agreement as to the copies
distributed to the accredited major national and local parties?

If no such agreement is reached, the COMELEC shall decide which parties shall receive the
copies on the basis of the criteria provided in Section 26 of Republic Act No. 7166. 137

The following are the criteria provided in Section 26 of R.A. No. 7166
for choosing the parties

a. The established record of the parties, coalition of groups that


compose them, taking into account, among other things,
their showing in past elections;
b. The number of incumbent elective officials belonging to them
ninety (90) days before the date of election;
c. Their identifiable political organizations and strengths as
evidenced by their organized/chapters;
d. The ability to fill a complete slate of candidates from the
municipal level to the position of President; and
e. Other analogous circumstances that may determine their
relative organizations and strengths.

137
Republic Act No. 8436 (1997), Section 22, as amended by Republic Act No. 9369 (2007), Section 21.

AES 2010 HANDBOOK Page 36


98. Will a copy of the ERs be posted within the polling place or counting center? If so, when
should such copy be posted?

Yes. After the PCOS has printed 8 copies of the ER both for national and local positions,
the poll clerk shall announce the posting of a copy of the second copy of the ER both for
national and local positions on a wall within the premises of the polling place/counting
center which must be sufficiently lighted and accessible to the public, and proceed to post
such copies. 138

99. How long will such elections returns be posted?

Said copies of the ERs will be posted for forty‐eight (48) hours. 139

100. Will the public be allowed to take photos the copy posted in the polling place or
counting center?

Yes. Any person may view or capture an image of the ER by means of any data capturing
device like cameras, at any time of the day for 48 hours following its posting. 140

101. Can the public request for copies of the ER?

Yes. Additional copies not to exceed 30 may be printed and given to requesting parties at
their own expense. 141

102. What happens after the 48‐hour posting period?

After the 48‐hour period lapses, the BEI Chairman shall detach said ER from the wall and
keep the same in his custody to be produced as may be requested by any voter for image
or data capturing or for any lawful purpose as may be ordered by competent authority. 142

138
COMELEC Resolution No. 8786 (4 March 2010), Section 40 (p).
139
Republic Act No. 7166 (1997), Section 27, as amended by Republic Act No. 9369 (2007), Section 33; COMELEC Resolution No. 8786 (4
March 2010), Section 40 (q).
140
Republic Act No. 7166 (1991), Section 27, as amended by Republic Act No. 9369 (2007), Section 33; COMELEC Resolution No. 8786 (4
March 2010), Section 40(q).
141
Republic Act No. 7166 (1991), Section 27, as amended by Republic Act No. 9369 (2007), Section 33.
142
Republic Act No. 7166 (1991), Section 27, as amended by Republic Act No. 9369 (2007), Section 33. COMELEC Resolution No. 8786 (4
March 2010), Section 40(q).

AES 2010 HANDBOOK Page 37


VIII. POST‐COUNTING AND
POST‐TRANSMISSION
PROCEDURES
103. What shall the BEI do next upon the termination of the counting of votes and the
announcement of the results of the election in the precinct?

Place inside the ballot box copies of


the printed ER and Minutes of
Close the ballot box; lock it with one
Testing and Sealing; voting and
(1) serially numbered seal with steel
Counting of Votes intended for the
wire and three (3) padlocks.
ballot box; Half of torn unused
ballots; and Rejected Ballots.

Place the keys to the padlocks in


Remove the main memory from the
separate enveloped, which must be
PCOS, place it inside an
sealed ad signed by all members of
envelope and seal it.
the BEI.

Label the envelope as


“TRANSMITTED” or “NOT
TRANSMITTED” and submit it to Turn‐over the PCOS to the Support
the Reception and Custody Group Technician in the voting center.
of the City/Municipal Board of
Canvassers.

Deliver the ballot box, accompanied by


Deliver to the Election Officer the watchers to the city or municipal
following documents: treasurer. In case the ballot box is not
locked and/or sealed, the treasurer shall
Book of Voters; EDCVL; PCVL; Three (3) lock and/or seal it. The treasurer shall
envelopes, each containing a key to a include such fact and the serial number
padlock of the ballot box; Envelope of the self‐locking serially numbered
(A11) containing the copy of the fixed length seal used, in his report to
Minutes intended for the COMELEC; the COMELEC.
Envelope (A15) containing the other half
of torn unused official ballots; List of
Voters allowed to vote, if any, after 6:00
o’clock; Envelope containing
Initialization Report, Precinct Audit Log
Report and Precinct Statistics Report;
election returns intended for the
Provincial Board of Canvassers, Regional
Board of Canvassers and the
Commission on Elections; envelope
containing the main memory card for
use by the MBOC in case of failure of
transmission; Other documents
;

Figure 7: Steps after termination of counting of votes and announcement of results

AES 2010 HANDBOOK Page 38


After the counting of votes, the Provincial Election Supervisor, Election Officer or the
Treasurer, shall require the BEI which failed to deliver the election documents or
paraphernalia immediately. The procedure for the delivery and transmittal of printed
copies of election returns are provided in Comelec Resolution No. 8803 promulgated on 16
March 2010.

104. What will the Election Officer do with the EDCVL and the PCVL?

The Election Officer shall keep the EDCVL and the PCVL in a safe place until such time that
the COMELEC gives instructions on their disposition. 143

105. What should the BEI do if it omits or erroneously includes documents in the
ballot box?

Instead of opening the ballot box to place the omitted documents or articles, the BEI shall
deliver the same to the Election Officer. The Election Officer shall take appropriate
measures to preserve the integrity of the documents. 144

106. Can the ballot box be reopened?

No, in no instance shall the ballot box be reopened to place or to take out any document or
article. Only in proper cases and with prior written authority of the COMELEC to retrieve
copies of the ERs which will be needed in any canvass will the ballot boxes be reopened.

In such instance, the BEI members and the watchers shall be notified of the time and place
of the opening of said ballot box. However, if there are other authentic copies of the ERs
outside of the ballot box which can be used in the canvass, such copies of the ERs shall be
used in said canvass and the opening of the ballot box to retrieve copies of the ERs placed
therein shall then be dispensed with. 145

143
COMELEC Resolution No. 8786 (4 March 2010), Section 44.
144
COMELEC Resolution No. 8786 (4 March 2010), Section 45.
145
COMELEC Resolution No. 8786 (4 March 2010), Section 45.

AES 2010 HANDBOOK Page 39


IX. CANVASS

A. The Board of Canvassers (BOC)

107. For which areas should there be constituted a BOC and who exercises
supervision and control over the Board?

There shall be a BOC in each municipality, city, province, and in each legislative district
comprising two (2) municipalities/cities. 146

COMELEC shall have direct control and supervision over BOCs and may motu proprio
relieve, for cause, at any time, any member and designate the substitute. 147

108. What is the composition of the BOC in the different levels?

The BOCs at the different levels shall be composed as follows:

Board of Canvassers Composition

National BOC for Senate and the House of Representatives in joint public session
President and Vice‐
President
National BOC for Chairman and members of the COMELEC sitting en banc
Senators and Partylist
Representatives
PBOC Provincial Election Supervisor or a COMELEC representative, as
Chairman; the Provincial Prosecutor, as Vice‐Chairman; and the
District School Superintendent, as Member. 148
MBOC Election Officer or a COMELEC representative, as Chairman; the
Municipal Treasurer, as Vice‐Chairman; and the District School
Supervisor, or in his absence, the most senior Principal of the school
district, as Member
City BOC City Election Officer or a COMELEC lawyer, as Chairman; the City
Prosecutor, as Vice‐Chairman; and the Division Superintendent of
Schools, as Member

Note: In cities with more than one Election Officer, COMELEC shall
designate the Election Officer who shall act as chairman. 149

146
COMELEC Resolution No. 8809 (30 March 2010), Section 1.
147
COMELEC Resolution No. 8809 (30 March 2010) Section 2.
148
COMELEC Resolution No. 8809 (30 March 2010), Section 5; Republic Act No. 6646 (1988), Section. 20 (a) states that the provincial
BOC shall be composed of the provincial election supervisor or a lawyer in the regional office of the COMELEC, as chairman, the
provincial fiscal, as vice‐chairman, and the provincial superintendent of schools, as member.

AES 2010 HANDBOOK Page 40


District BOC City Election Officer or a COMELEC lawyer, as chairman, the city
(for legislative districts prosecutor, as vice‐chairman, and the city superintendent of schools,
of Metro Manila as member
comprising two (2) cities
or municipalities)

109. Is the composition of the BOCs affected by the AES?

No. The composition of the BOCs, whether it be provincial, city, or municipal is not
materially affected by Republic Act No. 9369.

However, to implement the AES, each BOC shall be assisted by an information


technology‐capable person authorized to operate the equipment adopted for the
elections. COMELEC shall deputize information technology personnel from among the
agencies and instrumentalities of the government, including government‐owned and
controlled corporations. 150

This technology‐capable person shall be known as CCS operator. The CCS operators
shall be designated by the Provincial Election Supervisor concerned, in the case of the
city BOC/municipal BOC outside the National Capital Region (NCR), and by the NCR
Regional Election Director in the case of the city, municipal and district BOC in the
NCR. The Regional Election Director concerned shall designate the CCS operator in the
case of the provincial boards of canvassers in regions outside the NCR. 151

110. Who is disqualified from being a CCS Operator?

One who is related within the fourth civil degree of consanguinity or affinity to any
member of the BOC which he will assist or to any of the candidate whose votes shall be
canvassed by the BOC which he will assist is disqualified from being a CCS Operator. 152

111. Who are disqualified from being BOC members?

Those related within the fourth civil degree of consanguinity or affinity to any of the
candidates whose votes will be canvassed by said BOC, or to any member of the same
BOC shall be disqualified from being a BOC Chairman or member. 153

112. What happens if the BOC Chairman or member is not available, absent,

149
COMELEC Resolution No. 8809 (30 March 2010), Section 4; Republic Act No. 6646 (1988), Section. 20 (b) states that the city BOC
shall be composed of the city election registrar or a lawyer of the COMELEC, as chairman, the city fiscal, as vice‐chairman, and the
city superintendent of schools, as member. In cities with more than one election registrar, the COMELEC shall designate the election
registrar who shall act as chairman.
150
Republic Act No. 9369 (2007), Section 5.
151
COMELEC Resolution No. 8809 (30 March 2010), Section 7.
152
COMELEC Resolution No. 8809 (30 March 2010), Section 7.
153
Batas Pambansa Blg. 881 (1985), Section 222.

AES 2010 HANDBOOK Page 41


disqualified due to relationship, or incapacitated for any cause?

In these instances, a ranking COMELEC shall be appointed as substitute. 154

For other BOC members, COMELEC shall appoint as substitute the following in the
order named:

BOC Substitute
PBOC a. Provincial Auditor,
b. Register of Deeds,
c. Clerk of Court nominated by the Executive Judge of the Regional
Trial Court, and
d. other available appointive provincial official
CBOC a. City Auditor,
b. Register of Deeds,
c. Clerk of Court nominated by the Executive Judge of the Regional
Trial Court, and
d. other available appointive city official
MBOC a. Municipal Administrator
b. Municipal Assessor
c. Clerk of Court of the Municipal Trial Court nominated by the
Executive Judge of the Municipal Trial Court, or
d. any other available appointive municipal officials

District BOC of the a. next ranking prosecutor or


legislative districts in b. district supervisor
Metro Manila
in the district. 155

154
COMELEC Resolution No. 8809 (30 March 2010), Section 8; Batas Pambansa Blg. 881 (1985), Section 226 states: “In case of non‐
availability, absence, disqualification due to relationship, or incapacity for any cause of the chairman, the COMELEC shall designate
the provincial or city fiscal to act as chairman. Likewise, in case of non‐availability, absence, disqualification due to relationship, or
incapacity for any cause, of such designee, the next ranking provincial or city fiscal shall be designated by the COMELEC and such
designation shall pass to the next in rank until the designee qualifies.”
155
COMELEC Resolution No. 8809 (30 March 2010), Section 8; Batas Pambansa Blg. 881 (1985), Section 226 states: “With respect to the
other members of the BOC, the COMELEC shall appoint as substitute the provincial, city or municipal officers of other government
agencies in the province, city or municipality, as the case may be, and with respect to the representatives of the accredited political
parties, the COMELEC shall appoint as substitutes those nominated by the said political parties.”

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113. Who has the authority to appoint substitute members of the BOCs and what
is the duty of the appointing authority with respect to his appointment of substitute
BOC members?

The authority to appoint substitute BOC members shall be vested in the following:

a. Regional Election Director, for the PBOC in his region;


b. Provincial Election Supervisor, for the CBOC and MBOC in his province; and
c. Regional Election Director of the National Capital Region, for the
DBOC/MBOC/CBOC in his region.

Within twenty‐four (24) hours from issuance of the appointment of a substitute, they
shall inform the Office of the COMELEC Executive Director in writing about the (i)
appointment, and (ii) reason for substitution. 156

114. What shall be done should a regular BOC member appear to be absent?

In case a regular BOC member is absent, the BOC members present shall first verify
whether notice has been served on the absent member. In case no such notice was
sent, a notice shall be immediately served on the absent member. If the latter cannot
be located or his whereabouts are unknown, he shall be substituted. These facts shall
be recorded in the Minutes of the BOC. As soon as the absent member appears, the
substitute member shall relinquish his seat in favor of the regular member. 157

115. What is required and what shall be done in case a regular BOC member of the
Board is incapacitated by sickness or serious injury?

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 form part of the Minutes of the BOC.

156
COMELEC Resolution No. 8809 (30 March 2010), Section 8.
157
COMELEC Resolution No. 8809 (30 March 2010), Section 12.

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ELECTION OFFENSE

Any BOC member feigning illness in order to be substituted on


election day until the proclamation of the winning candidates
shall be guilty of an election offense. 158

116. Who shall record and prepare the Minutes of BOC proceedings?

The district school supervisor, or the principal, the city or provincial superintendent of
schools, as the case may be, or any representative of the DepEd shall act as Secretary,
unless otherwise ordered by the COMELEC. He shall prepare the minutes of the Board
by recording therein the proceedings and such other incidents or matters relevant to
the canvass. 159

117. How and when should the minutes of the canvassing be reported?

A certified copy of the Minutes of Canvass shall be sent by registered mail to the Law
Department of the COMELEC. Said department shall likewise be notified by telegram
indicating the date and the manner of transmittal of the Minutes of Canvass. 160

The Minutes of Canvass shall be transmitted within five (5) days from termination of
canvass.

118. May a member of the BOC be transferred, assigned or detailed outside of his
official station, or leave said station without prior authority of the COMELEC
during the period beginning election day until the proclamation of the winning
candidates? Is there an exception to this rule?

During the period beginning on election day until the proclamation of the winning
candidates, no BOC member or substitute shall be transferred, assigned or detailed
outside of his official station, nor shall he leave said station without prior authority of
the COMELEC. 161

158
Batas Pambansa Blg. 881 (1985), Section 224.
159
COMELEC Resolution No. 8809 (30 March 2010), Section 9.
160
COMELEC Resolution No. 8809 (30 March 2010), Section 25.
161
Batas Pambansa Blg. 881 (1985), Section 223; See also COMELEC Resolution No. 8809 (30 March 2010), Section 14.

AES 2010 HANDBOOK Page 44


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. 162

119. What are the functions and responsibilities of the Provincial, City, District and
MBOCs?

The BOCs shall:

a. Canvass/consolidate the electronically transmitted results;


b. Generate and print the COC, COCP, and SOV;
c. Electronically transmit the result;
d. Proclaim the winning candidates; and
e. Perform such other functions as may be directed by the COMELEC. 163

120. What are the duties of the National BOC for President and Vice‐President?

The national BOC for President and Vice president shall electronically transmit a duly
certified COC to the Senate president.

Upon receipt of the COCs, the Senate President shall, not later than thirty (30) days
after the day of the election, open all the certificates in the presence of the Senate and
the House of Representatives in joint public session.

Upon determination of the authenticity and the due execution thereof in the manner
provided by law, Congress canvass all the results for president and vice‐president and
thereafter, proclaim the winning candidates. 164

162
COMELEC Resolution No. 8809 (30 March 2010), Section 14.
163
COMELEC Resolution No. 8809 (30 March 2010), Section 18.
164
Republic Act No. 8436 (1997), Section 28, as amended by Republic Act No. 9369 (2007), Section 23; See also Sixto S. Brillantes, Jr., et
al. v. COMELEC, G.R. No. 163193, 15 June 2004.

AES 2010 HANDBOOK Page 45


B. Manner of Canvassing

121. What procedures shall the BOC observe before the canvassing begins?

Before the canvassing begins, the BOC shall observe the following procedures: 165

Show to the public and watchers Remove the plastic seal of the
that the CCS box is sealed. CCS box.

Check whether the following are


inside the CCS box: (1) CCS
Laptop Box, (2) Three envelopes Open the CCS box.
containing username and
passwords

Retrieve the CCS laptop from its


Retrieve the envelopes and USB
box and place it properly on top of
tokens and distribute.
the table.

Figure 8: Preliminaries to Canvassing

165
COMELEC Resolution No. 8809 (30 March 2010), Section 26.

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122. What procedures are to be followed by the BOC during canvassing relative to the
initialization of the Consolidation and Canvassing System (CCS)?

Immediately after convening, the Board shall receive from the RCG the envelope
containing the memory card for the PCOS labeled “NOT TRANSMITTED” and
undertake the following canvassing procedures: 166
Plug the power cord of the Plug the extension cord to
Turn on the laptop by
laptop to the extension the electrical outlet or
pressing the power button.
cord. generator.

Install the available SIM Connect the USB modem Hit the ENTER button in
card provided in the USB extension cable to the the WELCOME page of
modem. USB port of the laptop. the CCS.

Click on the network icon


Connect the transmission available in the lower right If connection cannot
medium to the USB corner of the screen. Click be established using
modem extension cable. the wireless provider and USB modem and BGAN
Wait for one (1) minute. wait for the connection to kit is available
be established.

Connect the power


adaptor to the 2-pin cord Install the BGAN SIM card
then to the electrical Install BGAN battery. in the BGAN SIM card
outlet. If needed, use the slot.
electrical extension cord.

Connect the BGAN to the Place the BGAN to an


Connect the power
laptop using the network outdoor location with a
adaptor to the BGAN.
cable. clear sight facing the sky.

Ensure that the BGAN is


Turn on the BGAN by Align the BGAN
connected to the satellite
pressing the ON button. accordingly.
provider.

The connection icon on


the lower right should
1
indicate a successful End If
network connection: “Etho
Connected”.

Figure 9: CCS Initialization

166
COMELEC Resolution No. 8809 (30 March 2010), Section 27 (a).

AES 2010 HANDBOOK Page 47


123. How is the canvassing started?

After initializing the CCS, in the “WELCOME” page, the CCS operator shall 167:

Request the Chairman to


enter his username and
Check and ensure that the password in the space
Click on the ENTER button.
CCS is still online. provided and click ACCEPT.
The screen will display the
Home page.

Figure 10: Starting the Canvassing

124. How are the transmissions of data from voting centers monitored by the Boards?

The municipal BOC/city BOC through the CCS Operator shall 168:

MBOC/CBOC through CCS Operator

A list of barangays will


appear with a colored
Click on the MONITORING button before each.
To monitor a barangay, click
option in the Home page and Red means
on a barangay name and a list
click MONITOR RESULTS transmission has not
of voting centers will appear.
TRANSMISSION. started yet; Yellow,
ongoing; Green,
completed.

To update the status of


transmission from the PCOS To monitor a precinct, click the
or a clustered precinct, click voting center where the
UPDATE at the bottom of the precinct belongs.
screen.

PBOC/DBOC through CCS Operator

A list of cities will


appear with a colored
Click on the MONITORING button before each.
To monitor a city, click on a
option in the Home page then Red means
barangay name and a list of
click MONITOR RESULTS transmission has not
voting centers will appear.
TRANSMISSION. started yet; Yellow,
ongoing; Green,
completed.

To update the status of


transmission from a city/
municipal CCS, click
UPDATE.

Figure 11: Monitoring Data Transmission

167
COMELEC Resolution No. 8809 (30 March 2010), Section 27 (b).
168
COMELEC Resolution No. 8809 (30 March 2010), Section 27 (c).

AES 2010 HANDBOOK Page 48


125. What may be done in the case of unstransmitted results?

In case the BOC receives from the Reception and Custody Group (RCG) an envelope
labeled with “NOT TRANSMITTED”, the BOC shall open the said envelope, retrieve the
memory card and give the same to the CCS Operator.

The CCS Operator shall:

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.

Request any member of


Click on LOAD PCOS
the Board to insert his
Remove the USB token RESULTS. The CCS will
USB token in the laptop
from the USB slot. display input box dialogue
and type his username
for EML FILE INPUT.
and password. Click OK.

Request another member


of the Board to insert his Click on BROWSE button. Click on the directory for
USB token in the laptop The CCS will display the card reader (MEDIA) at
and logon. Click OK. The FILE UPLOAD dialogue the left pane of the
CCS will display EML FILE box. dialogue box.
input box.

Wait until processing is


done. The Home page will Click RESTRANS file from
display the message THE the list of files in the right
Click ACCEPT.
ELECTION RETURN pane of the dialogue box
WAS SUCCESSFULLY and click OPEN.
PROCESSED.

Repeat steps 2 through 13


Remove the main memory
until all memory cards
card from the memory Submit all processed
contained in envelopes
card reader, return to its memory cards to Election
labeled NOT
envelope and change the Officer for safekeeping.
TRANSMITTED are
label to TRANSMITTED.
processed.

Remove the main memory


card reader from the
laptop.

Figure 12: Procedure in case of Untransmitted Results

AES 2010 HANDBOOK Page 49


126. How are the canvass reports generated?

The CCS operator shall generate Canvass Report before generating and printing COC.
For this purpose, the CCS operator shall:

Before a Certificate of Canvass (COC) can be generated and printed, the CCS operator
must first generate and print a consolidated Canvass Report. For this purpose, the CCS
operator shall:

Click GENERATE
Request any member of
CONSOLIDATED
the Board to insert his
Click the CANVASSING CANVASS REPORT. A
USB token in the laptop
option in the Home page.cl dialogue box will appear
and type his username
requiring the insertion of
and password. Click OK.
security tokens.

Request another member


of the Board to insert his
Remove the USB token USB token in the laptop Remove the USB token
from the USB slot. and logon. Click OK. The from the USB slot.
CCS will display EML FILE
input box.

The CCS shall


The Print Preview will
automatically generate the Click CONTINUE at the
appear. Click on the
Canvass Report for all bottom of the screen.
printer icon. Click OK.
positions.

Figure 13: Generation and Printing of Consolidated Canvass Report

AES 2010 HANDBOOK Page 50


127. How are the COCs generated and printed?

COCs are generated and printed following the procedure below:


Click CONSOLIDATED
If all expected
CERTIFICATE OF
clustered precincts Click CANVASSING in
CANVASS (COC). A End If
have been the Home page.
prompt will require
received
security tokens.

M/C/DBOC to verify with PBOC to verify with M/


If not all expected BEI concerned the CBOC the reason for
End If
results are received reason for non- non-transmittal of
transmittal of results. municipal/city results.

If results Click GENERATE


Select the position for
cannot CERTIFICATES OF
Click CANVASSING in which the COC will be
be transmitted and CANVASS (COC). A
the Home page. generated. A prompt will
will not affect prompt will require
require security tokens.
elections security tokens.

Remove the USB token Request another Request any member of


from the USB slot. The member of the Board to the Board to insert his
Remove the USB token
CCS will automatically insert his USB and type USB and type his
from the USB slot.
generate the COC for his username and username and
the position selected. password. Click OK. password. Click OK.

The Print Preview will


To generate the COC
appear. Click on the
for the next position,
printer icon then type 8 Click CONTINUE. End If
repeat steps 3 through
as the number of copies
9.
to be printed. Click OK.

Board to ask from the


If results Commission the authority to
cannot generate and print COC for a
be transmitted and position and to proclaim as End If
will affect winners those whose standing
elections are not affected by the lacking
results.

Figure 14: Generation and printing of COC

AES 2010 HANDBOOK Page 51


128. What is the manner of transmitting results?

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

Click TRANSMIT RESULTS in


the Home page. Wait until
Click ACCEPT button. The
Click ADMINISTRATION from positions are listed in the top of
CCS will automatically display
Home page. the screen with a message
the Home page.
SUCCESSFULLY
TRANSMITTED.

Figure 15: Transmission of Results

129. What procedure must be followed in the printing of remaining COC Reports?

After transmission of the COCs to the Canvassing Boards concerned and to the central
server, the CCS operator shall:

Click GENERATE
Select the position for
CERTIFICATES OF
Click CANVASSING in the which a COC will be
CANVASS (COC). A
Home page. generated. A prompt will
prompt will require security
require security tokens.
tokens.

Request another member Request any member of


of the Board to insert his the Board to insert his
Remove the USB token
USB and enter his USB and enter his
from the USB slot.
username and password. username and password.
Click OK. Click OK.

Remove the USB token The Print Preview will


from the USB slot. The appear. Click on the
CCS will automatically printer icon and enter 22 Click CONTINUE.
generate the COC for the as the number of copies to
position selected. be printer. Click OK.

To generate the COC for


the next position, repeat
steps 3 through 9.

Figure 16: Printing of Remaining COC Reports

AES 2010 HANDBOOK Page 52


130. How is the consolidated SOV generated and printed?

Click GENERATE Request any member of


CONSOLIDATED the Board to insert his
Click CANVASSING in the
STATEMENT OF VOTES USB and enter his
Home page.
(SOV). A dialogue box will username and password.
appear. Click OK.

Request another member


of the Board to insert his
Remove the USB token Remove the USB token
USB and enter his
from the USB slot. from the USB slot.
username and password.
Click OK.

The Print Preview will


appear. Click on the
printer icon and enter 4 as Click CONTINUE.
the number of copies to be
printer. Click OK.

Figure 17: Generation and Printing of SOVs

AES 2010 HANDBOOK Page 53


131. How is the Certificate of Canvass and Proclamation (COCP) generated?

The CCS operator shall:


Click GENERATE Request any member of
CERTIFICATES OF the Board to insert his
Click CANVASSING in the
CANVASS AND USB and enter his
Home page.
PROCLAMATION. A username and password.
dialogue box will appear. Click OK.

Request another member


of the Board to insert his
Remove the USB token Remove the USB token
USB and enter his
from the USB slot. from the USB slot.
username and password.
Click OK.

Click on a position in the


If there
GENERATE
are no candidates
CERTIFICATES OF
If there is a tie with same number of
CANVASS AND
votes for a
PROCLAMATION screen
position
to generate COCP.

Click ACCEPT at the


The Board shall record in
The Board shall notify the bottom of the screen
the Minutes the fact of
candidates regarding the which displays a
having candidates with the
drawing of lots to break decreasing list of votes for
same number of votes for
the tie. a particular position. CCS
a position.
shall generate COCP.

Candidates or their reps


Click on the radio button shall be present during
beside the name of the canvassing. The Board
End If
winning candidate. Then shall declare the winner
click MOVE UP. and arrange the order of
winners in the CCS.

Click ACCEPT. The CCS


After completing the order,
shall display the list of The Board shall declare as
check the box beside the
winning candidates in elected the winning
command ACCEPT
order and generate candidates.
DEFINED ORDER.
COCP.

Click PRINT. The print


preview of the COCP will
Repeat until all positions
be displayed. Type 17 as
are generated with COCP.
the number of copies to be
printed. Click OK.

Figure 18: Generating COCP

AES 2010 HANDBOOK Page 54


132. How is the Audit Log generated and printed?

The CCS operator shall:

Request the Chairman of


the Board to insert his
Click MONITORING in the
Click PRINT LOG option. USB and enter his
Home page.
username and password.
Click OK.

Click the printer icon and Click PRINT at the bottom


press OK. of the screen.

Figure 19: Printing of Audit Log

133. What must be done after all the reports, i.e. COC, SOV, COCP, Audit Log are
printed?

Immediately after printing copies of the COCs, SOVs and COCP, the Board shall:

The Chairman of the


The Board shall ask the
The Board shall affix Board shall publicly
watchers present to affix
signatures and thumb announce the total number
their signatures and thumb
marks on the printed of votes received by each
marks on the printed
COCs, SOVs and COCP. candidate, stating their
COCs, SOVs and COCP.
corresponding offices.

The Member-Secretaries The Member-Secretaries


shall place in the shall announce the posting
corresponding envelopes of the COCs on the wall
with paper seals all within the premises of the
reports. canvassing area

Figure 20: Post Printing Activities

AES 2010 HANDBOOK Page 55


134. What are the procedures to be taken to ensure that the results generated by the
CCS are backed up?

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.

The CCS will display the


positions with reports
Remove the CD from the Click ACCEPT. The Home generated and a message
CD drive. page will be displayed. SUCCESSFULLY
PROCESSED CD
BACKUP REQUEST.

Place the CD inside an Label the envelope as Indicate in the envelope


envelope intended for the TRANSMITTED or NOT the city or municipality and
purpose and seal it. TRANSMITTED. province.

Repeat steps 1 through 10


Turnover the CD to the
to back-up files in two Sign the envelope.
Chairman.
additional discs.

Submit to the Reception The two (2) discs used to


and Custody Group of the back-up the city/municipal
Provincial Board of or provincial results, duly
Canvasser (for C/MBOC)/ sealed shall be submitted
National Board of to the PBOC/CONGRESS
Canvassers (for PBOC). and Commission.

Figure 21: Backing up CCS results

AES 2010 HANDBOOK Page 56


135. What is the procedure in shutting down the CCS?

After printing of all the reports and transmission of the


municipal/city/district/provincial results to all destinations, the following shall be
undertaken:

Press the power button.


Click on the EXIT option in The screen will display a
the Home page. message SHUT DOWN
THE COMPUTER.

Turnover the CCS laptop


Click SHUTDOWN.
to the technician.

Figure 22: Shutting down CCS

136. When is the BOC Chairman required to give notice of the BOC’s initial and
succeeding meetings?

Not later than May 5, 2010, the Chairman of the Board shall give written notice to its
members and to each candidate, political party or coalition of political parties fielding
candidates (hereinafter referred to as political party), and party, organization/coalition
participating under the party‐list system (hereinafter referred to as party‐list groups)
of the date, time and place of the canvassing, which shall be held, unless otherwise
ordered by the COMELEC, in the session hall of the Sangguniang Bayan/
Panlungsod/Panlalawigan.

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.

AES 2010 HANDBOOK Page 57


ELECTION OFFENSE

Failure to give notice of the date, time and place of the meeting of the
BOC is an election offense under Sec. 261 (aa) (1) of the Omnibus Election
Code. 169

Examples:

Where the BOC merely recessed after it convened at 6:00 p.m. because there were no
returns to canvass yet, and then resumed its proceedings when the returns arrived,
there is no necessity to send another notice to its members and to each candidate and
political party representing the candidates. In this case, there is no subsequent
meeting of the BOC to speak of. 170

Where there is no doubt that the short notices (barely an hour) given to the candidates
were expressly designed to prevent their attendance, the same is sufficient ground to
annul the canvass. 171

137. When should the BOCs be convened?

The BOCs shall convene at 12:00 o’clock noon of May 10, 2010 at the designated place
to initialize the CCS and to receive and canvass the electronically‐transmitted ERs or
the COCs. It shall meet continuously until the canvass is completed, and may adjourn
only for the purpose of awaiting the other ERs/COCs. 172

138. What is the vote required for the BOC to render a decision in issues and matters
before them?

A majority of the BOC members shall constitute a quorum for the transaction of
business, and a majority vote of all members thereof shall be necessary to render a
decision. 173

169
COMELEC Resolution No. 8809 (30 March 2010), Section 10; See also Republic Act No. 6646 (1988), Section 23.
170
Quilala v. COMELEC, G.R. No. 82726, 13 August 1990.
171
Rufino S. Antonio, Jr. v. COMELEC, G.R. No. L‐31604, 17 April 1970.
172
COMELEC Resolution No. 8809 (30 March 2010), Section 11.
173
COMELEC Resolution No. 8809 (30 March 2010), Section 17; See also Batas Pambansa Blg. 881 (1985), Section 225.

AES 2010 HANDBOOK Page 58


C. Persons Present During Canvassing

139. What rights do registered political parties, coalition of parties, and candidates
have before the BOC and during canvassing?

Each registered political party, or coalition of political parties fielding candidates,


accredited political parties, sectoral party/organization or coalition thereof
participating under the party‐list system and every candidate has the right to be
present and to counsel during the consolidation/canvass of the ERs or COCs: Provided,
that only one (1) counsel may argue for each party or candidate. They shall have the
right to observe the transmission, consolidation and canvass of the ERs or COCs
without touching the CCS, make observations thereon, and file their challenges in
accordance with the rules and regulations of the COMELEC. The Board shall not allow
any dilatory action. 174

140. Are watchers allowed to be present during canvassing?

See discussion on Watchers.

141. Who are not allowed inside the canvassing room?

Key Point For BOCs:


During the canvass, it shall be UNLAWFUL for the following to enter the room where
the transmission, consolidation and canvass are being held or to stay within a radius
of fifty (50) meters from such room:

� Any officer or member of the Armed Forces of the Philippines;


� Any officer or member of the Philippine National Police;
� Any peace officer or any armed or unarmed persons belonging to an extra‐legal
police agency, special forces, strike forces, or civilian armed forces geographical
units;
� Any barangay tanod or any member of barangay self‐defense units;
� Any member of the security or police organizations of government agencies,
COMELECs, councils, bureaus, offices, instrumentalities, or government‐owned
or controlled corporations or their subsidiaries; or
� Any member of a privately owned or operated security, investigative, protective
or intelligence agency performing identical or similar functions. 175

174
COMELEC Resolution No. 8809 (30 March 2010), Section 19; See also Republic Act No. 6646 (1988), Section 25.
175
COMELEC Resolution No. 8809 (30 March 2010), Section 21; See also Batas Pambansa Blg. 881 (1985), Section 232.

AES 2010 HANDBOOK Page 59


142. Is there an exception to this prohibition?

Yes. The BOC may, whenever necessary, by majority vote direct in writing for the
detail of policemen or peace officers for their protection or for the protection of the
machines, election documents and paraphernalia, or for the maintenance of peace and
order, in which case said policemen or peace officers, who shall be in proper uniform,
shall stay outside the room but near enough to be easily called by the Board at any
time. 176

143. What is the consequence of the refusal of any person to obey any lawful order of
the BOC or of disorderly conduct in a manner as to disturb or interrupt the
proceedings of the BOC?

The BOC may order, in writing, any peace officer/ soldier to take such person in
custody until the adjournment of the meeting. In the absence of any peace officer, any
other competent and able person deputized by the Board in writing, may execute such
order. The BOC shall have full authority to keep order within the canvassing room or
hall, and its premises and enforce obedience to its lawful orders. 177

D. The COCs – Effect and their distribution

144. What will be considered as official election results and which shall be used as the
basis for proclamation?

The COCs transmitted electronically and digitally signed 178 shall be considered as
official election results and shall be used as the basis for the proclamation of a winning
candidate. 179

The COCs shall be supported by Statement of Votes (SOVs).

145. What is an SOV?

The SOV, which is a tabulation per precinct of the votes garnered by the candidates as
reflected in the ERs, forms the basis of the COC and of the proclamation.

176
COMELEC Resolution No. 8809 (30 March 2010), Section 21; See also Batas Pambansa Blg. 881 (1985), Section 232.
177
COMELEC Resolution No. 8809 (30 March 2010), Section 18; See also Republic Act No. 6646 (1988), Section 24.
178
See discussion on authenticity and due execution, infra.
179
Republic Act No. 8436 (1997), Section 25, as amended by Republic Act No. 9369 (2007), Section 20.

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146. What is the importance of the SOV?

Any error in the SOV ultimately affects the validity of the proclamation. If a
candidate’s proclamation is based on a SOV which contains erroneous entries, it is null
and void. It is no proclamation at all and the proclaimed candidate’s assumption of
office cannot deprive the COMELEC of the power to annul the proclamation. 180

147. Who shall have the responsibility of receiving and safekeeping of the main
memory card and of the hardcopies of ERs?

The BOC may constitute a Reception and Custody Group (RCG) for the reception and
safekeeping of main memory card and of the hardcopies of ERs, at the rate of one (1)
RCG for every five hundred (500) clustered precincts in the city/municipality/district or
one (1) RCG for each province for the reception and safekeeping of the hardcopies of
COCs and SOVs.

For this purpose, the Election Officer or the Provincial Election Supervisor shall provide
the RCG with the Project of Precincts of the city/municipality/district or the list of
municipalities/cities in the province, as the case may be. 181

148. What is the composition of the RCG?

The RCG is a 2‐member group, composed of government appointive officials. They


shall be designated by the concerned chairman of the Board and shall receive
honoraria computed as that of the members of the Board. 182

149. Who are disqualified from being RCG members?

The following are disqualified from being RCG members:

a. casual employees or employees of the Offices of the Provincial Governor, or


City/Municipal Mayor, or Punong Barangay, or the corresponding Sanggunians
be appointed/designated as a member of the RCG; and
b. those related to each other or to any BOC member or to any candidate whose
votes will be canvassed by the BOC, within the fourth civil degree of
consanguinity or affinity. 183

180
Flauta v. COMELEC, G.R. No. 184586, 22 July 2009.
181
COMELEC Resolution No. 8809 (30 March 2010), Section 22.
182
COMELEC Resolution No. 8809 (30 March 2010), Section 22.
183
COMELEC Resolution No. 8809 (30 March 2010), Section 22.

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150. What are the duties and responsibilities of the RCG?

The RCG shall: 184

a) Receive from:

1) The BEI, the envelope containing the main memory card of PCOS
labelled “TRANSMITTED” or “NOT TRANSMITTED, and the envelopes
containing the printed copies of the ERs intended for city/municipal
BOC (C/MBOC);
2) The C/MBOC, the envelope containing the CD of the municipal/city
CCS labelled “TRANSMITTED” or “NOT TRANSMITTED”, and the
envelope containing the printed copy of the COC intended for the
PBOC;

b) Log the date and time of receipt, the condition and serial numbers of each
envelope and its corresponding paper seal, the precinct number, and the
city/municipality/district of the ERs/COCs ;

c) Mark:

1) In the project of precincts the corresponding precincts which


envelope containing the main memory card labelled “NOT
TRANSMITTED”;
2) In the list of cities/municipalities the corresponding city/municipality
which envelope containing the CD of the CCS labelled “NOT
TRANSMITTED”;

d) Log the following:

1) date and time of receipt;


2) condition and the serial number of corresponding paper seal of the
envelope:
3) The precinct number of the envelope containing the memory card;
4) The city/municipality of the envelope containing the CD;

e) Immediately submit to the Board after recording the necessary data the
envelope containing the main memory card/CD labelled “NOT
TRANSMITTED”;

f) Log the date and time of receipt, the condition and serial numbers of each
envelope and its corresponding paper seal, the precinct number, and the
city/municipality/district of the ERs/COCs ;
184
COMELEC Resolution No. 8809 (30 March 2010), Section 23.

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g) Place the envelopes containing the ERs/COCs inside the ballot box, close and
lock the same with padlocks; and

h) Forward to the Board, the ballot boxes containing the ERs/ COCs and one copy
of the list of precincts/ list of cities/municipalities/districts as marked.

i) Follow steps b to d of this section for the envelopes containing memory card/CD
labelled “TRANSMITTED” and thereafter, submit to the Board.

151. How many copies of the COCPs and SOVs shall be produced and how are the
copies to be distributed?

The Board shall generate and print sufficient copies of the COCP and SOV to be
distributed as follows: 185

BOC Concerned Details of Distribution


MBOC/CBOC 1. Election Records and Statistics Department (ERSD of the
COMELEC;
2. For posting;
3. Chairman, MBOC/CBOC;
4. Secretary, Sangguniang Bayan/Panlungsod;
5. Municipal Treasurer;
6. Winning Candidate for Mayor; Winning Candidate for Vice‐Mayor;
and
7. Winning Candidates for members of the Sangguniang
Bayan/Panlungsod;

The copies of the COCP for 1, 2, 3, 4, and 5 shall be supported by a


Statement of Votes by precinct containing the total number of votes
obtained by each candidate in each precinct and the grand total they
obtained in the entire municipality/city/district. Said documents shall be
signed and thumb marked by the chairman and members of the
MBOC/CBOC.

Copies 1, 3, 4 and 5 shall be individually folded from top to bottom,


sealed with serially numbered paper seals (CEF No. 12) and placed
inside their corresponding envelopes, which shall likewise be sealed
with serially numbered paper seals.

The USB Key used to back‐up the election return/precinct consolidated


results will be placed inside an envelope, duly sealed, and submitted to
the PBOC.

CBOC in cities 1. For winning candidate for Congressman/Member of House of


compromising one or Representatives:

185
COMELEC Resolution No. 8809 (30 March 2010), Section 29.

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more legislative
districts/ highly 1.1. To the COMELEC in Manila;
urbanized cities 1.2. For posting on the bulletin board of the city hall;
1.3. To kept by the Chairman of the Board;
1.4. To the Regional Election Director;
1.5. To the Secretary‐General of the House of Representatives;
and
1.6. To the winning candidates.

The first copy shall be and placed in the corresponding envelope,


together with a copy of the Statement of Votes by precinct.

The second copy shall be posted on the bulletin board of the city
hall.

2. For Winning Candidates for City Offices

2.1. Secretary of the Sangguniang Panlungsod;


2.2. Chairman, CBOC;
2.3. COMELEC;
2.4. City Treasurer;
2.5. Regional Election Director;
2.6. Each of the winning candidates proclaimed; and
2.7. One copy for posting on the bulletin board of the city hall.

The first five (5) copies shall be separately folded and placed in
their corresponding envelopes.

A copy of the Statement of Votes by precinct shall be attached to


the copies for the Secretary of the Sangguniang Panlungsod,
Chairman of the CBOC, and the COMELEC.

PBOC 1. To the ERSD;


2. To the Chairman of the PBOC;
3. To the Secretary of the Sangguniang Panlalawigan;
4. To the Regional Election Director; and
5. To each of the winning candidates.

The Certificate of Canvass and Proclamation (COCP) shall be


signed and thumbmarked by the chairman and members of the PBOC,
and the watchers, if available.

The PBOC shall also print three (3) copies of the supporting
Statement of Votes by City/Municipal, and shall be attached to copies
(1), (2) and (3) of the Certificate of Canvass and Proclamation. Copies
(1), (2), (3) and (4) shall then be individually folded from top to bottom,
sealed with paper seals such that the certificates cannot be opened
without breaking the seal, and placed inside their respective envelopes
which shall likewise be sealed with paper seals.

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152. 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 official election body, the COMELEC, in addition to its official
count, allegations of "trending," would most certainly be aggravated. As a
consequence, the electoral process would be undermined.

As it stands, the COMELEC "unofficial" quick count would be but a needless


duplication of the NAMFREL "quick" count, an illegal and unnecessary waste of
government funds and effort. 186

153. May independent candidates and other registered parties be entitled to a copy of
the COCs?

Yes. It shall be the duty of the citizens' arm designated by the COMELEC to conduct an
unofficial count to furnish independent candidates copies of the COC at the expense of
the requesting party. 187

The BOC shall also furnish all other registered parties copies of the COC at the expense
of the requesting party. 188

Any of the recipients of the print or digital copies of the COC and the supporting SOVs
may conduct an unofficial consolidation of votes and may announce the result thereof
to the public. 189

154. What is the duty of the BOC in relation to manner of posting the COCs?

a. Immediately after the sixth copy of the COCs and its supporting SOVs are printed,
the BOC Chairman shall announce the posting of said prints on a wall within the
premises of the canvassing center, which must be sufficiently lighted and
accessible to the public. Any person may view or capture an image of the COC or
the supporting SOV by means of any data capturing device such as, but not limited
to, cameras at any time of the day for forty‐eight (48) hours following the posting.

b. After such period, the BOC Chairman shall detach the ER from the wall and keep
the same in his custody to be produced as may be requested by any voter for

186
Sixto S. Brillantes, Jr., et al. v. COMELEC, G.R. No. 163193, 15 June 2004.
187
Republic Act No. 8436 (1997), Section 26, as amended by Republic Act No. 9369 (2007), Section 21.
188
Republic Act No. 8436 (1997), Section 26, as amended by Republic Act No. 9369 (2007), Section 21.
189
Republic Act No. 7166 (1991), Section 28, as amended by Republic Act No. 9369 (2007), Section 39.

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image or data capturing or for any lawful purpose as may be ordered by competent
authority. 190

c. The COMELEC shall also post its digital files in its website for the public to view or
download at any time of the day. The COMELEC shall maintain the files for at least
three years from the date of posting. 191

155. What procedures are to be taken by the Boards after canvassing?

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:

BOC Recipient What

MBOC/CBOC PBOC Copy of COC for:

� President and Vice‐


President,
� Senator,
� Party‐List,
� Member, House of
Representatives,
� Governor, Vice‐Governor
and Sangguniang
Panlalawigan

PBOC, CBOC in Congress sitting as the National Copy of COC for the
cities BOC President and Vice‐
comprising two President; and
or more
legislative
districts, and
DBOC : COMELEC sitting as the
National BOC for Senator and
Party‐List 192

190
Republic Act No. 8436 (1997), Section 26, as amended by Republic Act No. 9369 (2007), Section 21.
191
Republic Act No. 7166 (1991), Section 29, as amended by Republic Act No. 9369 (2007), Section 40.
192
COMELEC Resolution No. 8809 (30 March 2010), Section 30.

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156. 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
padlocks and one serially numbered self‐locking seal. The BOC members shall each
keep a key to the three (3) padlocks. The serial number of every seal used shall be
entered in the Minutes.

The ballot boxes shall be kept in a safe and secured room before, during and after the
canvass. The door to the room shall be locked with three padlocks with the keys
thereof kept by each member of the Board.

The watchers shall have the right to guard the room. 193

157. In addition to offenses already defined under the Omnibus Election Code, what
are the acts considered as election offenses relative to canvassing?

The following shall be guilty of an election offense:

ELECTION OFFENSE

The following acts relative to canvassing shall constitute election offense 194:

� Removing the COC posted on the wall, whether within or after the
prescribed forty‐eight (48) hours of posting
� Defaces the COC in any manner
� Simulating an actual or copies (print or digital) of COC or SOV
� Simulating the certification of a COC or SOV
� Removing the COC or its supporting SOV from the wall for any purpose
other than immediately transferring them to a more suitable place
� Signing or authenticating a print of the COC or its supporting SOV outside
of the polling place
� Signing or authenticating a print which bears an image different from the
COC or SOV produced after counting and posted on the wall
� Tampering, increasing, or decreasing the votes received by a candidate
� Refusing, after proper verification and hearing, to credit the correct votes
or deduct such tampered votes
Note: Large scale or substantial tampering, increase or decrease of votes or the
refusal to credit the correct votes and/or to deduct tampered votes shall be
considered a SPECIAL election offense to be known as electoral sabotage
and the penalty to be imposed shall be life imprisonment.

193
COMELEC Resolution No. 8809 (30 March 2010), Section 31.
194
COMELEC Resolution No. 8809 (30 March 2010), Section 32.

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158. What is the manner of authenticating Electronically Transmitted Election
Results?

COMELEC shall authenticate the COCs on a showing that:

a. Each COC was executed, signed and thumbmarked by the BOC chairman and
members and transmitted or caused to be transmitted by them;
b. Each COC contains the names of all of the candidates for President and Vice‐
President or senator, as the case may be, and their corresponding votes in
words and in figures;
c. There exists no discrepancy in other authentic copies of the COC or in any of its
supporting documents such as the SOV by city/municipality by precinct or
discrepancy in the votes of any candidate in words and figures in the
certificate; 195 and
d. There exists no discrepancy in the votes of any candidate in words and figures
in the COCs against the aggregate number of votes appearing in the ERs of
precincts covered by the COCs: Provided, That certified print copies of ERs or
COCs may be used for the purpose of verifying the existence of the
discrepancy. 196
e. The process of authentication may be supplemented, where applicable, by
appropriate authentication and certification procedures for electronic data,
electronic documents and electronic signatures as provided in Republic Act No.
8792, or the Electronic Commerce Act, 197 as well as the rules promulgated by

195
Aquilino L. Pimentel III v. COMELEC, et al., G.R. No. 178413, 13 March 2008.
196
Republic Act No. 7166 (1991), Section 30, as amended by Republic Act No. 9369 (2007), Section 30; See also Aquilino L. Pimentel III v.
COMELEC, et al. , G.R. No. 178413, 13 March 2008.
197
Republic Act No. 8792 (2000), Section 11 states:

“Section 11. Authentication of Electronic Data Messages and Electronic Documents.‐ Until the Supreme Court by appropriate rules shall
have so provided, electronic documents, electronic data messages and electronic signatures, shall be authenticated by
demonstrating, substantiating and validating a claimed identity of a user, device, or another entity is an information or
communication system, among other ways, as follows;

(a) The electronic signatures shall be authenticated by proof than a letter , character, number or other symbol in electronic form
representing the persons named in and attached to or logically associated with an electronic data message, electronic document, or
that the appropriate methodology or security procedures, when applicable, were employed or adopted by such person, with the
intention of authenticating or approving in an electronic data message or electronic document;

(b) The electronic data message or electronic document shall be authenticated by proof that an appropriate security procedure, when
applicable was adopted and employed for the purpose of verifying the originator of an electronic data message or electronic
document, or detecting error or alteration in the communication, content or storage of an electronic document or electronic data
message from a specific point, which, using algorithms or codes, identifying words or numbers, encryptions, answers back or
acknowledgement procedures, or similar security devices.

The Supreme Court may adopt such other authentication procedures, including the use of electronic notarization systems as
necessary and advisable, as well as the certificate of authentication on printed or hard copies of the electronic documents or
electronic data messages by electronic notaries, service providers and other duly recognized or appointed certification authorities.

The person seeking to introduce an electronic data message or electronic document in any legal proceeding has the burden of
proving its authenticity by evidence capable of supporting a finding that the electronic data message or electronic document is what
the person claims it to be.

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the Supreme Court pursuant thereto, or A.M. NO. 01‐7‐01‐SC.‐ Re: Rules On
Electronic Evidence. 198

E. Remedies

159. What issues may be raised during the consolidation/canvass?

Issues affecting the composition or proceedings of the Boards may be initiated by


filing a verified petition before the BOC or directly with the COMELEC.

If the petition is filed directly with the Board, its decision may be appealed to the
COMELEC within three (3) days from issuance thereof. However, if commenced
directly with the COMELEC, the verified petition shall be filed immediately when the
board begins to act illegally, or at the time of the appointment of the member of the
board whose capacity to sit as such is objected to. 199

160. What issues may no longer be raised during the consolidation/canvass?

There shall be no pre‐proclamation cases on issues/controversies relating to the


generation/printing, transmission, receipt and custody and appreciation of ERs or the
COCs.

In the absence of evidence to the contrary, the integrity of the information and communication system in which an electronic data
message or electronic document is recorded or stored may be established in any legal proceeding –

a.) By evidence that at all material times the information and communication system or other similar device was operating in a manner
that did not affect the integrity of the electronic data message or electronic document, and there are no other reasonable grounds to
doubt the integrity of the information and communication system,

b.) By showing that the electronic data message or electronic document was recorded or stored by a party to the proceedings who is
adverse in interest to the party using it; or

c.) By showing that the electronic data message or electronic document was recorded or stored in the usual and ordinary course of
business by a person who is not a party to the proceedings and who did not act under the control of the party using the record.
198
Republic Act No. 8436 (1997), Section 30, as amended by Republic Act No. 9369 (2007), Section 25; A.M. NO. 01‐7‐01‐SC, Rule 5, Sec.
2 states:

“SEC. 2. Manner of authentication. – Before any private electronic document offered as authentic is received in evidence, its
authenticity must be proved by any of the following means:

(a) by evidence that it had been digitally signed by the person purported to have signed the same;
(b) by evidence that other appropriate security procedures or devices as may be authorized by the Supreme Court or by law for
authentication of electronic documents were applied to the document; or
(c) by other evidence showing its integrity and reliability to the satisfaction of the judge.
199
COMELEC Resolution No. 8809 (30 March 2010), Section 24.

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161. 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. 200

162. What if any COC or supporting SOV by city/ municipality or by precinct bears
erasures or alterations?

When it appears that any COC or supporting SOV by city/ municipality or by precinct
bears erasures or alterations, which may cast doubt as to the veracity of the number of
votes stated herein and may affect the result of the election, upon request of the
presidential, vice‐presidential or senatorial candidate concerned or his party, Congress
or COMELEC en banc, as the case may be, shall, for the sole purpose of verifying the
actual number of votes cast for President and Vice‐President or senator, count the
votes as they appear in the copies of the ERs submitted to it. 201

163. Do formal defects alone on the ERs in their preparation and delivery for
canvassing justify their exclusion?

No. While formal defects may involve a violation of the rules governing the preparation
and delivery of ERs for canvassing, they do not necessarily affect the authenticity and
genuineness of the subject ERs as to warrant their exclusion from the canvassing. 202

As long as the ERs which on their face appear regular and wanting of any physical signs
of tampering, alteration or other similar vice, such ERs cannot just be unjustifiably
excluded. 203

164. What are considered formal defects?

Formal defects include:

a. failure to close the entries with the signatures of the election inspectors
b. lack of inner and outer paper seals
c. canvassing by the BOC of copies not intended for it
d. lack of time and date of receipt by the BOC of Ers

200
Republic Act No. 7166 (1991), Section 30, as amended by Republic Act No. 9369 (2007), Section 37.
201
Republic Act No. 7166 (1991), Section 30, as amended by Republic Act No. 9369 (2007), Section 37.
202
Ocampo v. COMELEC, G.R. No. 137470, 15 February 2000.
203
Ocampo v. COMELEC, G.R. No. 137470, 15 February 2000.

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e. lack of signatures of petitioners' watchers; and lack of authority of the person
receiving the ERs.

165. Is there an exception to the rule that ERs which on their face appear regular and
wanting of any physical signs of tampering, alteration or other similar vice cannot
just be unjustifiably excluded?

Yes. If the COMELEC, in the exercise of its duties under the Election Code, can require
BOCs to consider only genuine and authentic, not falsified, ERs, it can logically require
such BOCs to exclude from the canvass ERs that were actually the product of coercion,
even if they be clean in their face. An ER prepared at the point of a gun is no ER at all; it
is not one notch above a falsified or spurious ER. 204

166. When is a manual counting of votes warranted?

RANDOM MANUAL AUDIT


Where the AES is used, there shall be a random manual audit in one
precinct per congressional district randomly chosen by the COMELEC in
each province and city. Any difference between the automated and
manual count will result in the determination of root cause and initiate a
manual count for those precincts affected by the computer or procedural
error. 205

167. Are there other instances where a manual count may be resorted to?

Yes. The COMELEC is not precluded from conducting a manual count when the
automated counting system fails. For example, where the error in counting is not
machine related or where a manual count is reasonable, as it was the only way to count
the decisive local votes. 206 The Constitution gives the COMELEC the broad power "to
enforce and administer all laws and regulations relative to the conduct of an election,
plebiscite, initiative, referendum and recall." 207

In another instance, where the counting machine assigned to the municipality a did not
reflect the true results of the voting, i.e. the votes were not reflected in the printout of

204
Rufino S. Antonio, Jr. v. COMELEC, G.R. No. L‐31604, April 1970; See also Pacis v. Comelec, G.R. No. L‐29026, 28 September 1968.
205
Republic Act No. 8436 (1997), Section 29, as amended by Republic Act No. 9369 (2007), Section 24.
206
Maruhom v. COMELEC, et al., G.R. No. 139357, 5 May 2000.
207
The 1987 Philippine Constitution, Article IX (C), Section 2(1).

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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 count of the votes was allowed. 208

168. When is there a failure of election?

FAILURE OF ELECTION
A failure of election may be declared in the following
instances:

� If on account of force majeure, terrorism, fraud, or


other analogous causes, the election in any polling
place has not been held on the date fixed, or had been
suspended before the hour fixed by law for the closing
of the voting, or
� After the voting and during the preparation and the
transmission of the ERs or in the custody or canvass
thereof, such election results in a failure to elect, and
� Any of such cases the failure or suspension of election
would affect the result of the election. 209

169. What does not constitute failure of elections?

The existence of factors such as lack of notice of the date and time of canvass; fraud,
violence, terrorism and analogous causes; disenfranchisement of voters; presence of
flying voters; and unqualified BEI members do not necessarily constitute a failure of
election. These grounds are proper only in an election contest but not in a petition to
declare a failure of election and to nullify a proclamation.

COMELEC can call for the holding or continuation of election by reason of failure of
election only when the election is not held, is suspended or results in a failure to elect.
The latter phrase, in turn, must be understood in its literal sense, which is "nobody was
elected." 210

208
Loong v. COMELEC, G.R. No. 133676, 14 April 1999.
209
Batas Pambansa Blg. 881 (1985), Section 6.
210
Borja v. COMELEC, G.R. No. 120140, 21 August 1996.

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170. What may be done in instances where there is a failure of election?

An interested party may file a verified petition. After due notice and hearing,
COMELEC may call for the holding or continuation of the election, not held, suspended
or which resulted in a failure to elect but not later than thirty (30) days after the
cessation of the cause of such postponement or suspension of the election or failure to
elect. 211

171. Who has the power to declare a failure of election?

The COMELEC sitting en banc, by a majority vote of its members, may decide the
declaration of failure of election and the calling of special election. 212

172. What are the jurisdictional facts that must be alleged in a petition for declaration
of failure of election?

Before the COMELEC can act on a verified petition seeking to declare a failure of
election two conditions must concur, namely:

a. no voting took place in the precinct or precincts on the date fixed by law, or even if
there was voting, the election resulted in a failure to elect; and

b. the votes not cast would have affected the result of the election.

Note that the cause of such failure of election could only be any of the following: force
majeure, violence, terrorism, fraud or other analogous causes. 213

173. What is the consequence of a declaration of failure of election?

The COMELEC sitting en banc may call a special election. 214

174. What can an interested party do to contest ERs and matters relating to the
preparation, transmission, receipt, custody and appreciation of the ERs, and the
COCs?

Questions affecting the preparation, transmission, receipt, custody and appreciation


of the ERs, and the COCs shall be brought in the first instance before the BOC only 215,
in accordance to the following procedure 216:

211
Batas Pambansa Blg. 881 (1985), Section 6.
212
Batas Pambansa Blg. 881 (1985), Section 6; Republic Act No. 7166 (1991), Section 4.
213
Banaga v. COMELEC, GR No. 134696, July 31, 2000.
214
Republic Act No. 7166 (1991), Section 4.
215
Republic Act No. 7166 (1991), Section 17; See also Aquilino L. Pimentel III v. COMELEC, et al., G.R. No. 178413, 13 March 2008.
216
Republic Act No. 7166 (1991), Section 20.

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a. Any candidate, political party or coalition of political parties contesting the
inclusion or exclusion in the canvass of any ERs on any of the grounds
authorized under Article XX or Sections 234, 235 and 236 of Article XIX of BP
Blg. 881 shall submit their oral objection to the BOC Chairman at the time the
questioned return is presented for inclusion in the canvass. Such objection shall
be recorded in the minutes of the canvass.

b. Upon receipts of any such objection, the BOC shall automatically defer the
canvass of the contested returns and shall proceed to canvass the returns
which are not contested by any party.

c. Simultaneous with the oral objection, the objecting party shall also enter his
objection in the form for written objections to be prescribed by the COMELEC.
Within twenty‐four (24) hours from and after the presentation of such an
objection, the objecting party shall submit the evidence in support of the
objection, which shall be attached to the form for written objections. Within
the same period of twenty‐four (24) hours after presentation of the objection,
any party may file a written and verified opposition to the objection in the form
also to be prescribed by the COMELEC, attaching thereto supporting evidence,
if any. The BOC shall not entertain any objection or opposition unless reduced
to writing in the prescribed forms. The evidence attached to the objection or
opposition, submitted by the parties, shall be immediately and formally
admitted into the records of the BOC by the chairman affixing his signature at
the back of each every page thereof.

d. Upon receipt of the evidence, the BOC shall keep up the contested returns,
consider the written objections thereto and opposition, if any, and summarily
and immediately rules thereon. The BOC shall enter its ruling on the prescribed
form and authenticate the same by the signatures of its members.

e. Any part adversely affected by the ruling of the BOC shall immediately inform
the BOC if he intends to appeal said ruling. The BOC shall enter said
information in the minutes of the canvass, set aside the returns and proceed to
consider the other returns.

f. After all the uncontested returns have been canvassed and the contested
return ruled upon by it, the BOC shall suspend the canvass. Within forty‐eight
(48) hours, therefrom, any party adversely affected by the ruling may file with
the BOC a written and verified notice of appeal; and within an inextendible
period of five (5) days thereafter an appeal may be taken to the COMELEC.

g. Immediately upon receipt of the notice of appeal, the BOC shall make an
appropriate report to the COMELEC, elevating therewith the complete records

AES 2010 HANDBOOK Page 74


and evidence submitted in the canvass, and furnishing the parties with copies
of the report.

h. On the basis of the record and evidence elevate to it by the BOC, the
COMELEC shall decide summarily the appeal within seven (7) days from receipt
of said record and evidence. Any appeal brought before the COMELEC on the
ruling of the BOC, without the accomplished forms and the evidence appended
thereto, shall be summarily dismissed.

i. The decision of the COMELEC shall be executory after the lapse of seven (7)
days from receipts thereof by the losing party.

j. The BOC shall not proclaim any candidate as winner unless authorized by the
COMELEC after the latter has ruled on the object brought to it on appeal by
the losing party. Any proclamation made in violation hereof shall be void ab
initio, unless the contested returns will not adversely affect the results of the
election.

k. Any objection on the ERs before the city or MBOC, or on the municipal COCs
before the PBOC or district BOC in Metro Manila Area, shall be specifically
noticed in the minutes of their respective proceedings." 217

175. What can an interested party do to contest matters affecting the BOC
composition or proceedings?

Questions affecting the composition or proceedings of the BOC may be initiated in the
BOC or directly with the COMELEC. 218

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 a ruling thereon. The COMELEC shall summarily decided the
case within five (5) days from the filing thereof. 219

176. 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

217
Republic Act No. 7166 (1991), Section 15, as amended by Republic Act No. 9369 (2007), Section 38.
218
Republic Act No. 7166 (1991), Section 15, as amended by Republic Act No. 9369 (2007), Section 38.
219
Republic Act No. 7166 (1991), Section 19.

AES 2010 HANDBOOK Page 75


image, shall be guilty of an election offense and shall be penalized in accordance with
the Omnibus Election Code. 220

See also section on Electoral Sabotage.

177. May interested parties bring the question of whether or not there had been
terrorism, vote buying and other irregularities in the election before the BOC or
the COMELEC in a pre‐proclamation case?

No. The powers of the COMELEC are essentially executive and administrative in
nature, and the question of whether or not there had been terrorism, vote buying and
other irregularities, such as in the appreciation of ballots, in the election should be
ventilated in a regular election protest or election contest and not via a pre‐
proclamation case.

The BOC is a ministerial body. It is enjoined by law to canvass all votes on ERs
submitted to it in due form. Its powers are "limited generally to the mechanical or
mathematical function of ascertaining and declaring the apparent result of the election
by adding or compiling the votes cast for each candidate as shown on the face of the
returns before them, and then declaring or certifying the result so ascertained.” 221

Neither Constitution nor statute has granted the COMELEC or the BOCs the power, in
the canvass of ERs, to look beyond the face thereof, once satisfied of their
authenticity. 222

220
Republic Act No. 7166 (1991), Section 30, as amended by Republic Act No. 9369 (2007), Section 37.
221
Abes v. COMELEC, G.R. No. L‐28348, 15 December 1967; See also Sanchez v. COMELEC, G.R. No. L‐78461, 12 August 1987.
222
Abes v. COMELEC, G.R. No. L‐28348, 15 December 1967; See also Sanchez v. COMELEC, G.R. No. L‐78461, 12 August 1987.

AES 2010 HANDBOOK Page 76


X. PRE‐PROCLAMATION CONTROVERSIES

178. What are pre‐proclamation controversies?

Pre‐proclamation controversies refer to any question about the composition and


proceedings of the BOC. 223 After proclamation, the controversy becomes an election
contest.

179. Does a pending pre‐proclamation case suspend proclamation?

A pending pre‐proclamation case only suspends the proclamation of a winning


candidate if he will not be affected by the outcome of the pre‐proclamation case. The
COMELEC may order the proclamation of the winning candidate as long as he will not
be affected by the pending pre‐proclamation case.

180. What issues may be raised in a pre‐proclamation case?

The following shall be proper issues that may be raised in a pre‐proclamation case 224:

a. Illegal composition or proceedings of the BOC (BOC) 225,


b. Illegal proceedings of the BOC 226,
c. The canvassed ER contain discrepancies in the same returns or in other
authentic copies 227
d. When the ER are delayed, lost or destroyed 228
e. The ER were prepared under duress, threats, coercion, or intimidation, or
they are obviously manufactured or not authentic; and
f. When substitute or fraudulent returns in controverted polling places were
canvassed, the results of which materially affected the standing of the
aggrieved candidate or candidates.

223
Batas Pambansa Blg. 881 (1985), Section 241, See also COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 6.
224
COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 3, Section 1, which eliminates the following grounds under Batas
Pambansa Blg. 881 (1985), when the Resolution clearly stated that the basis of the canvass shall be electronically transmitted results,
and not the Printed Election Returns:
a. The canvassed ER are incomplete,
b. The canvassed ER contain material defects,
c. The canvassed ER appears to be tampered with or falsified.
225
Batas Pambansa Blg. 881 (1985), Section 243, COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 3, Section 1.
226
Batas Pambansa Blg. 881 (1985), Section 243, COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 3, Section 1.
227
Batas Pambansa Blg. 881 (1985), Section 243.
228
Batas Pambansa Blg. 881 (1985), Section233.

AES 2010 HANDBOOK Page 77


181. What issues are explicitly prohibited to be raised in a pre‐proclamation case under
the AES?

There shall be no pre‐proclamation cases on issues/controversies relating to the


generation/printing, transmission, receipt and custody and appreciation of ERs or the
COCs. 229

182. May other grounds be subject of a pre‐proclamation case?

No. Under the AES, only the composition and proceedings of the BOC may be raised in
a pre‐proclamation controversy. The scope of pre‐proclamation controversy is limited
to the issues enumerated under the COMELEC’s General Instructions, and under
Sections 233 and 243 of the Omnibus Election Code. The enumeration therein of the
issues that may be raised in a pre‐proclamation controversy is restrictive and
exclusive. 230

183. When is there an illegal composition of the BOC?

There is illegal composition of the BOC when, among other similar circumstances, any
of the members do not possess legal qualifications and appointments. 231 (See BOC
Composition Table)

184. Will the CCS Operator’s qualifications be included in the consideration of an


illegal composition of the BOC?

The information technology capable person required to assist the BOC by Republic Act
No. 9369 shall be included as among those whose lack of qualifications may be
questioned.232

185. When is there an illegal proceeding of the BOC?

There is illegal proceeding of the BOC when the canvassing is a sham or mere
ceremony, the results of which are pre‐determined and manipulated. 233

229
COMELEC Resolution No. 8809 (30 March 2010), Section 24.
230
Ututalum vs. COMELEC, G.R. No. 84843‐44,22 January 1990, citing Bautista vs. COMELEC, G. R. No. 78994, 10 March 1988.
231
COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4.
232
COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 1.
233
COMELEC Resolution No. 8804 (March 22, 2010), Part II, Rule 4, Section 2.

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186. What are considered evidence of an illegal proceeding of the BOC?

Any of the following circumstances indicate an illegal proceeding of the BOC 234:

g. hurried canvassing;
h. terrorism;
i. lack of sufficient notice to the members of the BOC's;
j. Improper venue

187. May challenges against proceedings of the BEI be subject of pre‐proclamation


case?

NO. Pre‐proclamation cases are limited to challenges directed against the BOC, not
the Board of Election Inspectors. 235

188. May a padded voter’s list be subject of a pre‐proclamation case?

No, a padded voters' list is clearly not among the issues that may be raised in a pre‐
proclamation controversy. It is a proper ground for an election protest. 236

189. Who may raise a pre‐proclamation controversy?

A pre‐proclamation controversy may be raised by the candidate or by any registered


political party or coalition of political parties, or by any accredited and participating
party list group. 237

190. What are the rights of political parties and candidates before the BOC in pre‐
proclamation cases?

� The right to be present,


� The right to be represented by counsel during the canvass
of election returns, or certificates of canvass.
� The right to obtain a copy of the SOV per precinct and a
copy of the COC duly authenticated by the BOC.

234
COMELEC Resolution No. 8804 (March 22, 2010). Part II, Rule 4, Section 2.
235
Ututalum vs. COMELEC, G.R. No. 84843‐44, 22 January 1990.
236
Espaldon vs. COMELEC, L‐78987, 25 August 1987.
237
Batas Pambansa Blg. 881 (1985), Section 241, as amended by COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 3, Section
1.

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191. What are the limitations to these rights?

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.

192. How are pre‐proclamation cases initiated?

Pre‐proclamation cases may be initiated in the BOC or directly with the COMELEC,
with a verified petition, clearly stating the specific ground/s for the illegality of the
composition and/or proceedings of the board.238

193. When must a petition for a pre‐proclamation case be filed?

Petitions for a pre‐proclamation case must be filed immediately:

a. For illegal Composition 239:


i. When the unqualified BOC member is appointed prior to canvassing,
upon exercise of his/her powers and duties as a BOC member
ii. When the unqualified BOC member is appointed comes after the
canvassing of the Board, at the time of appointment

b. For illegal proceedings: When the proceedings become illegal 240.

238
COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 3.
239
COMELEC Resolution No. 8804 (22 March, 2010), Part II, Rule 4, Section 4.
240
COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 4.

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194. What are the procedures in initiating and resolving pre‐proclamation cases?
241
If filed directly with the BOC

Petitioner Board of Canvassers (BOC) COMELEC

BOC announces filing


Submit
and grounds raised
Petition

BOC deliberates
on the Petition

BOC issues a
written resolution

Petitioner
notifies BOC
of intent to NO YES BOC informs COMELEC makes
BOC in favor the appropriate
appeal COMELEC
of the
within 3 action
Petition?
days

Petitioner COMELEC clerk


submits BOC forwards the
will docket
Memorandu entire records to
Petition
m on Appeal COMELEC
within 48
hours
COMELEC en banc
renders decision on
appeal

Figure 23: Preproclamation Cases Filed Directly with BOC


241
COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 5 (a).

AES 2010 HANDBOOK Page 81


If filed directly with the COMELEC: 242

Submit COMELEC clerk


Petition will docket
Petition

COMELEC clerk
BOC files an answer sends summons
within 48 hours to BOC

COMELEC en
banc resolves
the Petition
within 5 days

Figure 24: Preproclamation Cases Filed Directly with COMELEC


195. What are the procedures in filing pre‐proclamation cases if the illegality of the
proceedings of the BOC is discovered after the official proclamation of the
supposed results?

Petitioner Board of Canvassers (BOC) COMELEC

Submit COMELEC clerk will

COMELEC clerk sends


BOC files an answer
summons to BOC

COMELEC en banc
resolves the

Figure 25: Procedure if illegality of BOC proceedings is discovered after proclamation


242
COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 5 (b).

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196. Will the receipt by the BOC of the electronically transmitted precinct, municipal,
city, or provincial results, be suspended by the filing of said petition?

NO, in no case shall the receipt by the BOC of the electronically transmitted precinct,
municipal, city, or provincial results, be suspended by the filing of said petition. 243

197. Will the formal proclamation of the official results of the election be suspended
by filing the Notice of Appeal on the BOC?

No, the notice on the BOC shall not suspend the formal proclamation of the official
results of the election, until the final resolution of the appeal. 244

198. Can an affidavit serve as evidence for a pre‐proclamation controversy?

No, mere affidavits cannot be relied on as evidence that will substantiate the
objections. 245

199. Who hears and decides pre‐proclamation cases?

Pre‐proclamation cases are heard and decided by the COMELEC 246. However
candidates in the presidential, vice‐presidential, senatorial and congressional elections
are prohibited from filing pre‐proclamation cases. 247

200. When can candidates in the presidential, vice‐presidential, senatorial and


congressional elections file pre‐proclamation cases?

Pre‐proclamation cases for the presidential, vice‐presidential, senatorial and


congressional elections are allowed in the following circumstances: 248

a. Correction of manifest errors;


b. Questions affecting the composition or proceedings of the BOC; 249 and
c. Determination of the authenticity and due execution of certificates of canvass

243
COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 5 (a) (4).
244
COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 5 (a) (5).
245
Cordero vs. COMELEC, G.R. No. 134826, 6 July 1999.
246
Batas Pambansa Blg. 881 (1985), Section 242.
247
Republic Act No. 7166 (1991), Section 15.
248
Pimentel vs. COMELEC, G.R. No. 178413, 13 March 2008.
249
Republic Act No. 7166 (1991), Section 15, Republic Act No. 7166 (1991), as amended by Republic Act No. 9369 (2007), Section 38.

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201. How is a pre‐proclamation case considered for judgment?

Upon receipt of the evidence, the BOC shall take up the controversy, consider the
written objections and oppositions, and immediately rule on the petition by a majority
vote.

There must be notice and hearing. Then after the hearing, it is also necessary that the
tribunal show substantial evidence to support its ruling 250

202. May the COMELEC rule on the petition without conducting a hearing?

No, the law requires that the hearing be held before the COMELEC rules on the
petition. 251

203. How does the COMELEC consider a case on appeal?

The COMELEC shall decide on the case within 7 days from the receipt of records and
evidence. The decision of the COMELEC shall take effect 7 days after the losing party
receives a copy of the decision.

204. What are the remedies that may be afforded in a pre‐proclamation case?

a. Recount of votes 252


b. Annulment of proclamation, when the BOC failed to issue a timely ruling 253
c. Termination of canvassing and proclaim the candidates elected on the basis of
the available ER if the missing ER will not affect the results of the election, in
case of delayed ER. 254

205. When may a recount of canvasses votes be done?

A clear showing, after a hearing, that ER canvassed: 255

a. appear to have been tampered with, falsified or prepared under duress [Sec.
235]
b. and/or contain discrepancies in the votes credited to any candidate, the
difference of which affects the result of the election [Sec. 236]

250
Sandoval vs. COMELEC, G.R. No. 133842, 26 January 2000; citing Reyes vs. COMELEC, G.R. No. 52699, 15 May 1980.
251
Sandoval vs. COMELEC, G.R. No. 133842, 26 January 2000.
252
Chavez vs. COMELEC, G.R. No. 1055323, 3 July 1992.
253
Sema vs. COMELEC, G.R. No. 134163‐64, 13 December 2000.
254
Batas Pambansa Blg. 881 (1985), Section 233.
255
Chavez vs. COMELEC, G.R. No. 1055323, 3 July 1992; citing Sanchez v. Commission on Elections, G.R. No. L‐78461, 12 August 1987.

AES 2010 HANDBOOK Page 84


206. When will a proclamation be annulled based on a pre‐proclamation controversy?

A proclamation may be annulled when the BOC failed to issue a timely ruling on the
controversy, depriving the complainant opportunity to appeal. 256

207. Could a proclamation of a winning candidate be made while a Motion for


Reconsideration is pending?

Yes, the BOC need not wait for the resolution of a Motion for Reconsideration of a pre‐
proclamation controversy pending before the COMELEC 257

208. May the COMELEC annul the proclamation of a candidate based on new
additional evidence presented in a pre‐proclamation controversy?

No, the COMELEC cannot base the annulment of a proclamation based on new and
additional evidence. To do so deprives the parties and the BOC the opportunity to
refute them 258

256
Sema vs. COMELEC, G.R. No. 134163‐64, 13 December 2000.
257
Chu vs. COMELEC, G.R. No. 135423, 29 November,1999.
258
Velayo vs. COMELEC, G.R. No. 135613,9 March 2000.

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XI. ELECTION PROTEST and QUO WARRANTO

209. Is it still possible to contest the election even after the proclamation?

Yes. There are two (2) remedies available to contest the election after proclamation –
election protest and quo warranto.

210. What is an election protest?

It is a procedure to contest the election or the return of an elective official. 259

211. Who can file an election protest?

Any losing candidate who has duly filed a certificate of candidacy and has been voted
for the same office can file a sworn petition for election protest. 260

The losing candidate who is filing an election protest against an elective regional,
provincial or city official must have received the second or third highest number of
votes, or, in a multi‐slot position, was among the next four candidates following the
last ranked winner proclaimed, as reflected in the official results of the election
contained in the SOV. 261

212. When should the petition for election protest be filed?

Within ten (10) days after the proclamation of the results of the election. 262 However,
the pendency of a pre‐proclamation controversy involving the validity of the
proclamation shall suspend the running of the period to file an election protest. 263

213. Is there a filing fee for an election protest?

Yes. Protestants or counter‐protestants are required to pay a filing fee of Php 10,000.
If there are claims for damages and attorney’s fees, additional filing fees shall be
required in accordance with the schedule provided for in Rule 141 of the Rules of
Court. 264

259
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 6, Section 2.
260
Batas Pambansa Blg. 881 (1985), Section 250, 251 and 252.
261
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 6, Section 2.
262
Batas Pambansa Blg. 881 (1985), Section 250, 251 and 252.
263
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 6, Section 6.
264
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 11, Section 1.

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214. Aside from the filing fees, are there any other filing costs that the protestant
must bear?

Yes. Cash deposit is required when the protest requires (i) recount of ballots or re‐
tabulation of election returns, or (ii) bringing to the COMELEC of copies of other
election documents, printed or electronic, as well as the machines or devices to which
electronic election documents are stored or may be processed.

The amount shall be:

a. One thousand Five Hundred Pesos (Php 1,500.00) for each precinct involved in
the protest or counter‐protest; provided that in no case shall the deposit be
less than Php 25,000, to be paid upon the filing of the election protest/counter‐
protest;

b. If the amount to be deposited does not exceed Php 100,000, the same shall be
paid in full within ten (10) days after the filing of the protest; and
c. If the deposit exceeds Php 100,000, a cash deposit in the amount of Php
100,000 shall be made within ten (10) days after the filing of the protest.

The balance shall be paid in such installments as may be required by the COMELEC
with at least five (5) days advance notice to the party required to make the
deposit.

Key Point for Protestant:


Failure to make the cash deposits required within the
prescribed time limit shall result in the automatic
dismissal of the protest or counter‐protest. 265

265
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 11, Section 2.

AES 2010 HANDBOOK Page 87


Position Jurisdiction Appeal Applicable Procedure

President and Supreme Court en banc 266 ‐ 2005 Rules of the


Vice‐President Presidential Electoral
Tribunal

Senators Senate Electoral Tribunal ‐ Revised Rules of the


(SET) 267 Senate Electoral Tribunal
dated 12 November 2003

Members of the House of Representatives ‐ 1998 Rules of the House


House of Electoral Tribunal (HRET) 268 of Representatives
Representatives Electoral Tribunal, as
amended

Regional, COMELEC 269 ‐ COMELEC Resolution No.


provincial and city 8804 [22 March 2010] and
officials COMELEC Rules of
Procedure dated 15
February 1993

Municipal officials proper Regional Trial Court COMELEC,


(RTC) 270 whose decision
will be final,
executory and
non‐appealable 271

266
The 1987 Philippine Constitution, Article VII, Section 4.
267
The 1987 Philippine Constitution, Article VI, Section 17.
268
The 1987 Philippine Constitution, Article VI, Section 17.
269
The 1987 Philippine Constitution, Article IX(C), Section 2; Batas Pambansa Blg. 881 (1985), Section 249 and 250.
270
Batas Pambansa Blg. 881 (2007), Section 251.
271
The 1987 Philippine Constitution, Article VI, Section 17; Article VII, Section 4; and Article IX(C), Section 2; Republic Act No. 7166
(1991), Section 22.

AES 2010 HANDBOOK Page 88


215. 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 the election protest:

a. That the protestant was a candidate who has duly filed a certificate of
candidacy and was voted upon in the election;
b. That the protestee has been proclaimed in the said election; and
c. That the petition was filed within ten (10) days after the proclamation. 272

216. Is there any protective measure that can be employed to ensure the integrity of
the ballots pending an election protest?

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. 273

217. When will the ballot boxes and election documents be brought to the COMELEC?

Within 48 hours from receipt of the answer with counter‐protest, if any, and whenever
the allegations in a protest or counter‐protest so warrant, the COMELEC shall order
the ballot boxes with their keys, lists of voters with voting records, books of voters, the
electronic data storage devices, and other documents, paraphernalia, or equipments
relative to the precincts involved in the protest or counter‐protest, to be brought
before it. 274

The recount of ballots shall commence on the date specified in the preliminary
conference order. 275

218. Who can file a petition for quo warranto?

Any voter can file a sworn petition for quo warranto. 276

219. When can a petition for quo warranto be filed?

Within ten (10) days after the proclamation of the results of the election. 277

272
San Juan v. Cerilles, HRET Case No. 04‐007, 17 February 2005.
273
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 12, Section 1.
274
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 12, Section 2.
275
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 15, Section 1.
276
Batas Pambansa Blg. 881 (1985), Section 253.

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220. To whom should the quo waranto be filed?

The jurisdiction to hear quo warranto proceedings is vested in different bodies:

Position Jurisdiction Appeal Applicable Procedure

President and Supreme Court en ‐ 2005 Rules of the


Vice‐President banc 278 Presidential Electoral
Tribunal

Senators SET 279 ‐ Revised Rules of the Senate


Electoral Tribunal dated 12
November 2003

Members of the HRET 280 ‐ 1998 Rules of the House of


House of Representatives Electoral
Representatives Tribunal, as amended

Regional, COMELEC 281 ‐ COMELEC Resolution No.


provincial and city 8804 [22 March 2010] and
officials COMELEC Rules of
Procedure dated 15 February
1993

221. Can the courts execute their judgments pending appeal?

Yes. Based on the suppletory applicability of the Rules of Court, the court may, in its
discretion, order execution to issue even before the expiration of the time to appeal,
upon good reasons to be stated in a special order.

The following constitute "good reasons," and a combination of two or more of them
will suffice to grant execution pending appeal: (1) the public interest involved or the
will of the electorate; (2) the shortness of the remaining portion of the term of the
contested office; and (3) the length of time that the election contest has been
pending. 282

277
Batas Pambansa Blg. 881 (1985), Section 253.
278
The 1987 Philippine Constitution, Article VII, Section 4.
279
The 1987 Philippine Constitution, Article VI, Section 17.
280
The 1987 Philippine Constitution, Article VI, Section 17.
281
The 1987 Philippine Constitution, Article IX(C), Section 2; Batas Pambansa Blg. 881 (1985), Section 253.
282
Ramas et. al. v. COMELEC et. al., GR No. 130831 , 10 February 1998.

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222. 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. 283

223. Is there a preference granted to election protests and quo warranto proceedings?

YES. The courts, in their respective cases, shall give preference to election contests
over all other cases, except those of habeas corpus, and shall without delay, hear and,
within thirty (30) days from the date of their submission for decision, but in every case
within six (6) months after filing, decide the same. 284

224. What are the differences between and election protest and a quo warranto
proceeding?

ELECTION CONTEST QUO WARRANTO

Purpose Annul the election of an elected disqualify an elected official on the


candidate on the grounds of frauds ground of ineligibility due to age,
and irregularities in the conduct of citizenship or the COMELEC of acts
election and the counting and enumerated under Section 68 of B.
canvassing of votes P. Blg. 881

Issue Who obtained the highest number Qualification or the lack of it, of the
of legal votes winning candidate,

Who files Candidate who has duly filed a Any registered voter
certificate of candidacy and has
been voted for the same office

Effect on the Protestant may assume office after Protestee may be ousted, the
Prostestee protestee is unseated protestant will not be seated

225. In the case of an election protest, what will happen if the protestant dies after the
filing of the petition?

With the death of the protestant, there is no longer a protestant to speak of. A claim
to a public office is personal to the protestant and, therefore, cannot pass on to his
widow or other heirs. In which case, the petition will be dismissed. 285

283
Batas Pambansa Blg. 881 (1985), Section 248; See also Tan and Burahan v. COMELEC, GR Nos. 166143‐47, 20 November 2006.
284
Batas Pambansa Blg. 881 (1985), Section 258.
285
Abadilla v. Aban, HRET Case No. 95‐005, 11 September 1996; See also Poe v. Macapagal‐Arroyo, P.E.T. Case No. 002, 29 March 2005.

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226. Is the simultaneous prosecution of a pre‐proclamation controversy and an election
protest allowed?

Yes. There is no law or rule prohibiting the simultaneous prosecution or adjudication of


pre‐proclamation controversies and elections protests. Simultaneous prosecution
scenario may be allowed because pre‐proclamation controversies and election
protests differ in terms of the issues involved and the evidence admissible in each case
and the objective each seeks to achieve.
Moreover, under certain circumstances, the Supreme Court even encourages the
reinforcement of a pre‐proclamation suit with an election protest. When it becomes
apparent that a pre‐proclamation suit is inadequate, that election irregularities may be
fully ventilated and properly adjudicated by the competent tribunal. 286

227. How about the quo warranto and election protest? May they be simultaneously
heard?

Yes. The proper tribunal/court’s jurisdiction over a quo warranto proceeding and a
protest proper can be exercised jointly and in the same proceeding. 287

228. Who has the burden of proof in an election protest?

It is protestant who had the burden of proof to show that the results of election are
false and erroneous. 288

229. What must be proven in an election protest and how must it be proved?

The issue in an election protest is who obtained the highest number of legal votes.
Then, the protestant must show that he actually obtained the highest number of valid
votes.

To prove this, one may: a) show miscounting and/or misappreciation of votes in a


process called revision of ballots, wherein the ballot boxes are opened and their
contents, especially the ballots, re‐counted and re‐examined; and b) proving that
certain votes of a 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. 289

286
Tan and Burahan v. COMELEC, G.R. Nos. 166143‐47, 20 November 2006.
287
Loyola v. Dragon, HRET Case No. 92‐026, 31 January 1994.
288
Batuhan v. Cuenco, HRET Case No. 01‐032,22 January 2004.
289
Loyola v. Dragon, HRET Case No. 92‐026, 31 January 1994.

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230. How should the evidence be presented before the COMELEC?

The reception of evidence on all matters of issues raised in the protest and counter‐
protest shall be presented and offered in a hearing upon completion of (a) the recount
of ballots, or re‐tabulation of election documents, or (b) the technical examination, if
warranted.

Reception of evidence shall be made in accordance with the following order of hearing:

a. The protestant shall present evidence in support of the protest;


b. The protestee shall then adduce evidence in support of the defense, counterclaim
or counter‐protest, if any;
c. The parties may then respectively offer rebutting evidence only, unless the
COMELEC for good reasons, in the furtherance of justice, permits them to offer
evidence upon their original case, and
d. No sur‐rebuttal evidence shall be allowed. 290

231. What is the best evidence by which the protestant can prove that the results of
the election were erroneous?

In an election contest where what is involved is the correctness of the number of votes
of each candidate, the best and most conclusive evidence are the ballots themselves.
But where the ballots cannot be produced, were tampered or are not available, the ER
would be the best evidence. 291

While the ballots are the best evidence of the manner in which the electors have voted,
they are the best evidence only when their integrity can be satisfactorily established.
One who relies, therefore, upon overcoming the prima facie correctness of the official
canvass by a resort to the ballots must first show that the ballots are intact and
genuine. Once this is shown, the burden of proof shifts to the protestee of establishing
that the ballots have in fact been tampered with, or that they have been exposed
under such circumstances that a violation of them might have taken place. 292

232. How will electronic evidence be treated?

An electronic document or data shall be regarded as the equivalent of an original


document under the Best Evidence Rule if it is a printout or output readable by sight or
other means, shown to reflect the data accurately. 293

290
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 18, Section 1.
291
Lerias v. HRET, GR No. 97105, 15 October 1991.
292
Rosal v. COMELEC, GR No. 168253 & 172741, 16 March 2007.
293
COMELEC Resolution No. 8804 (22 March 2010), Part IV, Rule 21, Section 1.

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233. How will electronic evidence be authenticated?

The person seeking to introduce an electronic document in an election protest has the
burden of proving its authenticity. 294

Manner of proving authenticity of electronic document or data


presented as evidence:

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 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.

234. Can the petitioner claim damages in an election protest or quo warranto
proceeding?

Yes. The petitioner may be granted actual or compensatory damages. 295 The propriety
of the award of damages in favor of the protestant as against the protestee hinges on
whether or not, protestee committed an actionable wrong which could serve as basis
for the award. The mere fact that a protestant (or a plaintiff, for that matter) wins in an
adversarial proceeding does not automatically result in an award for damages against
the protestee (or defendant).

Conversely, if the protestant had lost in the protest, it also does not automatically
result in damages in favor of the protestee, otherwise, it will discourage parties from
seeking redress of grievances. Therefore, the prevailing party to be entitled to
damages involves an independent determination based on the facts and the law on
damages. 296

235. Are there any legal presumptions in appreciating the ballots and ER as evidence?

Yes. In the absence of evidence to the contrary, it is presumed that every election has
been conducted fairly, honestly and regularly; and the election inspectors, who
performed their duties under oath, are presumed to have discharged them faithfully,
to have appreciated the ballots correctly; and to have counted the votes accurately.

294
COMELEC Resolution No. 8804 (22 March 2010), Part IV, Rule 22, Section 1 and Section 2.
295
Batas Pambansa Blg. 881 (1985), Section 259.
296
Randa v. Libardos, EAC No. 210‐94, 24 August 1995; See also Malaluan v. COMELEC, GR No. 120193, 6 March 1996.

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Therefore, the tally boards and ER 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 ER are inaccurate or
false. 297

The following presumptions are considered as facts, unless contradicted or overcome by other
evidence:

a) On the election procedure:

� The election of candidates was held on the date and time set and in the polling place
determined by the COMELEC;
� The BEIs were duly constituted and organized;
� Political parties and candidates were duly represented by poll watchers;
� Poll watchers were able to perform their function; and
� The Minutes of Voting and Counting contains all the incidents that transpired before the
Board of Election Inspectors.
b.) On election paraphernalia:

� Ballots and election returns that hear the security markings and features prescribed by the
COMELEC are genuine;
� The data and information supplied by BEI members in the accountable forms are true and
correct; and
� The allocation, packing and distribution of election documents or paraphernalia were
properly and timely done.
c.) On appreciation of ballots:

� A ballot with appropriate security markings is valid;


� The ballot reflects the intent of the voter;
� The ballot is properly accomplished;
� A voter personally prepared one ballot, except in the case of assistors; and
� The exercise of one’s right to vote was voluntary and free.

297
Batuhan v. Cuenco, HRET Case No. 01‐032, 22 January 2004.

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IX. ELECTION OFFENSES
236. What are considered election offenses?

See Annex 1 for the list of election offenses that may be committed by (i) a voter; (ii) BEI
member ; (iii) any person in all three stages — before the voting (pre‐election), election
(during the voting), and after the voting (post‐election).

237. Who are liable for election offenses under the Omnibus Election Code?

The principals, accomplices, and accessories, as defined in the Revised Penal Code, shall be
criminally liable for election offenses.

If the one responsible is a political party or an entity, the president or head, the officials
and employees of the same who performed duties connected with the offense committed
and its members who may be principals, accomplices, or accessories shall be liable, in
addition to the liability of such party or entity. 298

238. What are the exemptions to the prohibition on selling, furnishing, offering,
buying, serving or taking intoxicating liquor on the days fixed by law for the registration
of voters in the polling place, or on the day before the election or on election day? 299

Hotels and other establishments duly certified by the Ministry of Tourism as tourist‐
oriented and habitually in the business of catering to foreign tourists may be exempted for
justifiable reasons upon prior authority of the COMELEC. Foreign tourists taking
intoxicating liquor in said authorized hotels or establishments are exempted.

239. What are the consequences of double registration of a voter?

A registered voter registering anew without filing an application for cancellation of his
previous registration is guilty of an election offense. 300 The first registration of any voter
subsists but any subsequent registration thereto is void ab initio. 301 The mere act of
requesting for cancellation is insufficient, the COMELEC must first act on the request for
cancellation. 302

240. What is the additional penalty to the election offense of refusal to carry election
mail matter?

Such refusal shall constitute a ground for cancellation or revocation of certificate of public
convenience or franchise.

298
Batas Pambansa Blg. 881 (1985), Section 263.
299
Batas Pambansa Blg. 881 (1985), Section 261 (dd) (1).
300
Batas Pambansa Blg. 881 (1985), Section 261 (y) (5).
301
Maruhom v. Comelec, G.R. No. 179430, 27 July 2009 citing Comelec Minute Resolution No. 00‐1513.
302
Maruhom v. Comelec, G.R. No. 179430, 27 July 2009 citing Comelec Minute Resolution No. 00‐1513.

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241. What is the additional penalty to the election offense of discrimination in the
sale of air time?

Such refusal shall constitute a ground for cancellation or revocation of the franchise.

242. What is the procedure for the investigation of Vote‐Buying and Vote‐Selling?

A complaint for vote‐buying and vote‐selling must be presented. The complaint must be
supported by affidavits of complaining witnesses attesting to the offer or promise by or of
the voter’s acceptance of money or other consideration from the relatives, leaders or
sympathizers of a candidate. The COMELEC will then immediately conduct an
investigation, directly or through its duly authorized legal officers. 303

243. Who are liable for the offense of Vote‐Buying and Vote‐Selling?

The giver, offeror, and promisor as well as the solicitor, acceptor, recipient and conspirator
shall be liable as principals.

Any person, otherwise guilty under said paragraphs who voluntarily gives information and
willingly testifies on any violation thereof in any official investigation or proceeding shall
be exempt from prosecution and punishment for the offenses with reference to which his
information and testimony were given: Provided, further, That nothing herein shall exempt
such person from criminal prosecution for perjury or false testimony.

244. Will the presence of the form or name in the book of voters or certified
list of voters in other precincts justify the failure to include the approved application
form for registration of a qualified voter in the book of voters of a particular precinct
that prevents the voter from casting his votes as an election offense? Will the presence
of the form or name in the book of voters or certified list of voters in other precincts
justify the omission of the name of a duly registered voter in the certified list of voters of
the precinct where he is dulyregistered resulting in his failure to cast his vote during an
election, plebiscite, referendum, initiative and/or recall? 304

No to both. The presence of the form or name in the book of voters or certified list of
voters in precincts other than where he is duly registered shall not be used as an excuse for
the election offenses mentioned.

245. When is there a disputable presumption of conspiracy in Vote‐Buying and Vote‐


Selling?

Proof that at least one voter in different precincts representing at least twenty percent
(20%) of the total precincts in any municipality, city or province has been offered,
promised or given money, valuable consideration or other expenditure by a candidate’s

303
Batas Pambansa Blg. 881 (1985), Section 68 or Section 265.
304
Republic Act No. 8189 (1996), Section 45 (h).

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relatives, leaders and/or sympathizers for the purpose of promoting the election of such
candidate, shall constitute a disputable presumption of a conspiracy. 305

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.

246. Is there such a thing as the election offense of premature campaigning?

No, a candidate is liable for an election offense only for acts done during the campaign
period, not before. Any election offense that may be committed by a candidate under any
election law cannot be committed before the start of the campaign period. 306

247. When are election offenses considered as electoral sabotage?

Electoral Sabotage
The following acts shall constitute electoral sabotage 307:

� In the national elective post: tampering, increasing and/or decreasing of


votes or refusing to credit the correct votes or to deduct tampered votes,
and the results of the election to said national office shall be adversely
affected

� In other elective posts: tampering, increasing and/or decreasing of votes


or refusing to credit the correct votes or to deduct tampered votes,
accomplished in a single election document or in the transposition of the
figures/results from one election document to another and involved in the
said tampering increase and/or decrease or refusal to credit correct votes
or deduct tampered votes exceed five thousand (5,000) votes, and that
the same adversely affects the true results of the election

� Any and all other forms or tampering increase/s and/or decrease/s of votes
perpetuated or in cases of refusal to credit the correct votes or deduct the
tampered votes, where the total votes involved exceed ten thousand
(10,000) votes.

305
Batas Pambansa Blg. 881 (1985), Section 261 (b).
306
Penera v. COMELEC, G.R. No. 181613, 25 November 2009; See also Republic Act No. 8436, Section 15, as amended by Republic Act
No. 9369 (2007), Section 13.
307
COMELEC Resolution No. 8809 (30 March 2010), Section 32.

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248. What acts are not considered election offenses?

a. Denial of the Right to be Present and to Counsel During the Canvass; 308
b. Entry of the Canvassing Room by security or armed personnel; 309
c. Filling a vacancy for councilor during the election ban; 310 and
d. Premature campaigning. 311

249. Are the acts considered unlawful by pertinent election laws also necessarily
considered election offenses?

Not necessarily, often times the liability is administrative only. Under Section 2, Article IX‐
C of the Constitution, the COMELEC may recommend to the President the imposition of
disciplinary action on any officer or employee the COMELEC has deputized for violation of
its directive, order or decision. Also, under the Revised Administrative Code, the
COMELEC may recommend to the proper authority the suspension or removal of any
government official or employee found guilty of violation of election laws or failure to
comply with COMELEC orders or rulings. 312

250. Must the deadly weapon be seized from the accused while inside a percent or
within 100 meters thereof to sustain a conviction for illegally carrying a deadly weapon
inside a precinct?

No, it is enough that he carried the deadly weapon “in the polling place or within 100
meters thereof” during any of the specified period to sustain a conviction for illegally
carrying a deadly weapon inside a precinct. 313

251. What are the elements of the election offense “transfer or detail of officers and
employees in the civil service”?

a. The fact of transfer or detail of a public officer or employee within the election
period as fixed by the COMELEC; and
b. The transfer or detail was done without prior approval of the COMELEC in
accordance with its implementing rules and regulations.

308
Malinias v. COMELEC, G.R. No. 146943, 4 October 2002 in relation to Republic Act No. 6646, Section 25.
309
Malinias v. COMELEC, G.R. No. 146943, 4 October 2002 in relation to Batas Pambansa Blg. 881, (1985), Section 232.
310
Ong v. Herrera‐Martinez, G.R. No. 87743, 21 August 1990,“The permanent vacancy for councilor exists and its filling up is governed by
the Local Government Code while the appointment referred to in the election ban provision is covered by the Civil Service Law.”
311
Penera v. COMELEC, G.R. No. 181613, 25 November 2009; See also Republic Act No. 8436 (1997), Section 15, as amended by Republic
Act No. 9369 (2007), Section 13.
312
Malinias v. COMELEC, G.R. No. 146943, 4 October 2002.
313
Mappalal v. Nunez, A.M. No. RTJ‐94‐1208, 26 January 1995.

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252. Where should complaints on election offenses be filed?

The complaint shall be filed with the Law Department of the COMELEC; or with the offices
of the Election Registrars, Provincial Election Supervisors or Regional Election Directors, or
the State Prosecutor, Provincial Fiscal or City Fiscal. If filed with any of the latter three (3)
officials, investigation thereof may be delegated to any of their assistants. 314

253. What body has jurisdiction over election offenses?

The Regional Trial Court has jurisdiction even if the offense carries with it a penalty not
exceeding six (6) years. 315

254. Who has the exclusive power to conduct preliminary investigations of election
offenses?

The COMELEC used to have the exclusive power to conduct preliminary investigations of
election offenses. 316

However, the COMELEC shall, through its duly authorized legal officers, have the power,
concurrent with the other prosecuting arms of the government, to conduct preliminary
investigation of all election offenses punishable under this Code, and prosecute the
same. 317 Republic Act No. 9369 Section 43 seems to overturn earlier jurisprudence.

314
COMELEC Rules of Procedure, Rule VI, Section 1; See also Corpus v. Tanodbayan, G.R. No. L‐62075, 15 April 1987, Kilosbayan v.
COMELEC, G.R. No. 128054, 16 October 1997.
315
COMELEC v. Noynay, G.R. No. 132365, 9 July 1998.
316
People v. Inting, G.R. No. 88919, 25 July 1990.
317
Batas Pambansa Blg. 881 (1985), Section 265, as amended by Republic Act No. 9369 (2007) Section 43.

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Annex 1: ELECTION OFFENSES

Annex 1: ELECTION OFFENSES


By a Voter

Pre‐Election Offenses Election Offenses

� Deadly weapons (in the polling place or a radius of 100 meter


� Making any false or untruthful statement regarding any of the
thereof); v
data or information required in the application for registration; i
� Voting more than once in the same election, or who, not
� Registering anew without filing an application for cancellation
being a registered voter, votes in an election; vi
of his previous registration; ii
� Voting in substitution for another whether with or without
� Registering in substitution for another whether with or without
the latter's knowledge and/or consent; vii
the latter's knowledge or consent; iii
� Allowing his ballot to be prepared by another person, when
� Delivering, handing over, entrusting or giving, directly or
one is not illiterate nor physically disabled,; viii
indirectly, his voter’s identification card to another in
consideration of money or other benefit of promise; or take or � Using a ballot in the course of voting other than the one
accept such voter’s identification card, directly or indirectly, by given by the board of election inspectors; ix
giving or causing the giving of money or other benefit or
� Possessing more than one official ballot; x
making or causing the making of a promise therefore; iv
� Deliberately blurring his fingerprint in the voting record; xi
Annex 1: ELECTION OFFENSES

By a BEI Member
Pre‐Election Offenses Election Offenses Post‐Election Offenses

� Approving any application which on its


� Any member of the board of election � The chairman or any member of the board of
inspectors charged with the duty of reading election inspectors who, during the prescribe
face shows that the applicant does not
the ballot during the counting of votes who period of posting, removes the election return
possess all the qualifications prescribed by
deliberately omits to read the vote duly from the wall on which it had been posted other
law for a voter; or who disapproves any
written on the ballot, or misreads the vote than for the purpose of immediately transferring
application which on its face shows that
actually written thereon or reads the name of a it to a more suitable place; xxii
the applicant possesses all such
xii candidate where no name is written on the
qualifications; xv � The chairman or any member of the board of
ballot;
election inspectors who signs or authenticates a
� Accepting an appointment to the board of
� Any member of the board of election print of the election return outside of the polling
election inspectors or the board of xxiii
inspectors charged with the duty of tallying place;
canvassers, assuming office, and actually
the votes in the tally board or sheet, ER or
serving as a member thereof by any person � The chairman or any member of the board of
xiii other prescribed form who deliberately fails to
who, being ineligible for appointment; election inspectors who signs or authenticates a
record a vote therein or records erroneously
� Refusing to sign certify any election form the votes as read, or records a vote where no print which bears an image different from the
required by this Code or prescribed by the such vote has been read by the chairman; xvi election return produced after counting and
xxiv
COMELEC although he was present during posted on the wall;
xiv � Any member of a board of election inspectors
the meeting of the said body; � Failure to properly distribute the copies of ER ; xxv
who has made possible the casting of more
xvii
votes than there are registered voters; � Failure to count the votes in public and without
� Deliberately absenting himself from the interruption; xxvi
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
xviii
canvassers;
� Tampering, increasing or decreasing the votes
received by a candidate in any election
(election sabotage); xix
� Refusing, after proper verification and hearing,
to credit the correct votes or deduct such
tampered votes by any member of the board
xx
of election inspectors or board of canvassers;
� Refusing to issue to duly accredited watchers
the certificate of votes provided in Section 16
of Republic Act No. 6466 by any member of
Annex 1: ELECTION OFFENSES

Pre‐Election Offenses Election Offenses Post‐Election Offenses


the board of election inspectors or board of
canvassers; xxi
Annex 1: 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
a member thereof by any person who, being ineligible for chairman of the board of canvassers; xxviii
appointment; xxvii
� Proceeding with the canvass of the votes and/or proclamation of any
candidate which was suspended or annulled by the COMELEC , by any
xxix
member of the board of canvassers;
� Proceeding with the canvass of votes and/or proclamation of any candidate
in the absence of quorum, or without giving due notice of the date, time and
place of the meeting of the board to the candidates, political parties, and/or
other members of the board, by any member of the board of canvassers; xxx
� Using in the canvass of votes and/or proclamation of any candidate any
document other than the official copy of the ER , without authority of the
COMELEC , by any member of the board of canvassers; xxxi
� Deliberately absenting himself from the meetings of said body for the
purpose of obstructing or delaying the performance of its duties or functions,
by any member of the boards of election inspectors and boards of
canvassers; xxxii
� Refusing to sign certify any election form required by this Code or prescribed
by the COMELEC although he was present during the meeting of the said
body; xxxiii
� Tampering, increasing or decreasing the votes received by a candidate in any
election (election sabotage); xxxiv
� Refusing, after proper verification and hearing, to credit the correct votes or
deduct such tampered votes by any member of the board of election
inspectors or board of canvassers; xxxv
� Failing to comply with the manner of counting votes; xxxvi
Annex 1: ELECTION OFFENSES

By a Public Officer
Pre‐Election Offenses Election Offenses Post‐Election Offenses

� Appointment of new employees, creation of � Changing or causing the change of the � Relieving any member of any board of election
new position, promotion, or giving salary assignments of any member of any board of election inspectors or board of canvassers, without
xxxvii
increases; inspectors or board of canvassers, without authority of authority of the COMELEC by any public official
l
� Transfer of officers and employees in the civil the COMELEC by any public official or person acting in or person acting in his behalf;
xlix
xxxviii his behalf;
service; � Changing or causing the change of the
� Intervention of public officers and assignments of any member of any board of
employees; xxxix election inspectors or board of canvassers,
xl
without authority of the COMELEC by any public
� Use of Undue influence; li
official or person acting in his behalf;
� Relieving any member of any board of � Failing to give notice of meetings to other members
election inspectors or board of canvassers, of the board, candidate or political party as
without authority of the COMELEC by any required under Section 23 of Republic Act No. 6466
xli
public official or person acting in his behalf; by the chairman of the board of canvassers; lii
� Changing or causing the change of the
assignments of any member of any board of
election inspectors or board of canvassers,
without authority of the COMELEC by any
xlii
public official or person acting in his behalf;
� Appointment or use of special policemen,
special agents, confidential agents of the
xliii
like;
� Illegal release of prisoners before and after
xliv
election;
� Use of public funds, money deposited in
trust, equipment, facilities owned or
controlled by the government for an election
xlv
campaign;
� Suspension of elective provincial, city,
municipal or barangay officer; xlvi
� Appointing such ineligible person to the BEI
or BOC knowing him to be ineligible by any
public officer or any person acting in his
xlvii
behalf;
Annex 1: ELECTION OFFENSES

Pre‐Election Offenses Election Offenses Post‐Election Offenses


� Failing to post the voters' list within the
specified time, duration and in the
designated location shall constitute an
election offense on the part [of] the election
xlviii
officer concerned;
Annex 1: ELECTION OFFENSES

By Anyone
Pre‐Election Offenses Election Offenses Post‐Election Offenses
liii
� Vote‐buying and vote‐selling; � Threats, intimidation, terrorism, use of � Conducting oneself in such a disorderly
liv fraudulent device or other forms of manner as to interrupt or disrupt the work
� Conspiracy to bribe voters;
coercion; cxv or proceedings to the end of preventing
� Unlawful electioneering; lv the board of election inspectors or board
lvi
� Coercion of election officials and of canvassers during any of its meetings
� Dismissal of employees, laborers, or tenants; employees; cxvi from performing its functions, either
� Deliberately imprinting or causing the imprinting of � Deadly weapons (in the polling place or a partly or totally; 318
blurred or indistinct fingerprints on any of the copies of radius of 100 meter therof); cxvii � Removing or defacing the ER posted
319
the application for registration or on the voter's on the wall;
affidavit; lvii � Carrying firearms outside residence or 320
cxviii � Simulation of an election return;
place of business;
� Any person in charge of the registration of voters who
deliberately or through negligence, causes or allows the � Use of armored land, water or air craft; cxix � Simulation of the certification in a print
321
imprinting of blurred or indistinct fingerprints on any of of an election return;
lviii cxx
the aforementioned registration forms; � Wearing of uniforms and bearing arms;
� Refusing to present for perusal its copy
lix
� Carrying firearms outside residence or place of business; � Policemen and provincial guards acting as of election return to the board of
cxxi 322
bodyguards or security guards; canvassers, by the citizens' arm;
� Use of armored land, water or air craft; lx
� Availing himself of any means of scheme � Presenting of tampered or spurious ER
� Wearing of uniforms and bearing arms; lxi 323
to discover the contents of the ballot of a by the citizens' arm;
� Policemen and provincial guards acting as bodyguards or voter who is preparing or casting his vote
lxii � Refusing or failing to provide the
security guards; or who has just voted; cxxii
dominant majority and dominant minority
� Wagering upon result of election; lxiii � Arresting or detaining a voter without parties or the citizens' arm their copy of
cxxiii 324
� Organization or maintenance of reaction forces, strike lawful cause; ER ;
lxiv
forces, or other similar forces; � Molesting a voter in such a manner as to
� Release, disbursement or expenditure of public funds; lxv obstruct or prevent him from going to the
polling place to cast his vote or from
� Construction of public works, delivery of materials for cxxiv
returning home after casting his vote;
public works and issuance of treasury warrants and
� Compelling a voter to reveal how he

318
Batas Pambansa Blg. 881 (1985), Section 261 (bb) (4).
319
Batas Pambansa Blg. 881 (1985), Section 212 (a), as amended by Republic Act No. 9369 (2007), Section 32.
320
Batas Pambansa Blg. 881 (1985), Section 212 (b); See also Republic Act No. 7166 (1991), Section 30 as amended by Republic Act No. 9369 (2007), Section 37.
321
Batas Pambansa Blg. 881 (1985), Section 212 (c).
322
Republic Act No. 8436 (1997), Section 35 (d), as amended by Republic Act No. 9369 (2007), Section 28.
323
Republic Act No. 8436 (1997), Section 35 (e), as amended by Republic Act No. 9369 (2007), Section 28.
324
Republic Act No. 8436 (1997), Section 35 (f), as amended by Republic Act No. 9369 (2007), Section 28.
Annex 1: ELECTION OFFENSES

Pre‐Election Offenses Election Offenses Post‐Election Offenses


lxvi cxxv
similar devices; voted;
� Tampering with the fingerprints in said registration � Propagating false and alarming reports or
lxvii
records; information or transmits or circulates false
� Tampering with or changing without authority any data orders, directives or messages regarding
lxviii any matter relating to the printing of
or entry in any voter's application for registration;
official ballots, the postponement of the
� Delaying, hindering or obstructing another from election, the transfer of polling place or the
registering; lxix general conduct of the election, for the
purpose of disrupting or obstructing the
� Falsely certifying or identifying another as a bona fide
election process or causing confusion
resident of a particular place or locality for the purpose of
lxx among the voters; cxxvi
securing the latter's registration as a voter;
� Placing, inserting or otherwise including, as approved � Destroying, substituting or taking away
application for registration in the book of voters or in the from the possession of those having legal
provincial or national central files of registered voters, the custody thereof, or from the place where
application of any fictitious voter or any application that they are legally deposited, any election
lxxi form or document or ballot box which
has not been approved;
contains official ballots or other
� Removing from, or otherwise taking out of the book of documents used in the election, without
cxxvii
voters or the provincial or national central files of legal authority;
registered voters any duly approved voter's application,
except upon lawful order of the COMELEC , or of a � Opening or destroying the ballot box
lxxii containing the official ballots used in the
competent court or after proper cancellation;
election or removes or destroys its
� Transferring or causing the transfer of the registration contents without or against the order of
record of a voter to the book of voters of another polling the COMELEC , by the person having legal
place, unless said transfer was due to a change of address custody over said box; cxxviii
of the voter and the voter was duly notified of his new
lxxiii
polling place; � Enabling any person to open or destroy the
ballot box containing the official ballots
� Asking, demanding, taking, accepting or possessing, used in the election or remove or destroy
directly or indirectly, the voter's affidavit of another, in its contents without or against the order of
order to induce the latter to withhold his vote, or to vote the COMELEC , or take away said ballot
for or against any candidate in an election or any issue in box from his custody, by the person having
lxxiv
a plebiscite or referendum; legal custody of the ballot box containing
� Delivering, handing over, entrusting, giving directly or the official ballots used in the election ,
cxxix
indirectly his voter's affidavit to another in consideration through his negligence;
of money or other benefit or promises thereof, or takes or
� Knowingly using ballots other than the
accepts such voter's affidavit directly or indirectly, by
official ballots, except in those cases where
giving or causing the giving of money or other benefit or
lxxv the use of emergency ballots is authorized,
making or causing the making of a promise thereof;
by any member of the board of election
Annex 1: ELECTION OFFENSES

Pre‐Election Offenses Election Offenses Post‐Election Offenses


cxxx
� Altering in any manner, tearing, defacing, removing or inspectors;
lxxvi
destroying any certified list of voters;
� Revealing the contents of the ballot of an
� Taking, carrying or possessing any blank or unused illiterate or disabled voter whom he
registration form already issued to a city or municipality assisted in preparing a ballot; cxxxi
outside of said city or municipality except as otherwise
provided in this Code or when directed by express order � Transferring the location of a polling place
lxxvii cxxxii
of the court or of the COMELEC ; without authority;

� Maliciously omitting, tampering or transferring to � Printing or causing the printing of any


another list the name of a registered voter from the ballot or ER that appears as official ballots
lxxviii cxxxiii
official list of voters posted outside the polling place; or ER , without authority;
� Holding political conventions or meetings to nominate its � Distributing or causing any ballot or ER
official candidates earlier that the period fixed in the that appears as official ballots or ER to be
lxxix
Omnibus Code; distributed for use in the election, whether
or not they are actually used, without
� Obstructing, destroying or canceling any certificate of
authority; cxxxiv
candidacy duly filed and which has not been cancelled
lxxx
upon order of the COMELEC ; � Keeping, using or carrying out or causing
� Misleading the board of election inspectors by submitting to be kept, used or carried out, any official
any false or spurious certificate of candidacy or document ballot or ER or printed proof thereof, type‐
lxxxi form mould, electro‐type printing plates
to the prejudice of a candidate;
and any other plate, numbering machines
� Receiving any certificate of candidacy outside the period and other printing paraphernalia being
for filing the same and making it appear that said used in connection with the printing of
certificate of candidacy was filed on time by any person official ballots or ER , without
lxxxii cxxxv
authorized to receive certificates of candidacy; authority;
� Causing or compelling the COMELEC of receiving any � Causing official ballots or ER to be printed
certificate of candidacy outside the period for filing the in quantities exceeding those authorized
same and making it appear that said certificate of by the COMELEC , by any official or
candidacy was filed on time by any person authorized to employee of any printing establishment or
receive certificates of candidacy, by means of fraud, of the COMELEC or any member of the
lxxxiii
threat, intimidation, terrorism or coercion; committee in charge of the printing of
� Jamming, obstructing or interfering with a radio or official ballots or ER ; cxxxvi
television broadcast of any lawful political program by
lxxxiv � Distributing, delivering, or in any manner
any device or means;
disposing of or causing to be distributed,
� Selling, furnishing, offering, buying, serving or taking delivered, or disposed of, any official ballot
intoxicating liquor on the days fixed by law for the or ER to any person or persons not
registration of voters in the polling place, or on the day authorized by law or by the COMELEC to
lxxxv
before the election or on election day; receive or keep official ballots or ER or
who sends or causes them to be sent to
Annex 1: ELECTION OFFENSES

Pre‐Election Offenses Election Offenses Post‐Election Offenses


� Refusing to carry official election mail matters free of any place not designated by law or by the
charge during the election period by any operator or COMELEC , by any official or employee of
employee of a public utility or transportation company any printing establishment or of the
operating under a certificate of public convenience, COMELEC or any member of the
including government‐owned or controlled postal service committee in charge of the printing of
lxxxvi
or its employees or deputized agents; (Refusal to official ballots or ER ; cxxxvii
carry election mail matter.)
� Violating the integrity of any official ballot
� Discriminating against any political party, coalition or or ER before or after they are used in the
aggroupment of parties or any candidate in the sale of air election; cxxxviii
time by any person who operates a radio or television
lxxxvii � Removing, tearing, defacing or destroying
station who without justifiable cause; (Prohibition
against discrimination in the sale of air time.) any certified list of candidates posted
inside the voting booths during the hours
� Violation of the provisions, or pertinent portions, of the of voting; cxxxix
following sections of the Omnibus Election Code shall
constitute election offenses: Sections 9, 18, 74, 75, 76, � Holding or causing the holding of an
lxxxviii lxxxix
80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 95, 96, 97, election on any other day than that fixed
98, 99, 100, 101, 102, 103, 104, 105, 106 107, 108, 109, 110, by law or by the COMELEC , or stops any
111, 112, 122, 123, 127, 128, 129, 132, 134, 135, 145, 148, election being legally held; cxl
150, 152, 172, 173, 174, 178, 180, 182, 184, 185, 186, 189,
190, 191, 192, 194, 195, 196, 197, 198, 202, 203, 204, 205, � Conducting oneself in such a disorderly
xc xci manner as to interrupt or disrupt the work
206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216,
217, 218, 219, 220, 223, 229, 230, 231, 233, 234, 235, 236, or proceedings to the end of preventing
239 and 240; xcii the board of election inspectors or board of
canvassers during any of its meetings from
� Causing the printing of official ballots and ER by any performing its functions, either partly or
cxli
printing establishment which is not under contract with totally;
the COMELEC and any printing establishment which
undertakes such unauthorized printing (election � Soliciting votes or undertaking any
sabotage); xciii propaganda, on the day of election, for or
against any candidate or any political party
� Causing the printing of official ballots and ER by any within the polling place or within a radius
printing establishment which is not under contract with cxlii
of thirty meters thereof;
the COMELEC and any printing establishment which
undertakes such unauthorized printing (election � Selling, furnishing, offering, buying,
sabotage); xciv serving or taking intoxicating liquor on the
days fixed by law for the registration of
� Violating Section 11 of Republic Act No. 6466 regarding voters in the polling place, or on the day
xcv
prohibited forms of election propaganda; before the election or on election day; cxliii
� Continuing to misrepresent himself, or holding himself
� Opening in any polling place or within a
out, as a candidate, such as by continuing to campaign
radius of thirty meters thereof on election
thereafter by any person declared a nuisance candidate
day and during the counting of votes,
Annex 1: ELECTION OFFENSES

Pre‐Election Offenses Election Offenses Post‐Election Offenses


as defined under Section 69 of Batas Pambansa Blg. 881, booths or stalls of any kind for the sale,
or is otherwise disqualified, by final and executory dispensing or display of wares,
judgment; xcvi merchandise or refreshments, whether
solid or liquid, or for any other
� Knowingly inducing or abetting, by COMELEC or
purposes; cxliv
omission, such misrepresentation or holding out as a
candidate of any person declared a nuisance candidate as � Holding on election day, fairs, cockfights,
defined under Section 69 of Batas Pambansa Blg. 881 or boxing, horse races, jai‐alai or any other
otherwise disqualified, by final and executory similar sports; cxlv
judgment; xcvii
� Failing, without cause, to post or give any of the notices
or to make any of the reports re‐acquired under Republic
xcviii
Act No. 8189;
� Issuing or causing the issuance of a voter’s identification
number or to cancel or cause the cancellation thereof in
xcix
violation of the provisions of Republic Act No. 8189;
� Refusing the issuance of registered voters their voter’s
c
identification card;
� Accepting an appointment, to assume office and to
actually serve as a member of the Election Registration
ci
Board although ineligible thereto;
� Appointing such ineligible person accept an appointment,
cii
to the Election Registration Board;
� Interfering with, impeding, abscond for purpose of gain or
to prevent the installation or use of computers and
devices and the processing, storage, generation, and
ciii
transmission of registration data or information;
� Gaining, causing access to use, altering, destroying, or
disclosing any computer data, program, system software,
network, or any computer‐related devices, facilities,
hardware or equipment, whether classified or
declassified; civ
� Failing to provide certified voters and deactivated voters
list to candidates and heads of representatives of political
parties upon written request as provided in Section 30 of
cv
Republic Act No. 8189;
� Failing to include the approved application form for
Annex 1: ELECTION OFFENSES

Pre‐Election Offenses Election Offenses Post‐Election Offenses


registration of a qualified voter in the book of voters of a
particular precinct or 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,
cvi
referendum, initiative and/or recall;
� Posting of a list of voters outside or at the door of a
precinct on the day of an election, plebiscite, referendum,
initiative and/or recall, and which list is different in
contents from the certified list of voters being used by the
cvii
Board of Election Inspectors;
� Violating of the provisions of Republic Act No. 8189; cviii
� Coercing, bribing, threatening, harassing, intimidating,
terrorizing, or actually causing, inflicting or producing
violence, injury, punishment, torture, damage, loss or
disadvantage to discourage any other person or persons
from filing a certificate of candidacy in order to eliminate
all other potential candidate from running in a special
cix
election;
� Utilizing without authorization, tampering with,
destroying or stealing: official ballots, ER , and certificates
of canvass of votes used in the automated election
cx
system;
� Utilizing without authorization, tampering with,
destroying or stealing: Electronic devices or their
components, peripherals or supplies used in the AES such
as counting machine, memory pack/diskette, memory
cxi
pack receiver and computer set;
� Interfering with, impeding, absconding for purpose of
gain, preventing the installation or use of computer
counting devices and the processing, storage, generation
and transmission of election results, data or
cxii
information;
� Gaining or causing access to using, altering, destroying or
disclosing any computer data, program, system software,
network, or any computer‐related devices, facilities,
hardware or equipment, whether classified or
Annex 1: ELECTION OFFENSES

Pre‐Election Offenses Election Offenses Post‐Election Offenses


cxiii
declassified;
� Violation of Republic Act No. 9006 and the rules and
regulations of the COMELEC issued to implement
cxiv
Republic Act No. 9006
END NOTES (Annex 1)
i
Batas Pambansa Blg. 881 (1985), Section 261 (y) (2).
ii
Batas Pambansa Blg. 881 (1985), Section 261 (y) (5).
iii
Batas Pambansa Blg. 881 (1985), Section 261 (y) (6).
iv
Republic Act No. 8189, Section 45 (a).
v
Batas Pambansa Blg. 881 (1985), Section 261 (p).
vi
Batas Pambansa Blg. 881 (1985), Section 261 (z) (2).
vii
Batas Pambansa Blg. 881 (1985), Section 261 (z) (3).
viii
Batas Pambansa Blg. 881 (1985), Section 261 (z) (4).
ix
Batas Pambansa Blg. 881 (1985), Section 261 (z) (6).
x
Batas Pambansa Blg. 881 (1985), Section 261 (z) (6).
xi
Batas Pambansa Blg. 881 (1985), Section 261 (z) (24).
xii
Batas Pambansa Blg. 881 (1985), Section 261 (y) (4).
xiii
Batas Pambansa Blg. 881 (1985), Section 261 (bb) (3); See also Section 3, Comelec Resolution 8786(4 March 2010).
xiv
Batas Pambansa Blg. 881 (1985), Section 261 (bb) (2).
xv
Batas Pambansa Blg. 881 (1985), Section 261 (z) (8).
xvi
Batas Pambansa Blg. 881 (1985), Section 261 (z) (9).
xvii
Batas Pambansa Blg. 881 (1985), Section 261 (z) (10).
xviii
Batas Pambansa Blg. 881 (1985), Section 261 (bb) (1);See also Section 15, Comelec Resolution 8809 (30 March 2010)
xix
Republic Act No. 6646 Section 27 (b), as amended by Republic Act No. 9369 (2007), Section 42.
xx
Republic Act No. 6646 Section 27 (b), as amended by Republic Act No. 9369 (2007) Section 42.
xxi
Republic Act No. 6646 Section 27 (c).
xxii
Batas Pambansa Blg. 881 (1985), Section 212 (d).
xxiii
Batas Pambansa Blg. 881 (1985), Section 212 (e).
xxiv
Batas Pambansa Blg. 881 (1985), Section 212 (f).
xxv
Republic Act No. 7166 (1991), Section 27, as amended by Republic Act No. 9369 (2007), Section 33.
xxvi
Batas Pambansa Blg. 881 (1985), Section 206, as amended by Republic Act No. 9369 (2007), Section 35.
xxvii
Batas Pambansa Blg. 881 (1985), Section 261 (bb) (3).
xxviii
Batas Pambansa Blg. 881 (1985), Section 261 (aa) (1).
xxix
Batas Pambansa Blg. 881 (1985), Section 261 (aa) (2).
xxx
Batas Pambansa Blg. 881 (1985), Section 261 (aa) (3).
xxxi
Batas Pambansa Blg. 881 (1985), Section 261 (aa) (4).
xxxii
Batas Pambansa Blg. 881 (1985), Section 261 (bb) (1).
xxxiii
Batas Pambansa Blg. 881 (1985), Section 261 (bb) (2).
xxxiv
Republic Act No. 6646, Section 27 (b), as amended by Republic Act No. 9369 (2007), Section 42.
xxxv
Republic Act No. 6646, Section 27 (b), as amended by Republic Act No. 9369 (2007) Section 42.
xxxvi
Republic Act No. 7166, Section 25, as amended by Republic Act No. 9369 (2007), Section 31.
xxxvii
Batas Pambansa Blg. 881 (1985), Section 261 (g).
xxxviii
Batas Pambansa Blg. 881 (1985), Section 261 (h).
xxxix
Batas Pambansa Blg. 881 (1985), Section 261 (i).
xl
Batas Pambansa Blg. 881 (1985), Section 261 (j).
xli
Batas Pambansa Blg. 881 (1985), Section 261 (bb) (5).
xlii
Batas Pambansa Blg. 881 (1985), Section 261 (bb) (5).
xliii
Batas Pambansa Blg. 881 (1985), Section 261 (m).
xliv
Batas Pambansa Blg. 881 (1985), Section 261 (n).
xlv
Batas Pambansa Blg. 881 (1985), Section 261 (o).
xlvi
Batas Pambansa Blg. 881 (1985), Section 261 (x).
xlvii
Batas Pambansa Blg. 881 (1985), Section 261 (bb) (3),
xlviii
Republic Act No. 8436, Section 35 (g), as amended by Republic Act No. 9369 (2007), Section 28.
xlix
Batas Pambansa Blg. 881 (1985), Section 261 (bb) (5).
l
Batas Pambansa Blg. 881 (1985), Section 261 (bb) (5).
li
Batas Pambansa Blg. 881 (1985), Section 261 (bb) (5).
lii
Republic Act No. 6646, Section 27 (e).
liii
Batas Pambansa Blg. 881 (1985), Section 261 (a).
liv
Batas Pambansa Blg. 881 (1985), Section 261 (b).
lv
Batas Pambansa Blg. 881 (1985), Section 261 (k).
lvi
Batas Pambansa Blg. 881 (1985), Section 261 (l).
lvii
Batas Pambansa Blg. 881 (1985), Section 261 (y) (3).
lviii
Batas Pambansa Blg. 881 (1985), Section 261 (y) (3).
lix
Batas Pambansa Blg. 881 (1985), Section 261 (q); see also Republic Act No. 7166 (1991), Section 32 for the exceptions to this prohibition.
lx
Batas Pambansa Blg. 881 (1985), Section 261 (r).
lxi
Batas Pambansa Blg. 881 (1985), Section 261 (s).
lxii
Batas Pambansa Blg. 881 (1985), Section 261 (t); see also Republic Act No. 7166 (1991), Section 33 for the exceptions to this prohibition .
lxiii
Batas Pambansa Blg. 881 (1985), Section 261 (c).
lxiv
Batas Pambansa Blg. 881 (1985), Section 261 (u).
lxv
Batas Pambansa Blg. 881 (1985), Section 261 (v).
lxvi
Batas Pambansa Blg. 881 (1985), Section 261 (w).
lxvii
Batas Pambansa Blg. 881 (1985), Section 261 (y) (3).
lxviii
Batas Pambansa Blg. 881 (1985), Section 261 (y) (7).
lxix
Batas Pambansa Blg. 881 (1985), Section 261 (y) (8).
lxx
Batas Pambansa Blg. 881 (1985), Section 261 (y) (9).
lxxi
Batas Pambansa Blg. 881 (1985), Section 261 (y) (11).
lxxii
Batas Pambansa Blg. 881 (1985), Section 261 (y) (11).
lxxiii
Batas Pambansa Blg. 881 (1985), Section 261 (y) (12).
lxxiv
Batas Pambansa Blg. 881 (1985), Section 261 (y) (13).
lxxv
Batas Pambansa Blg. 881 (1985), Section 261 (y) (14).
lxxvi
Batas Pambansa Blg. 881 (1985), Section 261 (y) (15).
lxxvii
Batas Pambansa Blg. 881 (1985), Section 261 (y) (16).
lxxviii
Batas Pambansa Blg. 881 (1985), Section 261 (y) (17).
lxxix
Batas Pambansa Blg. 881 (1985), Section 261 (cc) (1).
lxxx
Batas Pambansa Blg. 881 (1985), Section 261 (cc) (2).
lxxxi
Batas Pambansa Blg. 881 (1985), Section 261 (cc) (3).
lxxxii
Batas Pambansa Blg. 881 (1985), Section 261 (cc) (4).
lxxxiii
Batas Pambansa Blg. 881 (1985), Section 261 (cc) (4).
lxxxiv
Batas Pambansa Blg. 881 (1985), Section 261 (cc) (5).
lxxxv
Batas Pambansa Blg. 881 (1985), Section 261 (dd) (1).
lxxxvi
Batas Pambansa Blg. 881 (1985), Section 261 (dd) (4).
lxxxvii
Batas Pambansa Blg. 881 (1985), Section 261 (dd) (5).
lxxxviii
See 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.
lxxxix
Repealed by Republic Act No. 9006, Section 14; See Republic Act No. 6646, Section 11 for additional prohibited forms of election propaganda.
xc
Amended by Republic Act No. 9369 (2007), Section 35.
xci
Amended by Republic Act No. 9369 (2007), Section 32.
xcii
Batas Pambansa Blg. 881 (1985), Section 262.
xciii
Republic Act No. 6646, Section 27 (a).
xciv
Republic Act No. 6646, Section 27 (a).
xcv
Republic Act No. 6646, Section 27 (d).
xcvi
Republic Act No. 6646, Section 27 (f).
xcvii
Republic Act No. 6646, Section 27 (f).
xcviii
Republic Act No. 8189, Section 45 (b).
xcix
Republic Act No. 8189, Section 45 (c).
c
Republic Act No. 8189, Section 45 (c).
ci
Republic Act No. 8189, Section 45 (d).
cii
Republic Act No. 8189, Section 45 (d).
ciii
Republic Act No. 8189, Section 45 (e).
civ
Republic Act No. 8189, Section 45 (f).
cv
Republic Act No. 8189, Section 45 (g).
cvi
Republic Act No. 8189, Section 45 (h).
cvii
Republic Act No. 8189, Section 45 (i).
cviii
Republic Act No. 8189, Section 45 (j).
cix
Republic Act No. 8295, Section 5.
cx
Republic Act No. 8436, Section 35 (a)(1), as amended by Republic Act No. 9369 (2007), Section 28.
cxi
Republic Act No. 8436, Section 35 (a) (2), as amended by Republic Act No. 9369 (2007), Section 28.
cxii
Republic Act No. 8436, Section 35 (b), as amended by Republic Act No. 9369 (2007), Section 28.
cxiii
Republic Act No. 8436, Section 35 (c), as amended by Republic Act No. 9369 (2007), Section 28.
cxiv
Republic Act No. 9006, Section 13.
cxv
Batas Pambansa Blg. 881 (1985), Section 261 (d).
cxvi
Batas Pambansa Blg. 881 (1985), Section 261 (f).
cxvii
Batas Pambansa Blg. 881 (1985), Section 261 (p).
cxviii
Batas Pambansa Blg. 881 (1985), Section 261 (q); see also Republic Act No. 7166(1991), Section 32 for the exceptions to this prohibition.
cxix
Batas Pambansa Blg. 881 (1985), Section 261 (r).
cxx
Batas Pambansa Blg. 881 (1985), Section 261 (s).
cxxi
Batas Pambansa Blg. 881 (1985), Section 261 (t); see also Republic Act No. 7166 (1991), Section 33 for the exceptions to this prohibition.
cxxii
Batas Pambansa Blg. 881 (1985), Section 261 (z) (5).
cxxiii
Batas Pambansa Blg. 881 (1985), Section 261 (z) (7).
cxxiv
Batas Pambansa Blg. 881 (1985), Section 261 (z) (7).
cxxv
Batas Pambansa Blg. 881 (1985), Section 261 (z) (7).
cxxvi
Batas Pambansa Blg. 881 (1985), Section 261 (z) (11).
cxxvii
Batas Pambansa Blg. 881 (1985), Section 261 (z) (12).
cxxviii
Batas Pambansa Blg. 881 (1985), Section 261 (z) (13).
cxxix
Batas Pambansa Blg. 881 (1985), Section 261 (z) (13).
cxxx
Batas Pambansa Blg. 881 (1985), Section 261 (z) (14).
cxxxi
Batas Pambansa Blg. 881 (1985), Section 261 (z) (16).
cxxxii
Batas Pambansa Blg. 881 (1985), Section 261 (z) (17).
cxxxiii
Batas Pambansa Blg. 881 (1985), Section 261 (z) (18).
cxxxiv
Batas Pambansa Blg. 881 (1985), Section 261 (z) (18).
cxxxv
Batas Pambansa Blg. 881 (1985), Section 261 (z) (19).
cxxxvi
Batas Pambansa Blg. 881 (1985), Section 261 (z) (20).
cxxxvii
Batas Pambansa Blg. 881 (1985), Section 261 (z) (20).
cxxxviii
Batas Pambansa Blg. 881 (1985), Section 261 (z) (21); see also Comelec Resolution 8786 (4 March 2010), Section 30 (e).
cxxxix
Batas Pambansa Blg. 881 (1985), Section 261 (z) (22).
cxl
Batas Pambansa Blg. 881 (1985), Section 261 (z) (23).
cxli
Batas Pambansa Blg. 881 (1985). Section 261 (bb) (4).
cxlii
Batas Pambansa Blg. 881 (1985), Section 261 (cc) (6).
cxliii
Batas Pambansa Blg. 881 (1985), Section 261 (dd) (1).
cxliv
Batas Pambansa Blg. 881 (1985), Section 261 (dd) (2).
cxlv
Batas Pambansa Blg. 881 (1985), Section 261 (dd) (3).
PROJECT TEAM
Dean Marvic M.V.F. Leonen
Dean, UP College of Law

Prof. Jose Jesus M. Disini


Project Director

Atty. Nicholas Felix L. Ty


Project Coordinator

Atty. January A. Sanchez


Atty. Yvette P. Chua
Atty. Jean Francois DP Rivera
Atty. Patrick Lester Ng. Ty
Atty. Ramon Abraham A. Sarmiento
Atty. Milabel R. Mujer
Atty. Neilster Jon S. Asinas
Atty. Melyjane G. Bertillo
Atty. Ian Esteban C. Ramos
Text Writers

Ms. Venus Amelie G.Mejia


Mr. Norman Ocana Jr.
Research Assistants

Ms. Elisa S. Ochoa


Project Secretary

Ms. Eleanor V. Arzadon


Assistant Project Secretary

Mr. Primo S. Ariñas


Ms. Ma. Luisa D. Belen‐Tirol
Ms. Alona M. Rago
Mr. Pedro Malicdem, Jr.
Ms. Virgelet S. Encarnacion
Mr. Emmanuel Evangelista
Mr. Freddie P. Genove
Support Staff