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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 as it embarks on the first nationwide automated elections
in May 2010, and the whole world is watching. Thus, initiatives geared at enhancing the transparency
and credibility of the electoral process become more critical than ever.

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

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

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

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 32
VIII. POST-COUNTING AND POST-TRANSMISSION PROCEDURES 37
IX. CANVASS 39
A. The Board of Canvassers (BOC) 39
B. Manner of Canvassing 45
C. Persons Present During Canvassing 58
D. The COCs – Effect and their distribution 59
E. Remedies 68
X. PRE-PROCLAMATION CONTROVERSIES 76
XI. ELECTION PROTEST and QUO WARRANTO 85
XII. ELECTION OFFENSES 95
Annex 1: ELECTION OFFENSES a

Table of Figures
Figure 1: BEI Procedures before voting 14
Figure 2: Samples of Shading 20
Figure 3: Location of Feeder in the PCOS Machine 22
Figure 4: Procedure in Assisting Disabled/Illiterate Voters 26
Figure 5: Closing the Voting and Counting the Ballots 32
Figure 6: Printing and Transmitting the ERs 33
Figure 7: Steps after termination of counting of votes and announcement of results 37
Figure 8: Preliminaries to Canvassing 45
Figure 9: CCS Initialization 46
Figure 10: Starting the Canvassing 47
Figure 11: Monitoring Data Transmission 47
Figure 12: Procedure in case of Untransmitted Results 48
Figure 13: Generation and Printing of Consolidated Canvass Report 49
Figure 14: Generation and printing of COC 50
Figure 15: Transmission of Results 51
Figure 16: Printing of Remaining COC Reports 51
Figure 17: Generation and Printing of SOVs 52
Figure 18: Generating COCP 53
Figure 19: Printing of Audit Log 54
Figure 20: Post Printing Activities 54
Figure 21: Backing up CCS results 55
Figure 22: Shutting down CCS 56
Figure 23: Preproclamation Cases Filed Directly with BOC 80
Figure 24: Preproclamation Cases Filed Directly with COMELEC 81
Figure 25: Procedure if illegality of BOC proceedings is discovered after proclamation 81

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
time that it was powered-on until the time it was closed. 1

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
other electoral processes. 2

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
includes 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.

COCP - Certificate of Canvass and Proclamation

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
canvass level. 5

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
count ballots. 7

Data storage device - a device used to electronically store counting and
canvassing results, such as a memory pack or diskette. 8

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
Kapisanan ng mga Brodkasters sa Pilipinas or KBP 11;

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
another. 13

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
be counted, is located in every precinct 16.

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 thumb marks of the members of
the Board of Election Inspectors (BEI) 17.

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.

RCG - the Reception and Custody Group

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
in each precinct in a city/municipality 19

Station - refers to a polling place, counting center, municipal or
provincial canvassing center. 20

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;
c. has never been convicted of any election offense or of any other crime punishable
by more than six (6) months of imprisonment;

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
d. has no pending case against him filed in COMELEC or in any court for any election
offense; and
e. is able to speak and write in English or in 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 BEI member 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/her disqualification in writing.
The Election Officer shall, in turn, appoint a substitute. 30

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

The Election Officer must accomplish the form for the Appointment of the Chairman and
Members of the BEI (Election Form No. A5) in three (3) copies and require the BEI
Chairman and members to affix their signatures and imprints of their right thumbs on the
Oath of Office (Election Form No. A5-A) before assumption of office. 31

26
Batas Pambansa Blg. 881 (1985), Section 166; COMELEC Resolution No. 8786 (4 March 2010), Section 2.
27
Cawasa v. COMELEC, G.R. No. 150469, 3 July 2002.
28
Batas Pambansa Blg. 881 (1985), Section 170; Cawasa v. Comelec, G.R. No. 150469, 3 July 2002.
29
Batas Pambansa Blg. 881 (1985), Section 167; COMELEC Resolution No. 8786 (4 March 2010), Section 3.
30
COMELEC Resolution No. 8786 (4 March 2010), Section 4.
31
Batas Pambansa Blg. 881 (1985), Section 165; COMELEC Resolution No. 8786 (4 March 2010), Section 7.

AES 2010 HANDBOOK Page 2
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 order shall not be executed as to prevent said person from voting. A copy of
the written order shall be attached to the Minutes.

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

AES 2010 HANDBOOK Page 3
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 Election Day, vote in the precincts where they are registered, provided that
they do so when the voting in their respective places of assignment is light, and
their absence shall not be for more than thirty (30) minutes. 38

They shall schedule their voting so that only one BEI member shall leave at any one time. 39

34
Batas Pambansa Blg. 881 (1985), Sections 168 & 172; COMELEC Resolution No. 8786 (4 March 2010), Section 10.
35
COMELEC Resolution No. 8786 (4 March 2010), Section 8.
36
Batas Pambansa Blg. 881 (1985), Section 172; COMELEC Resolution No. 8786 (4 March 2010), Section 11.
37
Batas Pambansa Blg. 881 (1985), Section 174; COMELEC Resolution No. 8786 (4 March 2010), Section 11 (2).
38
COMELEC Resolution No. 8786 (4 March 2010), as revised by COMELEC Resolution No. 8798 (16 March 2010), Section 12.
39
COMELEC Resolution No. 8786 (4 March 2010), Section 12.

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 (2) watchers, to serve alternately, in every polling
place:

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

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 citizens’ 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/she:

a. is a registered voter of the city or municipality comprising the precinct where
he/she 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 BEI
Chairman or to any other BEI member 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 poll watchers’ 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 ERs 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 ERs 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 BEI member or to any voter or among themselves in such
a manner as would disturb the proceedings of the BEI. 49

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

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. 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 periods and must perform the following tasks:

WHEN TASK
record the serial number of the seal(s) on the PCOS box(es) 52

observe whether the PCOS box is sealed and check if the serial
number of the seal is the same as the serial number recorded
BEFORE the Voting during the testing and sealing 53

observe the initialization of the PCOS and sign the Initialization
Report 54

observe the counting of votes and transmission and printing of
ERs

affix their signatures on the printed ERs 55

AFTER the voting observe the disposition of the PCOS, ballot boxes, keys, ERs,
and other documents even after the termination of the
counting of votes and the announcement of the results in the
precinct

accompany the BEI as it delivers the ballot box to the city or
municipal treasurer 56

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

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. However, if
there are other authentic copies of the ERs outside of the ballot box
which can be used in the canvass, such copies of the ERs shall be used
in said canvass and the opening of the ballot box to retrieve copies of
the ERs placed therein shall then be dispensed with. 57 Watchers
should make sure they are present when the ballot box is opened.

57
COMELEC Resolution No. 8786 (4 March 2010), Section 45 (2).

AES 2010 HANDBOOK Page 10
III. OFFICIAL BALLOTS AND
OTHER ELECTION FORMS AND
SUPPLIES

27. 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. 58

Official ballots come in Election Form No. A6. 59

28. 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.

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

Some of these safeguards include, but are not limited to bar codes, holograms, color
shifting ink, and micro printing. 60 As mentioned above, an official ballot comes as Election
Form No. A6. 61

30. 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, the COMELEC
may authorize earlier distribution of these documents. 62

31. Can the official ballots be reproduced?

No. The official ballots cannot be reproduced. 63

58
Republic Act No. 8436 (1997), as amended by Republic Act. No 9369 (2007), Section 2 (3).
59
COMELEC Resolution No. 8786 (4 March 2010), Section 18.
60
Republic Act No. 8436 (1997), as amended by Republic Act No. 9369 (2007), Section 13.
61
COMELEC Resolution No. 8786 (4 March 2010), Section 18.
62
COMELEC Resolution No. 8786 (4 March 2010), Section 18.
63
Official ballots are not among the election forms that may be reproduced as enumerated in COMELEC Resolution No. 8786 (4 March
2010), Section 19.

AES 2010 HANDBOOK Page 11
32. 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: 64

a. From the City/Municipal Treasurer

CEF NO. DESCRIPTION RATE OF DISTRIBUTION

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

Ballpen 6 Pieces

64
COMELEC Resolution No. 8786 (4 March 2010), Section 18.

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

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

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

The BEI shall then sign a Certificate of Receipt (Election Form No. A14) in three (3) copies,
the original of which shall be delivered to the City/Municipal Treasurer, who shall transmit
the same to the ERSD, COMELEC, Manila immediately after election day. 65

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

Only one piece of ballot per voter shall be provided to the BEI. 66

35. 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. 67

65
COMELEC Resolution No. 8786 (4 March 2010), Section 18.
66
COMELEC Resolution No. 8786 (4 March 2010), Section 18.
67
COMELEC Resolution No. 8786 (4 March 2010), Section 19.

AES 2010 HANDBOOK Page 13
IV. PRE-VOTING PROCEDURES
36. 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. 68

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

68
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
37. 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. 69

38. 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. 70

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

The PCOS is ready to accept ballots for counting when the touch screen display indicates
that the system is “OPEN,” and that the text “Please Insert Ballot” is displayed. 71

40. 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. 72

41. Can the voters cast their votes after 6:00 p.m. of the Election Day?

Voters can cast their votes after 6:00 p.m. of the Election Day, provided they are within 30
meters in front of their assigned polling place. In such a case, the poll clerk shall prepare a
list of voters within 30 meters in front of the polling place and intending to vote. These
voters shall be allowed to cast their votes upon being called by the poll clerk, in the order in
which they are listed. 73

69
COMELEC Resolution No. 8786 (4 March 2010), Section 34.
70
COMELEC Resolution No. 8786 (4 March 2010), Section 43.
71
COMELEC Resolution No. 8786 (4 March 2010), Section 34.
72
COMELEC Resolution No. 8786 (4 March 2010), Section 21.
73
COMELEC Resolution No. 8786 (4 March 2010), Section 21.

AES 2010 HANDBOOK Page 15
42. 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 (3) times. Any voter who is not present
when called shall NOT be allowed to vote at a later time. 74

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

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

44. 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 75; and

b. Detainees, whose registration records are not deactivated/cancelled, including
those 76:

• confined in jail, formally charged for any crime/s and awaiting/undergoing trial;
• serving a sentence of imprisonment for less than one (1) year; or
• whose conviction of a crime involving disloyalty to the duly constituted
government such as rebellion, sedition, violation of the firearms laws or any
crime against national security or for any other crime is on appeal.

The rules and regulations on detainee voting in connection with the May 10, 2010 national
and local elections are contained in COMELEC Resolution No. 8811 promulgated on 30
March 2010.

74
COMELEC Resolution No. 8786 (4 March 2010), Section 21.
75
COMELEC Resolution No. 8786 (4 March 2010), Section 23.
76
COMELEC Resolution No. 8811 (30 March 2010), Section 1.

AES 2010 HANDBOOK Page 16
45. 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. 77

77
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 the
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 is located. 78

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

Failure of the BEI Chairman to authenticate the ballot shall not be a cause for the
invalidation of the ballot. However, he/she shall be charged with an election offense. 79

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

No. Only the BEI Chairman can issue ballots. 80

48. 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 81.

78
COMELEC Resolution No. 8786 (4 March 2010), Section 35.
79
COMELEC Resolution No. 8786 (4 March 2010), Section 35, also Batas Pambansa Blg. 881 (1985), Section 261 (bb) (2).
80
COMELEC Resolution No. 8786 (4 March 2010), Section 35.
81
COMELEC Resolution No. 8786 (4 March 2010), Section 24.

AES 2010 HANDBOOK Page 18
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
b. Made or 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 82.

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, 85

- fails to authenticate the ballot.

49. 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

82
COMELEC Resolution No. 8786 (4 March 2010), Section 25.
83
Batas Pambansa Blg. 881 (1985), Section 261 (z) (2).
84
Batas Pambansa Blg. 881 (1985), Section 261 (z) (10).
85
Batas Pambansa Blg. 881 (1985), Section 261 (z) (20).

AES 2010 HANDBOOK Page 19
mentioned, any BEI member may identify under oath a voter and such act shall be
reflected in the Minutes. 86

50. 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

51. 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

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

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

53. 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 using the special marker
provided by the COMELEC. After the voter finishes shading all the ovals corresponding to
the names of his/her desired candidates for every position, he/she shall affix his/her thumb
mark in the space provided for in the voting record. 91

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)

86
COMELEC Resolution No. 8786 (4 March 2010), Section 24.
87
COMELEC Resolution No. 8786 (4 March 2010), Section 25.
88
COMELEC Resolution No. 8786 (4 March 2010), Section 26.
89
COMELEC Resolution No. 8786 (4 March 2010), Section 25.
90
COMELEC Resolution No. 8786 (4 March 2010), Section 25.
91
COMELEC Resolution No. 8786 (4 March 2010), Section 36.

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.

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

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

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

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

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

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

56. 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

57. 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 such other positions.

58. 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.

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

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

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

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

After, the voter must return the ballot secrecy folder and marking pen to the BEI
Chairman. An indelible ink will be applied to the voter’s finger, and he/she shall affix his/her
thumb mark in the EDCVL. 95
93
Republic Act No. 8436, Section 14 which provides that a voter spoiling his/her ballot may be issued another ballot, subject however
that the voter shall not change his/her ballot more than once, has been amended by Republic Act No. 9369 (2007), Section 15 which
provides that COMELEC shall provide procedure in voting and omitted the specific proviso in Section. 14 on spoiling. See also
COMELEC Resolution No. 8786 (4 March 2010), Section 18.
94
COMELEC Resolution No. 8786 (4 March 2010), Section 36.
95
COMELEC Resolution No. 8786 (4 March 2010), Section 36.

AES 2010 HANDBOOK Page 22
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 XII entitled “Election Offenses”.

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

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

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

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

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

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

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

63. 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

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

Yes. An illiterate and person with disability/disabled voter may be allowed to be assisted
by other persons provided that such fact is indicated in the Election Day Computerized
Voters List (EDCVL) or Voter’s Registration Record (VRR).

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

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

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

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

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

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

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

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

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

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

AES 2010 HANDBOOK Page 25
69. 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

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

Yes. 112

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

AES 2010 HANDBOOK Page 26
71. 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.

72. 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.

73. How should a person conduct himself within the polling place during Election Day?

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

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

AES 2010 HANDBOOK Page 27
74. 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 (1/2) 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 an 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 devices 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
75. 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

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

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

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

77. Can the BEI transfer the place of counting?

The COMELEC may authorize the BEI to count the votes in 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.

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

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

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
79. What are the next steps 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 eight (8) ER copies for National Positions. The PCOS will
then ask if the BEI would like to print more copies of the ER, the BEI shall select “NO” and
the PCOS shall immediately print eight (8) ER copies for Local Positions. The PCOS will
then ask if the BEI would like to print more copies of the ER, the BEI shall again select
“NO”.

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

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

81. What are the next steps after the ER has been signed and sealed?

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

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

The BEI shall transmit the results.

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

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

84. What happens if the PCOS fails to count the votes or transmit/print the results?

In case the PCOS fails to count the votes or transmit/print the results, the Operator shall
announce the error and undertake the necessary corrective measures. Should the
Operator be unable to correct the error, he shall call on the Technical Support personnel
assigned to the Voting Center for assistance. Such fact shall be noted in the Minutes.

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

AES 2010 HANDBOOK Page 30
85. 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

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

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

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

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

88. Can a manual counting of votes be conducted?

Yes. The COMELEC may resort to manual counting of the votes in case the automated
counting system fails. 129

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

A manual count should be conducted instead of using another PCOS machine in case the
failure of the automated counting are not machine-related such as in the case where the
errors in counting were due to the misprinting of ovals and the use of wrong sequence
codes in the local ballots, which will certainly result in an erroneous count and subvert the
will of the electorate. 130

127
General Policies, Rules and Guidelines (2009), Section 4 (1) (1).
128
COMELEC Resolution No. 8739 (29 December 2009), Section 41 (d).
129
Maruhom v. COMELEC, G.R. No. 139357, 5 May 2000.
130
Tupay Loong v. COMELEC, G.R. No. 133676, 14 April 1999.

AES 2010 HANDBOOK Page 31
VII. ELECTION RETURNS
90. What is an election return (ER)?

An ER is 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 utilized. 131

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

An ER is produced after the BEI has undertaken the procedures to close the voting, for
counting of ballots and transmission of results. 132

92. What are the procedures to be followed in (a) closing the voting and counting of ballots,
and (b) printing and transmitting the ER?
The step-by-step procedures for (a) closing the voting and counting the ballots, and (b)
printing and transmitting the ER are found below 133:

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

131
Republic Act No. 8436 (1997), as amended by Republic Act No. 9369 (2007), Section 2 (4).
132
COMELEC Resolution No. 8786 (4 March 2010), Section 38.
133
COMELEC Resolution No. 8786 (4 March 2010), Section 40.

AES 2010 HANDBOOK Page 32
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 33
93. How are the copies of ER distributed?

After the printing of the ERs, the BEI shall individually fold the first eight (8) copies of the
ERs, seal each of them with serially numbered paper seals, place them in the envelope
(Election Form No. A17), and seal the envelopes for distribution to the following: 134

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
6th Dominant minority party as 6th 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
8th Provincial Board of Canvassers 8th 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
th th
20 parties in accordance with a 20 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
24th media entities as may be equitably 25th 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
25th to Two (2) local broadcast or print 26th to Two (2) local broadcast or print media
26th media entities as may be equitably 27th 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
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

134
COMELEC Resolution No. 8786 (4 March 2010), Section 41.

AES 2010 HANDBOOK Page 34
Copy Election of the President, Copy Election of Local Officials and
Vice-President, Senators Members of the House of
and Party-list System Representatives
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
31st One (1) to be posted conspicuously
on a wall within the premises of
the polling place or counting
center

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

If no such agreement is reached, the COMELEC shall decide which parties shall receive the
copies on the basis of the criteria provided in Section 26 of Republic Act No. 7166. 135

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

a. The established record of the parties or 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.

135
Republic Act No. 8436 (1997), Section 22, as amended by Republic Act No. 9369 (2007), Section 21.

AES 2010 HANDBOOK Page 35
95. 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 eight (8) copies of the ERs both for national and local
positions, the poll clerk shall announce the posting of a copy of the second copy of the ER
both for national and local positions on a wall within the premises of the polling
place/counting center, which must be sufficiently lighted and accessible to the public, and
proceed to post such copies. 136

96. How long will such election returns be posted?

Said copies of the ERs will be posted for forty-eight (48) hours. 137

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

Yes. Any person may view or capture an image of the ER by means of any data capturing
device like cameras, at any time of the day for forty-eight (48) hours following its posting.
138

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

Yes. Additional copies not to exceed thirty (30) may be printed and given to requesting
parties at their own expense. 139

99. What happens after the 48-hour posting period?

After the forty-eight (48) hour period lapses, the BEI Chairman shall detach said ER from
the wall and keep the same in his custody to be produced as may be requested by any
voter for image or data capturing or for any lawful purpose as may be ordered by any
competent authority. 140

136
COMELEC Resolution No. 8786 (4 March 2010), Section 40 (p).
137
Republic Act No. 7166 (1997), Section 27, as amended by Republic Act No. 9369 (2007), Section 33; COMELEC Resolution No. 8786 (4
March 2010), Section 40 (q).
138
Republic Act No. 7166 (1991), Section 27, as amended by Republic Act No. 9369 (2007), Section 33; COMELEC Resolution No. 8786 (4
March 2010), Section 40(q).
139
Republic Act No. 7166 (1991), Section 27, as amended by Republic Act No. 9369 (2007), Section 33.
140
Republic Act No. 7166 (1991), Section 27, as amended by Republic Act No. 9369 (2007), Section 33. COMELEC Resolution No. 8786 (4
March 2010), Section 40(q).

AES 2010 HANDBOOK Page 36
VIII. POST-COUNTING AND
POST-TRANSMISSION
PROCEDURES
100. 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 37
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 to deliver the same 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.

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

The Election Officer shall keep the EDCVL and the PCVL in a safe place until such time that
the COMELEC gives instructions for their disposition. 141

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

Instead of opening the ballot box to place the omitted documents or articles, the BEI shall
deliver the same to the Election Officer. The Election Officer shall take appropriate
measures to preserve the integrity of the documents. 142

141
COMELEC Resolution No. 8786 (4 March 2010), Section 44.
142
COMELEC Resolution No. 8786 (4 March 2010), Section 45.

AES 2010 HANDBOOK Page 38
IX. CANVASS
A. The Board of Canvassers (BOC)

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

There shall be a BOC in each municipality, city, province, and in each legislative district
comprising two (2) municipalities/cities. 143

The COMELEC shall have direct control and supervision over the BOCs and may motu
proprio relieve, for cause, at any time, any member and designate a substitute. 144

104. 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 145
MBOC Election Officer or a COMELEC representative, as Chairman; the
Municipal Treasurer, as Vice-Chairman; and the District School
Supervisor, or in his absence, the most senior Principal of the school
district, as Member
City BOC City Election Officer or a COMELEC lawyer, as Chairman; the City
Prosecutor, as Vice-Chairman; and the Division Superintendent of
Schools, as Member

Note: In cities with more than one Election Officer, the COMELEC
shall designate the Election Officer who shall act as Chairman. 146

143
COMELEC Resolution No. 8809 (30 March 2010), Section 1.
144
COMELEC Resolution No. 8809 (30 March 2010) Section 2.
145
COMELEC Resolution No. 8809 (30 March 2010), Section 5; Republic Act No. 6646 (1988), Section. 20 (a) states that the provincial
BOC shall be composed of the provincial election supervisor or a lawyer in the regional office of the COMELEC, as chairman, the
provincial fiscal, as vice-chairman, and the provincial superintendent of schools, as member.
146
COMELEC Resolution No. 8809 (30 March 2010), Section 4; Republic Act No. 6646 (1988), Section 20 (b) states that the city BOC
shall be composed of the city election registrar or a lawyer of the COMELEC, as chairman, the city fiscal, as vice-chairman, and the
city superintendent of schools, as member. In cities with more than one election registrar, the COMELEC shall designate the election
registrar who shall act as chairman.

AES 2010 HANDBOOK Page 39
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
of Metro Manila Schools, as Member
comprising two (2) cities
or municipalities)

105. 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. The COMELEC shall deputize an information technology personnel from among
the agencies and instrumentalities of the government, including government-owned and
controlled corporations. 147

This information technology-capable person shall be known as CCS operator. The CCS
operators shall be designated by the Provincial Election Supervisor concerned, in the case
of the city BOC/municipal BOC outside the National Capital Region (NCR), and by the NCR
Regional Election Director in the case of the city, municipal and district BOC in the NCR.
The Regional Election Director concerned shall designate the CCS operator in the case of
the PBOC in regions outside the NCR. 148

106. 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. 149

107. 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. 150

147
Republic Act No. 9369 (2007), Section 5.
148
COMELEC Resolution No. 8809 (30 March 2010), Section 7.
149
COMELEC Resolution No. 8809 (30 March 2010), Section 7.
150
Batas Pambansa Blg. 881 (1985), Section 222.

AES 2010 HANDBOOK Page 40
108. What happens if the BOC Chairman or member is not available, absent, disqualified
due to relationship, or is incapacitated for any cause?

In these instances, a ranking COMELEC shall be appointed as substitute. 151

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

BOC Substitute
PBOC a. Provincial Auditor,
b. Register of Deeds,
c. Clerk of Court nominated by the Executive Judge of the Regional
Trial Court, and
d. other available appointive provincial official
CBOC a. City Auditor,
b. Register of Deeds,
c. Clerk of Court nominated by the Executive Judge of the Regional
Trial Court, and
d. other available appointive city official
MBOC a. Municipal Administrator,
b. Municipal Assessor,
c. Clerk of Court of the Municipal Trial Court nominated by the
Executive Judge of the Municipal Trial Court, or
d. any other available appointive municipal officials
District BOC of the a. Next ranking Prosecutor, or
legislative districts in b. District Supervisor in the district 152
Metro Manila

151
COMELEC Resolution No. 8809 (30 March 2010), Section 8; Batas Pambansa Blg. 881 (1985), Section 226 states: “In case of non-
availability, absence, disqualification due to relationship, or incapacity for any cause of the chairman, the COMELEC shall designate
the provincial or city fiscal to act as chairman. Likewise, in case of non-availability, absence, disqualification due to relationship, or
incapacity for any cause, of such designee, the next ranking provincial or city fiscal shall be designated by the COMELEC and such
designation shall pass to the next in rank until the designee qualifies.”
152
COMELEC Resolution No. 8809 (30 March 2010), Section 8; Batas Pambansa Blg. 881 (1985), Section 226 states: “With respect to the
other members of the BOC, the COMELEC shall appoint as substitute the provincial, city or municipal officers of other government
agencies in the province, city or municipality, as the case may be, and with respect to the representatives of the accredited political
parties, the COMELEC shall appoint as substitutes those nominated by the said political parties.”

AES 2010 HANDBOOK Page 41
109. 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. 153

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

In case a regular BOC member is absent, the BOC members present shall first verify
whether notice has been served on the absent member. In case no such notice was sent, a
notice shall be immediately served on the absent member. If the latter cannot be located
or his whereabouts are unknown, he shall be substituted. These facts shall be recorded in
the Minutes of the BOC. As soon as the absent member appears, the substitute member
shall relinquish his seat in favor of the regular member. 154

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

In case of sickness or serious injury of a regular BOC member, a medical certificate shall be
required attesting to the incapacity of said member. Upon submission of the medical
certificate, a substitute shall be appointed. Said medical certificate shall be recorded in and
shall form part of the Minutes of the BOC.

ELECTION OFFENSE

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. 155

153
COMELEC Resolution No. 8809 (30 March 2010), Section 8.
154
COMELEC Resolution No. 8809 (30 March 2010), Section 12.
155
Batas Pambansa Blg. 881 (1985), Section 224.

AES 2010 HANDBOOK Page 42
112. Who shall record and prepare the Minutes of BOC proceedings?

The district school supervisor, or the principal, city or provincial superintendent of schools,
as the case may be, or any representative of the DepEd shall act as Secretary unless
otherwise ordered by the COMELEC. He shall prepare the Minutes of the BOC by recording
therein the proceedings and such other incidents or matters relevant to the canvass. 156

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

A certified copy of the Minutes of Canvass shall be sent by registered mail to the Law
Department of the COMELEC. Said department shall likewise be notified by telegram
indicating the date and the manner of transmittal of the Minutes of Canvass. 157

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

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

During the period beginning on Election Day until the proclamation of the winning
candidates, no BOC member or substitute shall be transferred, assigned or detailed
outside of his official station, nor shall he leave said station without prior authority of the
COMELEC. 158

As an exception, the Provincial Election Supervisor in the case of MBOC or CBOC and the
Regional Election Director in the case of PBOC/DBOC may issue such authority. In either
case, a written report shall be submitted to the Law Department. 159

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

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. 160

156
COMELEC Resolution No. 8809 (30 March 2010), Section 9.
157
COMELEC Resolution No. 8809 (30 March 2010), Section 25.
158
Batas Pambansa Blg. 881 (1985), Section 223; See also COMELEC Resolution No. 8809 (30 March 2010), Section 14.
159
COMELEC Resolution No. 8809 (30 March 2010), Section 14.
160
COMELEC Resolution No. 8809 (30 March 2010), Section 18.

AES 2010 HANDBOOK Page 43
116. 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 shall canvass all the results for president and vice-president and
thereafter, proclaim the winning candidates. 161

161
Republic Act No. 8436 (1997), Section 28, as amended by Republic Act No. 9369 (2007), Section 23; See also Sixto S. Brillantes, Jr., et
al. v. COMELEC, G.R. No. 163193, 15 June 2004.

AES 2010 HANDBOOK Page 44
B. Manner of Canvassing
117. What procedures shall the BOC observe before the canvassing begins?

Before the canvassing begins, the BOC shall observe the following procedures: 162

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

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

162
COMELEC Resolution No. 8809 (30 March 2010), Section 26.

AES 2010 HANDBOOK Page 45
118. 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: 163
Plug the power cord of the Plug the extension cord to
Turn on the laptop by
laptop to the extension the electrical outlet or
pressing the power button.
cord. generator.

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

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

163
COMELEC Resolution No. 8809 (30 March 2010), Section 27 (a).

AES 2010 HANDBOOK Page 46
119. How is the canvassing started?

After initializing the CCS, in the “WELCOME” page, the CCS operator shall 164:

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

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

The municipal BOC/city BOC through the CCS Operator shall 165:

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

164
COMELEC Resolution No. 8809 (30 March 2010), Section 27 (b).
165
COMELEC Resolution No. 8809 (30 March 2010), Section 27 (c).

AES 2010 HANDBOOK Page 47
121. What may be done in the case of untransmitted results?

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

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 48
122. How are the canvass reports generated?

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

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

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

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 49
123. 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 50
124. 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

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

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

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

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 51
126. 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 52
127. 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 53
128. 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

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

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

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 54
130. 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 55
131. What is the procedure in shutting down the CCS?

After the printing of all the reports and the transmission of the
municipal/city/district/provincial results to all destinations, the following shall be
undertaken:

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

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

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

Notices of the canvassing shall be posted in the offices of the Election Officer/Provincial
Election Supervisor, as the case may be, and in three (3) conspicuous places in the building
where the canvass will be held.

Similar notices shall also be given for subsequent meetings unless notice has been given in
open session. Proof of service of notice to each member, candidate, political party fielding
candidates and party-list groups shall be attached to and form part of the records of the
proceedings. If notice is given in open session, such fact shall be recorded in the Minutes of
the proceedings.

AES 2010 HANDBOOK Page 56
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. 166

Examples:

Where the BOC merely recessed after it convened at 6:00 p.m. because there were no
returns to canvass yet and then resumed its proceedings when the returns arrived, there is
no necessity to send another notice to its members and to each candidate and political
party representing the candidates. In this case, there is no subsequent meeting of the BOC
to speak of. 167

Where there is no doubt that the short notices (barely an hour) given to the candidates
were expressly designed to prevent their attendance, the same is sufficient ground to
annul the canvass. 168

133. 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. 169

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

A majority of the BOC members shall constitute a quorum for the transaction of business,
and, a majority vote of all members thereof shall be necessary to render a decision. 170

166
COMELEC Resolution No. 8809 (30 March 2010), Section 10; See also Republic Act No. 6646 (1988), Section 23.
167
Quilala v. COMELEC, G.R. No. 82726, 13 August 1990.
168
Rufino S. Antonio, Jr. v. COMELEC, G.R. No. L-31604, 17 April 1970.
169
COMELEC Resolution No. 8809 (30 March 2010), Section 11.
170
COMELEC Resolution No. 8809 (30 March 2010), Section 17; See also Batas Pambansa Blg. 881 (1985), Section 225.

AES 2010 HANDBOOK Page 57
C. Persons Present During Canvassing
135. What rights do registered political parties, coalition of parties, and candidates have
before the BOC and during canvassing?

Each registered political parties, 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 BOC shall not allow any dilatory action. 171

136. Are watchers allowed to be present during canvassing?

See discussion on Watchers.

137. 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,
COMELEC, 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. 172

171
COMELEC Resolution No. 8809 (30 March 2010), Section 19; See also Republic Act No. 6646 (1988), Section 25.
172
COMELEC Resolution No. 8809 (30 March 2010), Section 21; See also Batas Pambansa Blg. 881 (1985), Section 232.

AES 2010 HANDBOOK Page 58
138. 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. 173

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

The BOC may order, in writing, any peace officer/soldier to take such person in custody
until the adjournment of the meeting. In the absence of any peace officer, any other
competent and able person deputized by the Board, in writing, may execute such order.
The BOC shall have full authority to keep order within the canvassing room or hall and its
premises and enforce obedience to its lawful orders. 174

D. The COCs – Effect and their distribution
140. 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 175 shall be considered as official
election results and shall be used as the basis for the proclamation of a winning
candidate. 176

The COCs shall be supported by the SOVs.

141. 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.

142. 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 an SOV which contains erroneous entries, it is null and void. It is
no proclamation at all and the proclaimed candidate’s assumption of office cannot deprive
the COMELEC of the power to annul the proclamation. 177

173
COMELEC Resolution No. 8809 (30 March 2010), Section 21; See also Batas Pambansa Blg. 881 (1985), Section 232.
174
COMELEC Resolution No. 8809 (30 March 2010), Section 18; See also Republic Act No. 6646 (1988), Section 24.
175
See discussion on authenticity and due execution, infra.
176
Republic Act No. 8436 (1997), Section 25, as amended by Republic Act No. 9369 (2007), Section 20.
177
Flauta v. COMELEC, G.R. No. 184586, 22 July 2009.

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

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

For this purpose, the Election Officer or the Provincial Election Supervisor shall provide the
RCG with the Project of Precincts of the city/municipality/district or the list of
municipalities/cities in the province, as the case may be. 178

144. 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 BOC Chairman and shall receive honoraria computed as
that of the BOC members. 179

145. 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;
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. 180

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

The RCG shall: 181

a. Receive from:

i. The BEI, the envelope containing the main memory card of PCOS labeled
“TRANSMITTED” or “NOT TRANSMITTED, and the envelopes containing
the printed copies of the ERs intended for the CBOC/MBOC;
ii. The CBOC/MBOC, the envelope containing the CD of the municipal/city
CCS labeled “TRANSMITTED” or “NOT TRANSMITTED”, and the envelope
containing the printed copy of the COC intended for the PBOC;

178
COMELEC Resolution No. 8809 (30 March 2010), Section 22.
179
COMELEC Resolution No. 8809 (30 March 2010), Section 22.
180
COMELEC Resolution No. 8809 (30 March 2010), Section 22.
181
COMELEC Resolution No. 8809 (30 March 2010), Section 23.

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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:

i. In the Project of Precincts, the corresponding precincts which have the
envelope containing the main memory card labeled “NOT
TRANSMITTED”;
ii. In the list of cities/municipalities, the corresponding cities/municipalities
which have the envelope containing the CD of the CCS labeled “NOT
TRANSMITTED”;

d. Log the following:

i. date and time of receipt;
ii. condition and the serial number of corresponding paper seal of the
envelope;
iii. the precinct number of the envelope containing the memory card;
iv. 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 labeled “NOT TRANSMITTED”;

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

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

h. Forward to the Board, the ballot boxes containing the ERs/ COCs and one (1) copy
of the list of precincts/ list of cities/municipalities/districts as marked; and

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

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147. How many copies of the COCPs and SOVs shall be produced and how will the copies
be distributed?

The Board shall generate and print sufficient copies of the COCP and SOV to be distributed
as follows: 182

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 the
SOV 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 ER/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:
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 be kept by the BOC Chairman;
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 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.

182
COMELEC Resolution No. 8809 (30 March 2010), Section 29.

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2. For the Winning Candidates for City Offices

2.1. Secretary of the Sangguniang Panlungsod;
2.2. CBOC Chairman;
2.3. COMELEC;
2.4. City Treasurer;
2.5. Regional Election Director;
2.6. Each of the winning candidates proclaimed; and
2.7. One (1) 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 SOVs by precinct shall be attached to the copies for the
Secretary of the Sangguniang Panlungsod, CBOC Chairman, and the
COMELEC.

PBOC 1. To the ERSD;
2. To the PBOC Chairman;
3. To the Secretary of the Sangguniang Panlalawigan;
4. To the Regional Election Director; and
5. To each of the winning candidates.

The COCP shall be signed and thumb marked by the PBOC Chairman
and members, and the watchers, if available.

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

148. May the COMELEC do an unofficial quick count separate from its designated citizen’s
arm?

No. The official and unofficial canvass, both to be administered by the COMELEC, would
most likely not tally. In the past elections, the "unofficial" quick count conducted by the
NAMFREL had never tallied with that of the official count of the COMELEC, giving rise to
allegations of "trending" and confusion. With a second "unofficial" count to be conducted
by the COMELEC in addition to its official count, allegations of "trending" would most
certainly be aggravated. As a consequence, the electoral process would be undermined.

As it stands, the COMELEC’s "unofficial" quick count would be but a needless duplication
of the NAMFREL’s "quick" count, an illegal and unnecessary waste of government funds
and effort. 183

183
Sixto S. Brillantes, Jr., et al. v. COMELEC, G.R. No. 163193, 15 June 2004.

AES 2010 HANDBOOK Page 63
149. 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 COCs at the expense of
the requesting party. 184

The BOC shall also furnish all other registered parties copies of the COCs at the expense of
the requesting party. 185

Any of the recipients of the printed or digital copies of the COCs and the supporting SOVs
may conduct an unofficial consolidation of votes and may announce the result thereof to
the public. 186

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

a. Immediately after the sixth (6th) copy of the COCs and its supporting SOVs are
printed, the BOC Chairman shall announce the posting of said copies on a wall
within the premises of the canvassing center, which must be sufficiently lighted
and accessible to the public. Any person may view or capture an image of the COC
or the supporting SOV by means of any data capturing device such as, but not
limited to, cameras at any time of the day for forty-eight (48) hours following the
posting.

b. After such period, the BOC Chairman shall detach the COC from the wall and keep
the same in his custody to be produced, as may be requested by any voter, for
image or data capturing or for any lawful purpose as may be ordered by competent
authority. 187

c. The COMELEC shall also post its digital files in its website for the public to view or
download at any time of the day. The COMELEC shall maintain the files for at least
three (3) years from the date of posting. 188

184
Republic Act No. 8436 (1997), Section 26, as amended by Republic Act No. 9369 (2007), Section 21.
185
Republic Act No. 8436 (1997), Section 26, as amended by Republic Act No. 9369 (2007), Section 21.
186
Republic Act No. 7166 (1991), Section 28, as amended by Republic Act No. 9369 (2007), Section 39.
187
Republic Act No. 8436 (1997), Section 26, as amended by Republic Act No. 9369 (2007), Section 21.
188
Republic Act No. 7166 (1991), Section 29, as amended by Republic Act No. 9369 (2007), Section 40.

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151. 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;
or more
legislative
districts, and
DBOC : COMELEC sitting as the
National BOC for Senator and
Party-List 189

152. How do BOCs safeguard hard copies of ERs or COCs, back-up CDs and CCS?

The BOCs shall place the ERs/COCs in ballot boxes that shall be locked with three (3)
padlocks and one (1) serially numbered self-locking seal. The BOC members shall each
keep a key to the three (3) padlocks. The serial number of every seal used shall be entered
in the Minutes.

The ballot boxes shall be kept in a safe and secured room before, during and after the
canvass. The door to the room shall be locked with three (3) padlocks with the keys thereof
kept by each BOC member.

The watchers shall have the right to guard the room. 190

189
COMELEC Resolution No. 8809 (30 March 2010), Section 30.
190
COMELEC Resolution No. 8809 (30 March 2010), Section 31.

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153. In addition to offenses already defined under the Omnibus Election Code, what other
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 an election offense 191:

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

154. What is the manner of authenticating Electronically Transmitted ERs?

The COMELEC shall authenticate the COCs on a showing that:

a. Each COC was executed, signed and thumb marked by the BOC Chairman and
members and transmitted or caused to be transmitted by them;

b. Each COC contains the names of all of the candidates for President and Vice-
President or Senator, as the case may be, and their corresponding votes in words
and in figures;

c. There exists no discrepancy in other authentic copies of the COC or in any of its
supporting documents such as the SOV by city/municipality or by precinct, or

191
COMELEC Resolution No. 8809 (30 March 2010), Section 32.

AES 2010 HANDBOOK Page 66
discrepancy in the votes of any candidate in words and figures in the certificate; 192
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 printed copies of ERs or COCs may be
used for the purpose of verifying the existence of the discrepancy. 193

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, 194 as well as the rules promulgated by the

192
Aquilino L. Pimentel III v. COMELEC, et al., G.R. No. 178413, 13 March 2008.
193
Republic Act No. 7166 (1991), Section 30, as amended by Republic Act No. 9369 (2007), Section 30; See also Aquilino L. Pimentel III v.
COMELEC, et al. , G.R. No. 178413, 13 March 2008.
194
Republic Act No. 8792 (2000), Section 11 states:

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

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

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

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

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

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

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

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

c.) By showing that the electronic data message or electronic document was recorded or stored in the usual and ordinary course of
business by a person who is not a party to the proceedings and who did not act under the control of the party using the record.

AES 2010 HANDBOOK Page 67
Supreme Court pursuant thereto, or A.M. NO. 01-7-01-SC. - Re: Rules on Electronic
Evidence. 195

E. Remedies
155. What issues may be raised during the consolidation/canvass?

Issues affecting the composition or proceedings of the BOCs may be initiated by filing a
verified petition before the BOC or directly with the COMELEC.

If the petition is filed directly with the BOC, its decision may be appealed to the COMELEC
within three (3) days from issuance thereof. However, if commenced directly with the
COMELEC, the verified petition shall be filed immediately when the BOC begins to act
illegally, or at the time of the appointment of the BOC member whose capacity to sit as
such is objected to. 196

156. 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.

157. What happens if the COCs, duly certified by the BOC of each province, city of district,
appears to be incomplete?

The Senate President or COMELEC Chairman shall require the BOC concerned to transmit,
by personal delivery, the ERs from polling places that were not included in the COC and
supporting statements.

Said ERs shall be submitted by personal delivery within two (2) days from receipt of
notice. 197

195
Republic Act No. 8436 (1997), Section 30, as amended by Republic Act No. 9369 (2007), Section 25; A.M. NO. 01-7-01-SC, Rule 5, Sec.
2 states:

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

(a) by evidence that it had been digitally signed by the person purported to have signed the same;
(b) by evidence that other appropriate security procedures or devices as may be authorized by the Supreme Court or by law for
authentication of electronic documents were applied to the document; or
(c) by other evidence showing its integrity and reliability to the satisfaction of the judge.
196
COMELEC Resolution No. 8809 (30 March 2010), Section 24.
197
Republic Act No. 7166 (1991), Section 30, as amended by Republic Act No. 9369 (2007), Section 37.

AES 2010 HANDBOOK Page 68
158. 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 on such COC or SOV, and may affect the result of the election, upon the request of
the presidential, vice-presidential or senatorial candidate concerned or his party, Congress
or COMELEC en banc, as the case may be, shall, for the sole purpose of verifying the actual
number of votes cast for President and Vice-President or Senator, count the votes as they
appear in the copies of the ERs submitted to it. 198

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

No. While formal defects may involve a violation of the rules governing the preparation
and delivery of ERs for canvassing, they do not necessarily affect the authenticity and
genuineness of the subject ERs as to warrant their exclusion from the canvassing. 199

As long as the ERs, which on their face, appear regular and wanting of any physical signs of
tampering, alteration, or other similar vice, such ERs cannot just be unjustifiably
excluded. 200

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

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

Yes. If the COMELEC, in the exercise of its duties under the Election Code, can require
BOCs to consider only genuine and authentic, not falsified, ERs, it can logically require
such BOCs to exclude from the canvass ERs that were actually the product of coercion,
even if they be clean in their face. An ER prepared at the point of a gun is no ER at all; it is
not one notch above a falsified or spurious ER. 201

198
Republic Act No. 7166 (1991), Section 30, as amended by Republic Act No. 9369 (2007), Section 37.
199
Ocampo v. COMELEC, G.R. No. 137470, 15 February 2000.
200
Ocampo v. COMELEC, G.R. No. 137470, 15 February 2000.
201
Rufino S. Antonio, Jr. v. COMELEC, G.R. No. L-31604, April 1970; See also Pacis v. Comelec, G.R. No. L-29026, 28 September 1968.

AES 2010 HANDBOOK Page 69
162. 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 the root cause and
initiate a manual count for those precincts affected by the computer or
procedural error. 202

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

Yes. The COMELEC is not precluded from conducting a manual count when the automated
counting system fails; for example, where the error in counting is not machine related or
where a manual count is reasonable, as it was the only way to count the decisive local
votes. 203 The Constitution gives the COMELEC the broad power "to enforce and administer
all laws and regulations relative to the conduct of an election, plebiscite, initiative,
referendum and recall." 204

In another instance, where the counting machine assigned to the municipality did not
reflect the true results of the voting, i.e. the votes were not reflected in the printout of the
ERs since per ERs of their precincts, the candidate voted for obtained "zero" and after a
verification of the printout of some ERs as against the official ballots, it was discovered
that votes cast in favor of a mayoralty candidate were credited in favor of the opponents, a
manual counting of the votes was allowed. 205

202
Republic Act No. 8436 (1997), Section 29, as amended by Republic Act No. 9369 (2007), Section 24.
203
Maruhom v. COMELEC, et al., G.R. No. 139357, 5 May 2000.
204
The 1987 Philippine Constitution, Article IX (C), Section 2(1).
205
Loong v. COMELEC, G.R. No. 133676, 14 April 1999.

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164. 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 has 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 in its
canvass, 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. 206

165. 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.

The COMELEC can call for the holding or continuation of election by reason of failure of
election only when the election is not held, is suspended, or results in a failure to elect. The
latter phrase, in turn, must be understood in its literal sense, which is "nobody was
elected." 207

166. 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, the
COMELEC may call for the holding or continuation of the election not held, suspended, or
which resulted in a failure to elect but not later than thirty (30) days after the cessation of
the cause of such postponement or suspension of the election or failure to elect. 208

206
Batas Pambansa Blg. 881 (1985), Section 6.
207
Borja v. COMELEC, G.R. No. 120140, 21 August 1996.
208
Batas Pambansa Blg. 881 (1985), Section 6.

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167. 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. 209

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

Before the COMELEC can act on a verified petition seeking to declare a failure of election
two (2) conditions must concur, namely:

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

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

Note that the cause of such failure of election could only be any of the following: force
majeure, violence, terrorism, fraud, or other analogous causes. 210

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

The COMELEC, sitting en banc, may call a special election. 211

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

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 212, in
accordance to the following procedure 213:

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

209
Batas Pambansa Blg. 881 (1985), Section 6; Republic Act No. 7166 (1991), Section 4.
210
Banaga v. COMELEC, GR No. 134696, July 31, 2000.
211
Republic Act No. 7166 (1991), Section 4.
212
Republic Act No. 7166 (1991), Section 17; See also Aquilino L. Pimentel III v. COMELEC, et al., G.R. No. 178413, 13 March 2008.
213
Republic Act No. 7166 (1991), Section 20.

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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 BOC Chairman affixing his signature at the back of each
every page thereof.

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

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

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

g. Immediately upon receipt of the notice of appeal, the BOC shall make an
appropriate report to the COMELEC, elevating therewith the complete records
and evidence submitted in the canvass, and furnishing the parties with copies of
the report.

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

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

j. The BOC shall not proclaim any candidate as winner unless authorized by the
COMELEC after the latter has ruled on the objection brought to it on appeal by the

AES 2010 HANDBOOK Page 73
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 CBOC or MBOC, or on the municipal COCs
before the PBOC or district BOC in Metro Manila Area, shall be specifically noticed
in the Minutes of their respective proceedings." 214

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

Questions affecting the composition or proceedings of the BOC may be initiated in the
BOC or directly with the COMELEC. 215

Parties adversely affected by a ruling of the BOC on questions affecting the composition or
proceedings of the BOC may appeal the matter to the COMELEC within three (3) days
from the ruling on such objection. The COMELEC shall summarily decide the case within
five (5) days from its filing. 216

172. What is the consequence if a person presents in evidence a simulated copy of an ER,
COC or SOV, or a printed copy of an ER, COC or SOV bearing a simulated certification
or a simulated image?

Any person who presents in evidence a simulated copy of an ER, COC, or SOV, or a printed
copy of an ER, COC, or SOV bearing a simulated certification or a simulated image shall be
guilty of an election offense and shall be penalized in accordance with the Omnibus
Election Code. 217

See also section on Electoral Sabotage.

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

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

The BOC is a ministerial body. It is enjoined by law to canvass all votes on ERs submitted to
it in due form. Its powers are "limited generally to the mechanical or mathematical
function of ascertaining and declaring the apparent result of the election by adding or

214
Republic Act No. 7166 (1991), Section 15, as amended by Republic Act No. 9369 (2007), Section 38.
215
Republic Act No. 7166 (1991), Section 15, as amended by Republic Act No. 9369 (2007), Section 38.
216
Republic Act No. 7166 (1991), Section 19.
217
Republic Act No. 7166 (1991), Section 30, as amended by Republic Act No. 9369 (2007), Section 37.

AES 2010 HANDBOOK Page 74
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.” 218

Neither the Constitution nor statute has granted the COMELEC or the BOCs the power, in
the canvass of ERs, to look beyond the face of these ERs once satisfied of their
authenticity. 219

218
Abes v. COMELEC, G.R. No. L-28348, 15 December 1967; See also Sanchez v. COMELEC, G.R. No. L-78461, 12 August 1987.
219
Abes v. COMELEC, G.R. No. L-28348, 15 December 1967; See also Sanchez v. COMELEC, G.R. No. L-78461, 12 August 1987.

AES 2010 HANDBOOK Page 75
X. PRE-PROCLAMATION CONTROVERSIES

174. What are pre-proclamation controversies?

Pre-proclamation controversies refer to any question about the composition and
proceedings of the BOC. 220 After the proclamation, a controversy becomes an election
contest.

175. 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.

176. 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 221:

a. Illegal composition or proceedings of the BOC; 222
b. Illegal proceedings of the BOC; 223
c. The canvassed ERs contain discrepancies in the same returns or in other
authentic copies; 224
d. When the ERs are delayed, lost, or destroyed; 225
e. The ERs 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.

177. 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 the ERs or the
COCs. 226

220
Batas Pambansa Blg. 881 (1985), Section 241; See also COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 6.
221
COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 3, Section 1, which eliminates the following grounds under Batas
Pambansa Blg. 881 (1985), when the Resolution clearly stated that the basis of the canvass shall be electronically transmitted results,
and not the Printed Election Returns:
a. The canvassed ER are incomplete,
b. The canvassed ER contain material defects,
c. The canvassed ER appears to be tampered with or falsified.
222
Batas Pambansa Blg. 881 (1985), Section 243; COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 3, Section 1.
223
Batas Pambansa Blg. 881 (1985), Section 243; COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 3, Section 1.
224
Batas Pambansa Blg. 881 (1985), Section 243.
225
Batas Pambansa Blg. 881 (1985), Section233.

AES 2010 HANDBOOK Page 76
178. 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 a pre-proclamation controversy is limited to
the issues enumerated under the COMELEC’s General Instructions and under Sections 233
and 243 of the Omnibus Election Code. Such an enumeration of the issues that may be
raised in a pre-proclamation controversy is restrictive and exclusive. 227

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

There is an illegal composition of the BOC when, among other similar circumstances, any
of the members do not possess legal qualifications and appointments. 228 (See BOC
Composition Table)

180. Will the CCS Operator’s qualifications be included in the consideration of an illegal
composition of the BOC?

Yes. The information technology-capable person required to assist the BOC by Republic
Act No. 9369 shall be included as among those whose lack of qualifications may be
questioned. 229

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

There is an illegal proceeding of the BOC when the canvassing is a sham or mere
ceremony, the results of which are pre-determined and manipulated. 230

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

Any of the following circumstances indicate an illegal proceeding of the BOC 231:

a. hurried canvassing,
b. terrorism,
c. lack of sufficient notice to the members of the BOCs, and
d. Improper venue

183. May challenges against proceedings of the BEI be subject of a pre-proclamation case?

No. Pre-proclamation cases are limited to challenges directed against the BOC, not the
BEI. 232

226
COMELEC Resolution No. 8809 (30 March 2010), Section 24.
227
Ututalum vs. COMELEC, G.R. No. 84843-44,22 January 1990; citing Bautista vs. COMELEC, G. R. No. 78994, 10 March 1988.
228
COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4.
229
COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 1.
230
COMELEC Resolution No. 8804 (March 22, 2010), Part II, Rule 4, Section 2.
231
COMELEC Resolution No. 8804 (March 22, 2010). Part II, Rule 4, Section 2.
232
Ututalum vs. COMELEC, G.R. No. 84843-44, 22 January 1990.

AES 2010 HANDBOOK Page 77
184. 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. 233

185. 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. 234

186. 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, and
• The right to obtain a copy of the SOV per precinct and a copy
of the COC duly authenticated by the BOC.

187. 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.

188. 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 BOC. 235

233
Espaldon vs. COMELEC, L-78987, 25 August 1987.
234
Batas Pambansa Blg. 881 (1985), Section 241, as amended by COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 3, Section
1.
235
COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 3.

AES 2010 HANDBOOK Page 78
189. 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 236:

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 after the canvassing, at the
time of his/her appointment.

b.For illegal proceedings: When the proceedings become illegal 237.

236
COMELEC Resolution No. 8804 (22 March, 2010), Part II, Rule 4, Section 4.
237
COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 4.

AES 2010 HANDBOOK Page 79
190. What are the procedures in initiating and resolving pre-proclamation cases?

If filed directly with the BOC: 238

Petitioner Board of Canvassers (BOC) COMELEC

BOC announces
Submit
filing and grounds
Petition
raised

BOC deliberates
on the Petition

BOC issues a
written resolution

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

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

Figure 23: Preproclamation Cases Filed Directly with BOC
238
COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 5 (a).

AES 2010 HANDBOOK Page 80
If filed directly with the COMELEC: 239

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
191. 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
239
COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 5 (b).

AES 2010 HANDBOOK Page 81
192. 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. 240

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

No. The notice of appeal on the BOC shall not suspend the formal proclamation of the
official results of the election until the final resolution of the appeal. 241

194. 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. 242

195. Who hears and decides pre-proclamation cases?

Pre-proclamation cases are heard and decided by the COMELEC 243. However candidates
in the Presidential, Vice-Presidential, Senatorial and Congressional Elections are
prohibited from filing pre-proclamation cases. 244

196. 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: 245

a. Correction of manifest errors;
b. Questions affecting the composition or proceedings of the BOC; 246 and
c. Determination of the authenticity and due execution of the COCs.

197. 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 247

240
COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 5 (a) (4).
241
COMELEC Resolution No. 8804 (22 March 2010), Part II, Rule 4, Section 5 (a) (5).
242
Cordero vs. COMELEC, G.R. No. 134826, 6 July 1999.
243
Batas Pambansa Blg. 881 (1985), Section 242.
244
Republic Act No. 7166 (1991), Section 15.
245
Pimentel vs. COMELEC, G.R. No. 178413, 13 March 2008.
246
Republic Act No. 7166 (1991), Section 15, Republic Act No. 7166 (1991), as amended by Republic Act No. 9369 (2007), Section 38.
247
Sandoval vs. COMELEC, G.R. No. 133842, 26 January 2000; citing Reyes vs. COMELEC, G.R. No. 52699, 15 May 1980.

AES 2010 HANDBOOK Page 82
198. 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. 248

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

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

200. What are the remedies that may be afforded in a pre-proclamation case?

a. Recount of votes, 249
b. Annulment of proclamation, when the BOC failed to issue a timely ruling, 250
c. Termination of canvassing and proclamation of the elected candidates on the basis
of the available ERs if the missing ERs will not affect the results of the election, in
case of delayed ERs. 251

201. When may a recount of canvass votes be done?

A clear showing, after a hearing, that the ER canvassed: 252

a. appear to have been tampered with, falsified or prepared under duress;
b. contain discrepancies in the votes credited to any candidate, the difference of
which affects the result of the election.

202. When will a proclamation be annulled on the basis of a pre-proclamation controversy?

A proclamation may be annulled when the BOC fails to issue a timely ruling on the
controversy, depriving the complainant an opportunity to appeal. 253

203. 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 254

248
Sandoval vs. COMELEC, G.R. No. 133842, 26 January 2000.
249
Chavez vs. COMELEC, G.R. No. 1055323, 3 July 1992.
250
Sema vs. COMELEC, G.R. No. 134163-64, 13 December 2000.
251
Batas Pambansa Blg. 881 (1985), Section 233.
252
Chavez vs. COMELEC, G.R. No. 1055323, 3 July 1992; citing Sanchez v. Commission on Elections, G.R. No. L-78461, 12 August 1987.
253
Sema vs. COMELEC, G.R. No. 134163-64, 13 December 2000.
254
Chu vs. COMELEC, G.R. No. 135423, 29 November,1999.

AES 2010 HANDBOOK Page 83
204. 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. Doing so deprives the parties and the BOC the opportunity to refute
them 255

255
Velayo vs. COMELEC, G.R. No. 135613,9 March 2000.

AES 2010 HANDBOOK Page 84
XI. ELECTION PROTEST and QUO WARRANTO
205. 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.

206. What is an election protest?

It is a procedure to contest the election or the return of an elective official. 256

207. 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. 257

The losing candidate who is filing an election protest against an elective regional,
provincial or city official must have received the second or third highest number of votes,
or, in a multi-slot position, was among the next four candidates following the last ranked
winner proclaimed, as reflected in the official results of the election contained in the
SOV. 258

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

A petition for election protest shall be filed within ten (10) days after the proclamation of
the results of the election. 259 However, the pendency of a pre-proclamation controversy
involving the validity of the proclamation shall suspend the running of the period to file an
election protest. 260

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

Yes. Protestants or counter-protestants are required to pay a filing fee of Ten Thousand
Pesos (Php 10,000). If there are claims for damages and attorney’s fees, additional filing
fees shall be required in accordance with the schedule provided for in Rule 141 of the Rules
of Court. 261

256
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 6, Section 2.
257
Batas Pambansa Blg. 881 (1985), Section 250, 251 and 252.
258
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 6, Section 2.
259
Batas Pambansa Blg. 881 (1985), Section 250, 251 and 252.
260
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 6, Section 6.
261
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 11, Section 1.

AES 2010 HANDBOOK Page 85
210. Aside from the filing fees, are there any other filing costs that the protestant must
bear?

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

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
Twenty-five Thousand Pesos (Php 25,000.00), to be paid upon the filing of the
election protest/counter-protest;

b. If the amount to be deposited does not exceed One Hundred Thousand Pesos (Php
100,000), the same shall be paid in full within ten (10) days after the filing of the
protest; and

c. If the deposit exceeds One Hundred Thousand Pesos (Php 100,000), a cash deposit
in the amount of One Hundred Thousand Pesos (Php 100,000) shall be made
within ten (10) days after the filing of the protest.

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

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. 262

262
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 11, Section 2.

AES 2010 HANDBOOK Page 86
Position Jurisdiction Appeal Applicable Procedure

President and Supreme Court en banc 263 - 2005 Rules of the
Vice-President Presidential Electoral
Tribunal

Senators Senate Electoral Tribunal - Revised Rules of the
(SET) 264 Senate Electoral Tribunal
dated 12 November 2003

Members of the House of Representatives - 1998 Rules of the House
House of Electoral Tribunal (HRET) 265 of Representatives
Representatives Electoral Tribunal, as
amended

Regional, COMELEC 266 - 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) 267 whose decision
will be final,
executory and
non-
appealable 268

211. What are the jurisdictional facts that must be alleged in an election protest?

Before the proper court or tribunal may exercise special jurisdiction in election protests,
the following jurisdictional facts must be alleged in an election protest:

a. That the protestant was a candidate who has duly filed a certificate of candidacy
and was voted upon in the election;
b. That the protestee has been proclaimed in the said election; and
c. That the petition was filed within ten (10) days after the proclamation. 269

263
The 1987 Philippine Constitution, Article VII, Section 4.
264
The 1987 Philippine Constitution, Article VI, Section 17.
265
The 1987 Philippine Constitution, Article VI, Section 17.
266
The 1987 Philippine Constitution, Article IX(C), Section 2; Batas Pambansa Blg. 881 (1985), Section 249 and 250.
267
Batas Pambansa Blg. 881 (2007), Section 251.
268
The 1987 Philippine Constitution, Article VI, Section 17; Article VII, Section 4; and Article IX(C), Section 2; Republic Act No. 7166
(1991), Section 22.
269
San Juan v. Cerilles, HRET Case No. 04-007, 17 February 2005.

AES 2010 HANDBOOK Page 87
212. 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. 270

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

Within forty-eight (48) hours from receipt of the answer with counter-protest, if any, and
whenever the allegations in a protest or counter-protest so warrant, the COMELEC shall
order the ballot boxes with their keys, lists of voters with voting records, books of voters,
the electronic data storage devices, and other documents, paraphernalia, or equipments
relative to the precincts involved in the protest or counter-protest, to be brought before
it. 271

The recount of ballots shall commence on the date specified in the preliminary conference
order. 272

214. Who can file a petition for quo warranto?

Any voter can file a sworn petition for quo warranto. 273

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

A petition for quo warranto shall be filed within ten (10) days after the proclamation of the
results of the election. 274

270
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 12, Section 1.
271
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 12, Section 2.
272
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 15, Section 1.
273
Batas Pambansa Blg. 881 (1985), Section 253.
274
Batas Pambansa Blg. 881 (1985), Section 253.

AES 2010 HANDBOOK Page 88
216. To whom should the quo warranto 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 Presidential
Vice-President banc 275 Electoral Tribunal

Senators SET 276 - Revised Rules of the Senate
Electoral Tribunal dated 12
November 2003

Members of the HRET 277 - 1998 Rules of the House of
House of Representatives Electoral Tribunal,
Representatives as amended

Regional, COMELEC 278 - COMELEC Resolution No. 8804 [22
provincial and city March 2010] and COMELEC Rules of
officials Procedure dated 15 February 1993

217. 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 the execution of the judgment to issue even before the expiration of the
time to appeal, upon good reasons which should be stated in a special order.

The following constitute "good reasons," and a combination of two or more of them will
suffice to grant execution pending appeal:

a. the public interest involved or the will of the electorate;
b. the shortness of the remaining portion of the term of the contested office; and
c. the length of time that the election contest has been pending. 279

218. Is it possible to suspend or toll the running of the 10-day period for the filing of an
election protest or quo warranto?

The filing of a petition to annul or to suspend the proclamation of any candidate with the
COMELEC shall toll or suspend the running of the 10-day period, respectively. 280

275
The 1987 Philippine Constitution, Article VII, Section 4.
276
The 1987 Philippine Constitution, Article VI, Section 17.
277
The 1987 Philippine Constitution, Article VI, Section 17.
278
The 1987 Philippine Constitution, Article IX(C), Section 2; Batas Pambansa Blg. 881 (1985), Section 253.
279
Ramas et. al. v. COMELEC et. al., GR No. 130831 , 10 February 1998.

AES 2010 HANDBOOK Page 89
219. 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. 281

220. What are the differences between an 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

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

With the death of the protestant, there is no longer a protestant to speak of. A claim to a
public office is personal to the protestant and, therefore, cannot pass on to his widow or
other heirs. In which case, the petition will be dismissed. 282

222. 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
scenarios 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.

280
Batas Pambansa Blg. 881 (1985), Section 248; See also Tan and Burahan v. COMELEC, GR Nos. 166143-47, 20 November 2006.
281
Batas Pambansa Blg. 881 (1985), Section 258.
282
Abadilla v. Aban, HRET Case No. 95-005, 11 September 1996; See also Poe v. Macapagal-Arroyo, P.E.T. Case No. 002, 29 March 2005.

AES 2010 HANDBOOK Page 90
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, the election irregularities may be fully
ventilated and properly adjudicated by the competent tribunal. 283

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

Yes. The proper tribunal/court’s jurisdiction over a quo warranto proceeding and a protest
proper can be exercised jointly and in the same proceeding. 284

224. 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. 285

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

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

To prove this, one may:

a. Show miscounting and/or misappreciation of votes in a process called revision of
ballots, wherein the ballot boxes and their contents, especially the ballots, are
opened, re-counted and re-examined; and

b. Proving that certain votes of the protestee are invalid, because, among other
things, the ballots were cast under duress or that the ballots were cast by persons
other than the registered voters. 286

226. 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 the completion of the recount of ballots,
or re-tabulation of election documents, or the technical examination, if warranted.

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

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;

283
Tan and Burahan v. COMELEC, G.R. Nos. 166143-47, 20 November 2006.
284
Loyola v. Dragon, HRET Case No. 92-026, 31 January 1994.
285
Batuhan v. Cuenco, HRET Case No. 01-032,22 January 2004.
286
Loyola v. Dragon, HRET Case No. 92-026, 31 January 1994.

AES 2010 HANDBOOK Page 91
c. The parties may then respectively offer rebutting the 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 sub-rebuttal evidence shall be allowed. 287

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

In an election contest where what is involved is the correctness of the number of votes of
each candidate, the best and most conclusive evidence are the ballots themselves. But
where the ballots cannot be produced, were tampered, or are not available, the ERs would
be the best evidence. 288

While the ballots are the best evidence of the manner in which the electors have voted,
they are the best evidence only when their integrity can be satisfactorily established. One
who relies, therefore, upon overcoming the prima facie correctness of the official canvass
by a resort to the ballots, must first show that the ballots are intact and genuine. Once this
is shown, the burden of proof shifts to the protestee of establishing that the ballots have in
fact been tampered with, or that they have been exposed under such circumstances that a
violation of them might have taken place. 289

228. 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. 290

229. 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. 291

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.

287
COMELEC Resolution No. 8804 (22 March 2010), Part III, Rule 18, Section 1.
288
Lerias v. HRET, GR No. 97105, 15 October 1991.
289
Rosal v. COMELEC, GR No. 168253 & 172741, 16 March 2007.
290
COMELEC Resolution No. 8804 (22 March 2010), Part IV, Rule 21, Section 1.
291
COMELEC Resolution No. 8804 (22 March 2010), Part IV, Rule 22, Section 1 and Section 2.

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

Yes. The petitioner may be granted actual or compensatory damages. 292 The propriety of
the award of damages in favor of the protestant as against the protestee hinges on
whether or not the protestee committed an actionable wrong which could serve as basis
for the award. The mere fact that a protestant (or a plaintiff, for that matter) wins in an
adversarial proceeding does not automatically result in an award for damages against the
protestee (or defendant).

Conversely, if the protestant had lost in the protest, it also does not automatically result in
damages in favor of the protestee, otherwise, it will discourage the parties from seeking
redress of grievances. Therefore, the prevailing party to be entitled to damages involves
an independent determination based on the facts and the law on damages. 293

231. Are there any legal presumptions in appreciating the ballots and the ERs as evidence?

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

Therefore, the tally boards and the ERs are prima facie evidence of the true results of
election in a precinct and the party who, in an election contest, impugns the election in any
precinct, has the burden of proving that the tally boards and the ERs are inaccurate or
false. 294

292
Batas Pambansa Blg. 881 (1985), Section 259.
293
Randa v. Libardos, EAC No. 210-94, 24 August 1995; See also Malaluan v. COMELEC, GR No. 120193, 6 March 1996.
294
Batuhan v. Cuenco, HRET Case No. 01-032, 22 January 2004.

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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 contain all the incidents that transpired before the BEI.
b.) On election paraphernalia:

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

• 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.

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XII. ELECTION OFFENSES
232. 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).

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

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

If the one responsible is a political party or an entity, the president or head, the officials
and employees of the same who performed duties connected with the offense committed
and its members who may be principals, accomplices, or accessories shall be liable, in
addition to the liability of such party or entity. 295

234. What are the exemptions to the prohibition on selling, furnishing, offering, buying,
serving or taking intoxicating liquor on the days fixed by law for the registration of
voters in the polling place, or on the day before the election or on election day? 296

Hotels and other establishments duly certified by the Ministry of Tourism as tourist-
oriented and habitually in the business of catering to foreign tourists may be exempted for
justifiable reasons upon prior authority of the COMELEC. Foreign tourists taking
intoxicating liquor in said authorized hotels or establishments are exempted.

235. 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. 297 The first registration of any voter
subsists but any subsequent registration thereto is void ab initio. 298 The mere act of
requesting for cancellation is insufficient, the COMELEC must first act on the request for
cancellation. 299

236. What is the additional penalty to the election offense of refusal to carry election
mail matter?

Such refusal shall constitute a ground for cancellation or revocation of certificate of public
convenience or franchise.

295
Batas Pambansa Blg. 881 (1985), Section 263.
296
Batas Pambansa Blg. 881 (1985), Section 261 (dd) (1).
297
Batas Pambansa Blg. 881 (1985), Section 261 (y) (5).
298
Maruhom v. Comelec, G.R. No. 179430, 27 July 2009 citing Comelec Minute Resolution No. 00-1513.
299
Maruhom v. Comelec, G.R. No. 179430, 27 July 2009 citing Comelec Minute Resolution No. 00-1513.

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237. 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.

238. What is the procedure for the investigation of Vote-Buying and Vote-Selling?

A complaint for vote-buying and vote-selling must be presented. The complaint must be
supported by affidavits of complaining witnesses attesting to the offer or promise by or of
the voter’s acceptance of money or other consideration from the relatives, leaders or
sympathizers of a candidate. The COMELEC will then immediately conduct an
investigation, directly or through its duly authorized legal officers. 300

239. Who are liable for the offense of Vote-Buying and Vote-Selling?

The giver, offeror, and promisor, as well as the solicitor, acceptor, recipient and
conspirator shall be liable as principals.

Any person, otherwise guilty under said paragraphs who voluntarily gives information and
willingly testifies on any violation thereof in any official investigation or proceeding shall
be exempt from prosecution and punishment for the offenses with reference to which his
information and testimony were given, provided that nothing herein shall exempt such
person from criminal prosecution for perjury or false testimony.

240. Will the presence of the form or name in the book of voters or certified list of voters
in other precincts justify the failure to include the approved application form for
registration of a qualified voter in the book of voters of a particular precinct that
prevents the voter from casting his votes as an election offense? Will the presence of
the form or name in the book of voters or certified list of voters in other precincts
justify the omission of the name of a duly registered voter in the certified list of
voters of the precinct where he is duly registered resulting in his failure to cast his
vote during an election, plebiscite, referendum, initiative and/or recall? 301

No to both. The presence of the form or name in the book of voters or certified list of
voters in precincts other than where he is duly registered shall not be used as an excuse for
the election offenses mentioned.

241. When is there a disputable presumption of conspiracy in Vote-Buying and Vote-
Selling?

Proof that at least one (1) voter in different precincts representing at least twenty percent
(20%) of the total precincts in any municipality, city or province has been offered,
promised or given money, valuable consideration or other expenditure by a candidate’s

300
Batas Pambansa Blg. 881 (1985), Section 68 or Section 265.
301
Republic Act No. 8189 (1996), Section 45 (h).

AES 2010 HANDBOOK Page 96
relatives, leaders and/or sympathizers for the purpose of promoting the election of such
candidate, shall constitute a disputable presumption of a conspiracy. 302

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.

242. 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. 303

243. When are election offenses considered as electoral sabotage?

Electoral Sabotage
The following acts shall constitute electoral sabotage 304:

• 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.

302
Batas Pambansa Blg. 881 (1985), Section 261 (b).
303
Penera v. COMELEC, G.R. No. 181613, 25 November 2009; See also Republic Act No. 8436, Section 15, as amended by Republic Act
No. 9369 (2007), Section 13.
304
COMELEC Resolution No. 8809 (30 March 2010), Section 32.

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244. What acts are not considered election offenses?

a. Denial of the Right to be Present and to Counsel During the Canvass; 305
b. Entry of the Canvassing Room by security or armed personnel; 306
c. Filling a vacancy for councilor during the election ban; 307 and
d. Premature campaigning. 308

245. Are the acts considered unlawful by pertinent election laws also necessarily
considered election offenses?

Not necessarily. Often times the liability is administrative only. Under Section 2, Article IX-
C of the Constitution, the COMELEC may recommend to the President the imposition of
disciplinary action on any officer or employee the COMELEC has deputized for violation of
its directive, order or decision. Also, under the Revised Administrative Code, the
COMELEC may recommend to the proper authority the suspension or removal of any
government official or employee found guilty of a violation of election laws or failure to
comply with COMELEC orders or rulings. 309

246. Must the deadly weapon be seized from the accused while inside a precinct or within
100 meters thereof to sustain a conviction for illegally carrying a deadly weapon
inside a precinct?

No. It is enough that he carried the deadly weapon “in the polling place or within 100
meters thereof” during any of the specified period to sustain a conviction for illegally
carrying a deadly weapon inside a precinct. 310

247. What are the elements of the election offense “transfer or detail of officers and
employees in the civil service”?

a. The fact of transfer or detail of a public officer or employee within the election
period as fixed by the COMELEC; and
b. The transfer or detail was done without prior approval of the COMELEC in
accordance with its implementing rules and regulations.

305
Malinias v. COMELEC, G.R. No. 146943, 4 October 2002 in relation to Republic Act No. 6646, Section 25.
306
Malinias v. COMELEC, G.R. No. 146943, 4 October 2002 in relation to Batas Pambansa Blg. 881, (1985), Section 232.
307
Ong v. Herrera-Martinez, G.R. No. 87743, 21 August 1990,“The permanent vacancy for councilor exists and its filling up is governed by
the Local Government Code while the appointment referred to in the election ban provision is covered by the Civil Service Law.”
308
Penera v. COMELEC, G.R. No. 181613, 25 November 2009; See also Republic Act No. 8436 (1997), Section 15, as amended by
Republic Act No. 9369 (2007), Section 13.
309
Malinias v. COMELEC, G.R. No. 146943, 4 October 2002.
310
Mappalal v. Nunez, A.M. No. RTJ-94-1208, 26 January 1995.

AES 2010 HANDBOOK Page 98
248. Where should the 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, the investigation of such complaints may be delegated to any of their
assistants. 311

249. 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. 312

250. Who has the exclusive power to conduct preliminary investigations of election
offenses?

The COMELEC used to have the exclusive power to conduct preliminary investigations of
election offenses. 313

However, presently, the COMELEC shall, through its duly authorized legal officers, have
the power, concurrent with the other prosecuting arms of the government, to conduct
preliminary investigation of all election offenses punishable under this Code, and
prosecute the same. 314 Republic Act No. 9369 Section 43 seems to overturn earlier
jurisprudence.

311
COMELEC Rules of Procedure, Rule VI, Section 1; See also Corpus v. Tanodbayan, G.R. No. L-62075, 15 April 1987, Kilosbayan v.
COMELEC, G.R. No. 128054, 16 October 1997.
312
COMELEC v. Noynay, G.R. No. 132365, 9 July 1998.
313
People v. Inting, G.R. No. 88919, 25 July 1990.
314
Batas Pambansa Blg. 881 (1985), Section 265, as amended by Republic Act No. 9369 (2007) Section 43.

AES 2010 HANDBOOK Page 99
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

AES 2010 HANDBOOK Page a
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;  The chairman or any member of the board of
ballot; xv
election inspectors who signs or authenticates a
 Accepting an appointment to the board of
election inspectors or the board of
 Any member of the board of election print of the election return outside of the polling
inspectors charged with the duty of tallying place; xxiii
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
other prescribed form who deliberately fails to
who, being ineligible for appointment; xiii 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
COMELEC although he was present during posted on the wall; xxiv
the meeting of the said body;
xiv  Any member of a board of election inspectors
who has made possible the casting of more  Failure to properly distribute the copies of ER ; xxv
votes than there are registered voters; xvii  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
canvassers; xviii
 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
of election inspectors or board of canvassers; xx
 Refusing to issue to duly accredited watchers
AES 2010 HANDBOOK Page b
Annex 1: ELECTION OFFENSES

Pre-Election Offenses Election Offenses Post-Election Offenses
the certificate of votes provided in Section 16
of Republic Act No. 6466 by any member of
the board of election inspectors or board of
canvassers; xxi

AES 2010 HANDBOOK Page c
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
member of the board of canvassers; xxix
 Proceeding with the canvass of votes and/or proclamation of any candidate
in the absence of quorum, or without giving due notice of the date, time and
place of the meeting of the board to the candidates, political parties, and/or
other members of the board, by any member of the board of canvassers; xxx
 Using in the canvass of votes and/or proclamation of any candidate any
document other than the official copy of the ER , without authority of the
COMELEC , by any member of the board of canvassers; xxxi
 Deliberately absenting himself from the meetings of said body for the
purpose of obstructing or delaying the performance of its duties or functions,
by any member of the boards of election inspectors and boards of
canvassers; xxxii
 Refusing to sign certify any election form required by this Code or prescribed
by the COMELEC although he was present during the meeting of the said
body; xxxiii
 Tampering, increasing or decreasing the votes received by a candidate in any
election (election sabotage); xxxiv
 Refusing, after proper verification and hearing, to credit the correct votes or
deduct such tampered votes by any member of the board of election
inspectors or board of canvassers; xxxv
 Failing to comply with the manner of counting votes; xxxvi

AES 2010 HANDBOOK Page d
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
service; xxxviii his behalf;
 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; official or person acting in his behalf;
li

 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
public official or person acting in his behalf; xli 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
public official or person acting in his behalf; xlii
 Appointment or use of special policemen,
special agents, confidential agents of the
like; xliii
 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
campaign; xlv
 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

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Annex 1: ELECTION OFFENSES

Pre-Election Offenses Election Offenses Post-Election Offenses
public officer or any person acting in his
xlvii
behalf;
 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
officer concerned; xlviii

AES 2010 HANDBOOK Page f
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
 Conspiracy to bribe voters; liv fraudulent device or other forms of manner as to interrupt or disrupt the work
coercion; cxv or proceedings to the end of preventing
 Unlawful electioneering; lv the board of election inspectors or board
 Coercion of election officials and of canvassers during any of its meetings
 Dismissal of employees, laborers, or tenants; lvi employees; cxvi from performing its functions, either
 Deliberately imprinting or causing the imprinting of  Deadly weapons (in the polling place or a partly or totally; 315
blurred or indistinct fingerprints on any of the copies of radius of 100 meter therof); cxvii  Removing or defacing the ER posted
316
the application for registration or on the voter's on the wall;
affidavit; lvii  Carrying firearms outside residence or
place of business; cxviii  Simulation of an election return; 317
 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
318
imprinting of blurred or indistinct fingerprints on any of of an election return;
the aforementioned registration forms; lviii  Wearing of uniforms and bearing arms; cxx
 Refusing to present for perusal its copy
 Carrying firearms outside residence or place of business;
lix
 Policemen and provincial guards acting as of election return to the board of
bodyguards or security guards; cxxi canvassers, by the citizens' arm;
319
 Use of armored land, water or air craft; lx
 Wearing of uniforms and bearing arms; lxi
 Availing himself of any means of scheme  Presenting of tampered or spurious ER
320
to discover the contents of the ballot of a by the citizens' arm;
 Policemen and provincial guards acting as bodyguards or voter who is preparing or casting his vote
security guards; lxii or who has just voted; cxxii  Refusing or failing to provide the
lxiii
dominant majority and dominant minority
 Wagering upon result of election;  Arresting or detaining a voter without parties or the citizens' arm their copy of
 Organization or maintenance of reaction forces, strike lawful cause; cxxiii ER ; 321
lxiv
forces, or other similar forces;  Molesting a voter in such a manner as to
 Release, disbursement or expenditure of public funds; lxv obstruct or prevent him from going to the
polling place to cast his vote or from

315
Batas Pambansa Blg. 881 (1985), Section 261 (bb) (4).
316
Batas Pambansa Blg. 881 (1985), Section 212 (a), as amended by Republic Act No. 9369 (2007), Section 32.
317
Batas Pambansa Blg. 881 (1985), Section 212 (b); See also Republic Act No. 7166 (1991), Section 30 as amended by Republic Act No. 9369 (2007), Section 37.
318
Batas Pambansa Blg. 881 (1985), Section 212 (c).
319
Republic Act No. 8436 (1997), Section 35 (d), as amended by Republic Act No. 9369 (2007), Section 28.
320
Republic Act No. 8436 (1997), Section 35 (e), as amended by Republic Act No. 9369 (2007), Section 28.
321
Republic Act No. 8436 (1997), Section 35 (f), as amended by Republic Act No. 9369 (2007), Section 28.

AES 2010 HANDBOOK Page g
Annex 1: ELECTION OFFENSES

Pre-Election Offenses Election Offenses Post-Election Offenses
 Construction of public works, delivery of materials for returning home after casting his vote; cxxiv
public works and issuance of treasury warrants and
similar devices; lxvi  Compelling a voter to reveal how he
voted; cxxv
 Tampering with the fingerprints in said registration
records; lxvii  Propagating false and alarming reports or
information or transmits or circulates false
 Tampering with or changing without authority any data orders, directives or messages regarding
lxviii
or entry in any voter's application for registration; any matter relating to the printing of
 Delaying, hindering or obstructing another from official ballots, the postponement of the
registering; lxix election, the transfer of polling place or the
general conduct of the election, for the
 Falsely certifying or identifying another as a bona fide purpose of disrupting or obstructing the
resident of a particular place or locality for the purpose of election process or causing confusion
securing the latter's registration as a voter; lxx among the voters; cxxvi
 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
has not been approved; form or document or ballot box which
 Removing from, or otherwise taking out of the book of contains official ballots or other
voters or the provincial or national central files of documents used in the election, without
registered voters any duly approved voter's application, legal authority; cxxvii
except upon lawful order of the COMELEC , or of a
competent court or after proper cancellation; lxxii
 Opening or destroying the ballot box
containing the official ballots used in the
 Transferring or causing the transfer of the registration election or removes or destroys its
record of a voter to the book of voters of another polling contents without or against the order of
place, unless said transfer was due to a change of address the COMELEC , by the person having legal
of the voter and the voter was duly notified of his new custody over said box; cxxviii
polling place; lxxiii
 Enabling any person to open or destroy the
 Asking, demanding, taking, accepting or possessing, ballot box containing the official ballots
directly or indirectly, the voter's affidavit of another, in used in the election or remove or destroy
order to induce the latter to withhold his vote, or to vote its contents without or against the order of
for or against any candidate in an election or any issue in the COMELEC , or take away said ballot
a plebiscite or referendum; lxxiv box from his custody, by the person having
legal custody of the ballot box containing
 Delivering, handing over, entrusting, giving directly or
the official ballots used in the election ,
indirectly his voter's affidavit to another in consideration

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Annex 1: ELECTION OFFENSES

Pre-Election Offenses Election Offenses Post-Election Offenses
of money or other benefit or promises thereof, or takes or through his negligence; cxxix
accepts such voter's affidavit directly or indirectly, by
giving or causing the giving of money or other benefit or  Knowingly using ballots other than the
making or causing the making of a promise thereof;
lxxv official ballots, except in those cases where
the use of emergency ballots is authorized,
 Altering in any manner, tearing, defacing, removing or by any member of the board of election
lxxvi
destroying any certified list of voters; inspectors; cxxx
 Taking, carrying or possessing any blank or unused  Revealing the contents of the ballot of an
registration form already issued to a city or municipality illiterate or disabled voter whom he
outside of said city or municipality except as otherwise assisted in preparing a ballot; cxxxi
provided in this Code or when directed by express order
of the court or of the COMELEC ;
lxxvii
 Transferring the location of a polling place
without authority; cxxxii
 Maliciously omitting, tampering or transferring to
another list the name of a registered voter from the
lxxviii
 Printing or causing the printing of any
official list of voters posted outside the polling place; ballot or ER that appears as official ballots
or ER , without authority; cxxxiii
 Holding political conventions or meetings to nominate its
official candidates earlier that the period fixed in the  Distributing or causing any ballot or ER
lxxix
Omnibus Code; that appears as official ballots or ER to be
 Obstructing, destroying or canceling any certificate of distributed for use in the election, whether
candidacy duly filed and which has not been cancelled or not they are actually used, without
upon order of the COMELEC ;
lxxx authority; cxxxiv

 Misleading the board of election inspectors by submitting  Keeping, using or carrying out or causing
any false or spurious certificate of candidacy or document to be kept, used or carried out, any official
to the prejudice of a candidate; lxxxi ballot or ER or printed proof thereof, type-
form mould, electro-type printing plates
 Receiving any certificate of candidacy outside the period and any other plate, numbering machines
for filing the same and making it appear that said and other printing paraphernalia being
certificate of candidacy was filed on time by any person used in connection with the printing of
lxxxii
authorized to receive certificates of candidacy; official ballots or ER , without
 Causing or compelling the COMELEC of receiving any authority; cxxxv
certificate of candidacy outside the period for filing the
 Causing official ballots or ER to be printed
same and making it appear that said certificate of
in quantities exceeding those authorized
candidacy was filed on time by any person authorized to
by the COMELEC , by any official or
receive certificates of candidacy, by means of fraud,
employee of any printing establishment or
threat, intimidation, terrorism or coercion; lxxxiii
of the COMELEC or any member of the
 Jamming, obstructing or interfering with a radio or committee in charge of the printing of

AES 2010 HANDBOOK Page i
Annex 1: ELECTION OFFENSES

Pre-Election Offenses Election Offenses Post-Election Offenses
television broadcast of any lawful political program by official ballots or ER ; cxxxvi
lxxxiv
any device or means;
 Distributing, delivering, or in any manner
 Selling, furnishing, offering, buying, serving or taking disposing of or causing to be distributed,
intoxicating liquor on the days fixed by law for the delivered, or disposed of, any official ballot
registration of voters in the polling place, or on the day or ER to any person or persons not
lxxxv
before the election or on election day; authorized by law or by the COMELEC to
 Refusing to carry official election mail matters free of receive or keep official ballots or ER or
charge during the election period by any operator or who sends or causes them to be sent to
employee of a public utility or transportation company any place not designated by law or by the
COMELEC , by any official or employee of
operating under a certificate of public convenience,
any printing establishment or of the
including government-owned or controlled postal service
or its employees or deputized agents; lxxxvi (Refusal to COMELEC or any member of the
carry election mail matter.) committee in charge of the printing of
official ballots or ER ; cxxxvii
 Discriminating against any political party, coalition or
aggroupment of parties or any candidate in the sale of air  Violating the integrity of any official ballot
time by any person who operates a radio or television or ER before or after they are used in the
station who without justifiable cause;
lxxxvii
(Prohibition election; cxxxviii
against discrimination in the sale of air time.)
 Removing, tearing, defacing or destroying
 Violation of the provisions, or pertinent portions, of the any certified list of candidates posted
following sections of the Omnibus Election Code shall inside the voting booths during the hours
constitute election offenses: Sections 9, 18, 74, 75, 76, of voting; cxxxix
lxxxviii
80, 81, 82, 83, 84, 85, lxxxix 86, 87, 88, 89, 95, 96, 97,
98, 99, 100, 101, 102, 103, 104, 105, 106 107, 108, 109, 110,
 Holding or causing the holding of an
election on any other day than that fixed
111, 112, 122, 123, 127, 128, 129, 132, 134, 135, 145, 148,
by law or by the COMELEC , or stops any
150, 152, 172, 173, 174, 178, 180, 182, 184, 185, 186, 189,
election being legally held; cxl
190, 191, 192, 194, 195, 196, 197, 198, 202, 203, 204, 205,
206, xc 207, 208, 209, 210, 211, 212, xci 213, 214, 215, 216,  Conducting oneself in such a disorderly
217, 218, 219, 220, 223, 229, 230, 231, 233, 234, 235, 236, manner as to interrupt or disrupt the work
xcii
239 and 240; or proceedings to the end of preventing
 Causing the printing of official ballots and ER by any the board of election inspectors or board of
printing establishment which is not under contract with canvassers during any of its meetings from
the COMELEC and any printing establishment which performing its functions, either partly or
undertakes such unauthorized printing (election totally; cxli
sabotage); xciii  Soliciting votes or undertaking any
 Causing the printing of official ballots and ER by any propaganda, on the day of election, for or
printing establishment which is not under contract with against any candidate or any political party

AES 2010 HANDBOOK Page j
Annex 1: ELECTION OFFENSES

Pre-Election Offenses Election Offenses Post-Election Offenses
the COMELEC and any printing establishment which within the polling place or within a radius
undertakes such unauthorized printing (election of thirty meters thereof; cxlii
sabotage); xciv
 Selling, furnishing, offering, buying,
 Violating Section 11 of Republic Act No. 6466 regarding serving or taking intoxicating liquor on the
prohibited forms of election propaganda; xcv days fixed by law for the registration of
 Continuing to misrepresent himself, or holding himself voters in the polling place, or on the day
out, as a candidate, such as by continuing to campaign before the election or on election day; cxliii
thereafter by any person declared a nuisance candidate  Opening in any polling place or within a
as defined under Section 69 of Batas Pambansa Blg. 881, radius of thirty meters thereof on election
or is otherwise disqualified, by final and executory day and during the counting of votes,
judgment; xcvi booths or stalls of any kind for the sale,
 Knowingly inducing or abetting, by COMELEC or dispensing or display of wares,
omission, such misrepresentation or holding out as a merchandise or refreshments, whether
candidate of any person declared a nuisance candidate as solid or liquid, or for any other
defined under Section 69 of Batas Pambansa Blg. 881 or purposes; cxliv
otherwise disqualified, by final and executory
 Holding on election day, fairs, cockfights,
judgment; xcvii
boxing, horse races, jai-alai or any other
 Failing, without cause, to post or give any of the notices similar sports; cxlv
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
identification card; c
 Accepting an appointment, to assume office and to
actually serve as a member of the Election Registration
Board although ineligible thereto; ci
 Appointing such ineligible person accept an appointment,
to the Election Registration Board; cii
 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

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Annex 1: ELECTION OFFENSES

Pre-Election Offenses Election Offenses Post-Election Offenses
transmission of registration data or information; ciii
 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
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,
referendum, initiative and/or recall; cvi
 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
system; cx

AES 2010 HANDBOOK Page l
Annex 1: ELECTION OFFENSES

Pre-Election Offenses Election Offenses Post-Election Offenses
 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
pack receiver and computer set; cxi
 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
information; cxii
 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
declassified; cxiii
 Violation of Republic Act No. 9006 and the rules and
regulations of the COMELEC issued to implement
Republic Act No. 9006 cxiv

AES 2010 HANDBOOK Page m
END NOTES (Annex 2)
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 .

AES 2010 HANDBOOK Page i
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).

AES 2010 HANDBOOK Page ii
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).

AES 2010 HANDBOOK Page iii
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

AES 2010 HANDBOOK Page iv