Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
INTRODUCTION
Definition of Terms:
The Automated Election System (AES) is a system using appropriate technology which has been
demonstrated in the voting, counting, consolidating, canvassing, and transmission of election results, and
other electoral processes. It is intended to address the decades-old system of manual elections and its
various deficiencies by improving on the election process and adopting methods, which involve the use of an
electronic system that ensures the secrecy and sanctity of the ballot and improve consolidation and
transmission of documents. The system must be transparent and credible and result in the fast and accurate
count reflective of the genuine will of the people.
The Board of Election Inspectors (BEI) It is the body that conducts the voting and counting of votes in
their respective polling places and acts as deputies of the Commission on Elections (COMELEC) in the
supervision and control of the election in their assigned polling places.
Watchers They are persons assigned (as by a political party or candidate) to observe activities at a polling
place to guard against illegal voting, fraudulent counting of ballots, and other violations of election laws.
Note: In all cases, the Election Officer shall ensure that at least one (1) member of the BEI shall be an information
technology-capable person as certified by the Department of Science and Technology (DOST) after the training of the
same. (Section 1, COMELEC Resolution No. 9640, February 15, 2013)
Disqualification of Members of the BEI: No person shall serve as chairman or member of the BEI if he or his
spouse 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 latter's spouse. Violation of this provision shall constitute an election offense as
provided in Section 261 (bb), sub-par (3) of the Omnibus Election Code. (Section 3, COMELEC Resolution No. 9640,
February 15, 2013)
What happens if all watchers cannot be accommodated in the polling place because of limited space?
If, because of limited space, all watchers cannot be accommodated in the polling place, preference shall be
given to the watchers of the dominant majority and dominant minority parties as determined by the
Commission, and the watcher of the citizens arm, the Parish Pastoral Council for Responsible Voting
(PPCRV), with the latter given preferential position closest to the BEI. (Section 17, COMELEC Resolution
No. 9640, February 15, 2013)
Qualifications of Watchers:
No person shall be appointed watcher unless he
a. Is a registered voter of the city or municipality where he is assigned;
b. Is of good reputation;
c. Has not have been convicted by final judgment of any election offense or of any other crime;
d. Knows how to read and write Filipino, English or the prevailing local dialect; and
e. Is not related within the fourth civil degree of consanguinity or affinity to the chairman, or to any other
member of the BEI in the polling place where he seeks appointment as a watcher. (Section 18, COMELEC
Resolution No. 9640, February 15, 2013)
CASTING OF VOTES
Voting hours: The casting of votes shall start at seven o'clock (7:00 am) in the morning and shall end at three
o'clock (3:00 pm) in the afternoon, except when there are voters present within thirty meters in front of the polling
place who have not yet cast their votes, in which case the voting shall continue but only to allow said voters to cast
their votes without interruption. (Section 190, Omnibus Election Code)
Note: In addition to the preliminary acts before the voting as enumerated in Section 191 of Batas Pambansa Blg.
881, the chairman and the poll clerk of the board of election inspectors shall affix their signatures at the back of each
and every official ballot to be used during the voting. A certification to that effect must be entered in the minutes of the
voting. (Section 15, R.A. No. 6646 or The Electoral Reforms Law of 1987)
Spurious Ballots These are ballots with separately printed serial numbers. They shall not be utilized by the board
of election inspectors unless the Commission representative shall order their use in writing, stating the reasons
therefor. (Section 191, Omnibus Election Code)
Order of voting:
The voters shall vote in the order of their entrance into the polling place. The voters shall have the right to
freely enter the polling place as soon as they arrive unless there are voters waiting inside, in which case
they shall fall in line in the order of their arrival and shall not crowd around the table of the board of election
inspectors. The voters after having cast their votes shall immediately depart. (Section 193, Omnibus Election
Code)
Prohibited acts in the preparation of ballots for illiterate and disabled persons:
No voter shall be allowed to vote as illiterate or physically disabled unless it is so indicated in his registration
record.
In no case shall an assistor assist more than three times except the non-party members of the board of
election inspectors. (Section 196, Omnibus Election Code)
THE UNITED STATES vs. ELIAS CUETO, G.R. No. L-13626, October 29, 1918
Facts:
In the general elections held on June 6, 1916, Elias Cueto, was an election inspector for an election precinct in the
municipality of Tiaong, Province of Tayabas. For the position of municipal president of this municipality, two
gentlemen named Mayo and Magbiray were the candidates. Toribio Briones, a qualified elector, belonged to the
Mayo party. He was given a slip containing the slate of the candidates of the Mayo faction for the different offices,
such as is circulated at election time, and with this in his possession entered the polling place. Being a disabled
person, because of failing sight and rheumatism in his hand, although still able when necessary to read and write,
Briones secured the assistance of Cueto to prepare his ballot. Instead, however, of copying the name of Mayo, the
candidate for municipal president found on the slip of paper, for whom Briones desired to vote, Cueto inserted the
name of Magbiray. When once outside the dark booth, Briones noticed that his ballot contained the name of Magbiray
and on his objecting anew ballot with the Name of Mayor was prepared for him by the election inspector.
Issue:
Ruling:
Yes. Cueto was an election inspector. To hold this office it was necessary for him to have certain qualifications. He
had to be qualified elector of his precinct, of good character, not convicted of an offense involving moral turpitude,
and able to read, write, and speak either English, Spanish, or the local dialect understandingly. The accused took an
oath honestly and unjustly to administer his duties according to the Election Law without prejudice or favor toward
any person, candidate, party, society, or religious sect. One of his functions was, in conjunction, with another
inspector to prepare ballots for disabled persons. The made it his duty, and his duty only, with another inspector, to
ascertain the wishes of the disabled voter and to prepare the ballot of the voter in proper form according to his
wishes.
The election inspector in giving assistance to a disable voter has but on function to perform, namely, the mechanical
act of preparing the ballot. The exercise of any discretion as to the selection of candidate for the voter assisted is
prohibited to the maker, and the substation of his own for the voter's choice in such selection is a flagrant violation of
an official trust. An inspector who fails to write upon the ballot the name or names expressly indicated by the voter is
guilty of a fraud practiced against the voter and thus of a violation of the penal provisions of the Election Law.
The defendant not only convicts himself out of his own mouth of an attempt to defeat the will of the people of this
district in their effort to choose their representatives in the legislative branch of the government, but also violated his
oath of office in which he asked God to help him honestly and justly to administer his duties as an inspector of
elections without prejudice or favor towards any person, candidate, party, society, or religious sect, which oath must
have been taken freely or without evasion or mental reservation whatsoever. (Section 516, Act No. 2657; section 419,
Act No. 2711.) In addition to convicting himself of an attempt to violate the rights of the people, together with the
violation of a solemn oath, he also convicts himself of the falsification of a public document, and might be punished
for the latter offense in a manner very much more severe than for the crime for which he is being tried. (Articles 300
and 301 of the Penal Code, as amended by Act No. 2712.)
The law provides as a punishment for an election officer who fails to perform his official duties, imprisonment for not
less than one month nor then one year or by fine of not less than P200 nor more than P500 or both. (Section 2639,
Administrative Code of 1917.) In the decision above quoted, the maximum penalty was, for good reasons, imposed.
There the facts were aggravated because the election officer had manipulated and changed the election totals.
Herein, while the inner purpose of the defendant as just as bad, the result was not disastrous. However, believing that
either the maximum or a penalty approaching the maximum, should always be imposed on election officers who
violate law we must proceed to increase the sentence imposed by the lower court so that the defendant and appellant
shall be condemned to six months imprisonment, and to pay a fine of P250, with subsidiary imprisonment in case of
insolvency, and with the costs of both instances against him. So ordered.
Spoiled Ballot It is a ballot where it is accidentally defaced by the voter such that it can no longer be possibly used.
It is an invalid ballot.
Another note: The spoiled ballot shall, without being unfolded and without removing the detachable coupon, be
distinctly marked with the word "spoiled" and signed by the board of election inspectors on the endorsement fold
thereof and immediately placed in the compartment for spoiled ballots. (Section 197, Omnibus Election Code)
Voting:
a. After the voter has filled his ballot he shall fold it in the same manner as when he received it and return it to
the chairman.
b. In the presence of all the members of the board of election inspectors, he shall affix his thumbmark on the
corresponding space in the coupon, and deliver the folded ballot to the chairman.
c. The chairman, in the presence and view of the voter and all the members of the board of election inspectors,
without unfolding the ballot or seeing its contents, shall verify its number from the voting record where it was
previously entered.
d. The voter shall forthwith affix his thumbmark by the side of his signature in the space intended for that
purpose in the voting record and the chairman shall apply silver nitrate and commassie blue on the right
forefinger nail or on any other available finger nail, if there be no forefinger nail.
e. The chairman shall sign in the proper space beside the thumbmark of the voter.
f. The chairman, after finding everything to be in order, shall then detach the coupon in the presence of the
board of election inspectors and of the voter and shall deposit the folded ballot in the compartment for valid
ballots, and the detached coupon in the compartment for spoiled ballots.
g. The voter shall then depart. (Section 198, Omnibus Election Code)
Note: Any ballot returned to the chairman whose detachable coupon has been removed not in the presence of the
board of election inspectors and of the voter, or any ballot whose number does not coincide with the number of the
ballot delivered to the voter, as entered in the voting record, shall be considered as spoiled ballot and shall be so
marked and signed by the members of the board of election inspectors. (Section 198, Omnibus Election Code)
Note: No voter shall be required to present his voter's affidavit on election day unless his identity is challenged. His
failure or inability to produce his voter's affidavit upon being challenged, shall not preclude him from voting if his
identity be shown from the photograph, fingerprints, or specimen signatures in his approved application in the book of
voters or if he is identified under oath by a member of the board of election inspectors and such identification shall be
reflected in the minutes of the board. (Section 199, Omnibus Election Code)
Procedure in the disposition of unused ballots at the close of the voting hours:
The chairman of the board of election inspectors shall prepare a list showing the number of unused ballots
together with the serial numbers.
This list shall be signed by all the members of the board of election inspectors.
Thereafter, all the unused ballots shall be torn halfway in the presence of the members of the board of
election inspectors. (Section 204, Omnibus Election Code)
Prohibition of premature announcement of voting:
No member of the board of election inspectors shall, before the termination of the voting, make any announcement as
to
1. Whether a certain registered voter has already voted or not;
2. How many have already voted;
3. How many so far have failed to vote;
4. Any other fact tending to show or showing the state of the polls;
5. Nor shall he make any statement at any time, except as witness before a court, as to how any person voted.
(Section 205, Omnibus Election Code)
COUNTING OF VOTES
* Like the manual method, refusal to sign the election return manually or electronically shall be considered an election
offense. If the returns are successfully transmitted to the BOC server and the central server, a message appears on
the screen to this effect.
* The election returns transmitted electronically and digitally signed shall be considered as official election results and
shall be used as the basis for the canvassing of votes and the proclamation of a candidate.
No postponement of counting:
Unless otherwise ordered by the Commission, the BEI shall not stop or postpone the counting until it has
been completed.
Case No. 2
MA. AMELITA C. VILLAROSA vs. THE HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL and
RICARDO V. QUINTOS, G.R. No. 143351, September 14, 2000
Facts:
Ma. Amelita C. Villarosa and Ricardo V. Quintos were the only candidates for the office of Representative of the Lone
Legislative District of Occidental Mindoro in the May 11, 1998 synchronized national and local elections. On May 27,
1998 the Provincial Board of Canvassers proclaimed Villarosa as the winning candidate with a margin of 3,032 votes.
Quintos contested the proclamation of Villarosa contesting the results of the election in all the 882 precincts in the
eleven municipalities of Occidental Mindoro on the following grounds: (1) the ballots were misread and counted in
favor of protestee; (2) there was rampant substitute voting, i.e., persons other than the registered voters voted; (3)
violence and intimidation were committed by protestee and her followers against known supporters of protestant to
enhance protestees candidacy; 4) previously prepared ballots for the protestee were deposited in the ballot boxes;
and (5) illiterate Mangyan voters voting for protestant were assisted by self-appointed assistors of protestee, who
wrote JTV on the ballots contrary to the instruction of said illiterate voters.
Issue:
Whether or not JTV votes should be counted in favor of Villarosa. JTV is the nickname of Villarosas husband, who
is the incumbent representative of Occidental Mindoro.
Ruling:
No. The HRET held against VILLAROSA for various reasons. First, in her affidavit asking for the insertion of GIRLIE
between her given name and surname she stated that she was known as GIRLIE in every barangay of the Province
of Occidental Mindoro. This is an admission that, indeed, her nickname is not JTV but GIRLIE. In fact, votes cast
for GIRLIE were credited in her favor. Hence, the counting in her favor of ballots bearing JTV votes on the line for
Representative would be tantamount to injustice because that would allow VILLAROSA to use two nicknames,
GIRLIE and JTV, which would be in violation of the second paragraph of Section 74 of the Omnibus Election Code
allowing candidates to use only one nickname or stage name by which they are generally or popularly known in the
locality.
The use by Villarosa of JTV as her nickname or stage name, as indicated in her Certificate of Candidacy, was a
clever ruse or ploy to make a mockery of the election process. Therefore, the HRET did not commit any grave abuse
of discretion in ruling that JTV votes should not be counted in favor of Villarosa. They are stray votes.