CASTING OF VOTES

A. Method of voting

Can the voter vote through a proxy or representative?

 No. The voter must vote in person and must personally deposit his ballot.

How many times can he vote?

 Each voter shall vote only once, at any election, for each office or measure to be
voted for.

Does the voter need to vote the whole ticket?

 No. He need not vote for every office to be filled nor for every one of such several
joint candidates for the same office, but he may vote for such offices as he
chooses and for such of the several persons to be chosen to the same office as
he prefers

Is absentee voting allowed?

 Yes. Absentee voting shall apply to the elections for President, Vice-President
and Senators only.

Who are allowed to vote through absentee voting?

 Only the members of the AFP and the PNP and other government officers who
are duly registered voters and who, on election day may temporarily be assigned
in connection with the performance of election duties to places where they are
not registered voters, and
 All citizens of the Philippines abroad who are not otherwise disqualified by law, at
least 18 years of age on the day of the election, may vote President, Vice-
President and Senators and party-list representatives.

B. Voting Hours

When does the casting of votes start and end?

 The casting of votes shall start at 7 o’clock in the morning and end at 3 o’clock in
the afternoon, except when there are voters present within 30 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.

What is the duty of the poll clerk?

 The poll clerk shall prepare a list of the names of the voters and the voters so
listed shall be called to vote by announcing each name repeatedly three times in
 the order in which they are listed. Any voter in the list who is not present when
his name is called out shall not be permitted to vote.

C. Manner of preparing the ballot

What shall the voter do after receiving his folded ballot?

 He shall forth-with proceed to one of the empty voting booths and shall there fill
his ballot by writing in the proper space for each office the name of the individual
candidate whom he desires to vote.

What are the prohibited acts while in the polling place?

 To enter a booth occupied by another voter, except as otherwise allowed, nor
stay therein for a longer time than necessary, nor speak with anyone other than
as provided by law while inside the polling place.

 To prepare the ballot outside the voting booth or to exhibit its contents to any
person, or to erase any printing from the ballot or to intentionally tear or deface
the same or put thereon any distinguishing mark.

 To use carbon paper, paraffin paper or other means for making a copy of the
contents of the ballot or to make use of any other means to identify the vote of
the voter.

May voters who are illiterates and disabled be assisted?

 Yes.

Who may assist them in the preparation of their ballots?

 A relative by affinity or consanguinity within the fourth civil degree, or,
 If he has none, by any person of his confidence who belongs to the same
household
 Or any member of the board of election inspectors, except the two party
members.

What are the rules in assisting illiterate or physically disabled voters?

 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 3 times except the non-party
member of the board if election inspectors. The person thus chose, shall prepare
the ballot for the illiterate or disabled voter inside the voting booth.
 The person assisting shall bind himself in a formal document under oath to fill out
the ballot strictly in accordance with the instructions of the voter and not to reveal
the contents of the ballots prepared by him. Violation of this requirement shall
constitute an election offense.
D. Spoiled ballots

What is a spoiled ballot?

 It is a ballot which a voter has accidentally spoiled or defaced in such a way that
it cannot lawfully be used.

What should be done with the spoiled ballot?

 The voter shall surrender it folded to the chairman who shall note in the
corresponding space in the voting record that the ballot is spoiled.

 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 or the indorsement fold thereof and immediately
placed in the compartment for spoiled ballot.

Is the voter entitled to another ballot after surrendering he spoiled ballot?

 Yes. The chairman shall give him another ballot after announcing the serial
number of the second ballot and recording said serial number in the
corresponding spaces in the voting record.

What if the second ballot is again spoiled or defaced?

 The same shall be surrendered to the chairman and recorded in the same
manner as the first spoiled or defaced ballot. However, no voters shall change
his ballot more than twice.

E. Voters in cities

What are the restrictions for registered voters of a highly urbanized city?
 They shall not vote for provincial officials of the province in which it is located. No
component city shall be declared or classified as highly urbanized city within 60
days prior to a local election

How about for registered voters of a component city?

 They shall be entitled to vote in the election for provincial officials of the province
to which it is a part, unless its charter provides otherwise.

F. Voting

What shall the voter do after he has filled up his ballot?

1. He shall fold it in the same manner as when he received it and return it to the
chairman
2. In the presence of all 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.
 3. 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.
4. 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 any other
available finger nail, if there be no forefinger nail.
5. The chairman shall sign in the proper space beside rge thumbmark of the voter.
The absence of the signature of the chairman in the ballot given to a voter as
required as proof of the authenticity of the ballot is fatal. This requirement is
mandatory for the validity of said ballot.
6. The chairman, after finding everything to be in order, shall them 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.
7. The voter shall then depart.
8. Any ballot returned to the chairman whose detachable coupon has been
removed not in the presence of the board of election inspector and of the voter,
and 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 and shall be so marked and signed by the members of the board of
election inspectors.

MAY 2010 AUTOMATED ELECTIONS: Voters inserted the ballot to the Precint Court
Optical Scan (PCOS) machines, waiting until the ballot was dropped. The machine
would confirm that the ballot has been accepted.

F. Challenge of illegal voters

Who may challenge illegal voters?

 Any voter or watcher

On what grounds may illegal voters be challenged?

 Voting while not being registered
 Using the name of another
 Not suffering from existing disqualification

What shall the board of election inspectors do?

 It shall satisfy itself as to whether or not the ground for the challenge is true by
requiring proof of registration of the identity of the voter.

Shall the voter be required to present his voter’s affidavit on election day?
 No, unless his identity is challenged. However, 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.

G. Challenge based on illegal acts

What are the grounds to challenge voters based on illegal acts?

 That the challenged person has received or expects to receive, has paid, offered
or promised to pay, has contributed, offered or promised to pay, or to contribute
money or anything of value as consideration for his vote of another
 That he has made or received a power to influence the giving or withholding of
any such voter
 That he has made a bet or is interested directly or indirectly in a bet which
depends upon the result of the election.

What shall the challenged person do?

 He shall take a prescribed oath before the board of election inspectors that he
has not committed any of these acts alleged in the challenged. Upon the taking
of such oath, the challenge shall be dismissed and the challenged voter shall be
allowed to vote.
 In case of his refusal to take such oath, the challenge shall be sustained and he
shall not be allowed to vote.

Is the admission of the challenged vote conclusive upon any court?

 No. It shall not be conclusive upon any court as to the legality of the registration
of the voter challenged or his vote in criminal action against such person for
illegal registration or voting.

H. Records or statements to be prepared and kept

What are the records or statements that shall be prepared and kept?
 The records of challenge and voters and oaths taken in connection therewith and
the resolution of the board of election inspectors.
 The minutes of voting and counting of votes in four copies, prepared and signed
by the board of election inspectors to be distributed as follows:
o Original copy to the city or municipal election registrar
o Deposited inside the compartment for valid ballots of the ballot box
o Two copies to the representatives of the accredited political parties
 The list of unused ballots with serial numbers
o The list shall be signed by all the members of the board of election
inspectors, after which the unused ballots shall be torn halfway in the
presence of the members of the board of election inspectors.