Casting of Votes

Sec. 190 Voting Hours

The observance of voting hours during election day may be relaxed. In the absence of discrimination, the closing of the polls at the designated hour resulting in the inability of many voters to vote furnishes no valid ground to annul the elections. (Valenzuela v. Carlos, 42 Phil. 428) Similarly, in the absence of fraud, the keeping of the polls open and allowing the voters to vote after the designated hour to close them will not invalidate the election. (Lino Luna v. Rodriguez, 39 Phil 208)

Sec 191 As a rule Sec 191 of the OEC, the failure on the part of those official s to do their duties will not invalidate the ballot, for to rule otherwise would disenfranchise the voters and place a premium on official ineptness and make it possible for a small group of functionaries, by their negligence or deliberate inaction to frustrate the will of the electorate. (Fernandez v. COMELEC, GR No. 91351, April 3, 1990) Sectio 15 of RA No. 6646 provides for additional requirements to the preliminary acts as required by Sec 191 of the Code, that the Chairman and poll clerk of the Board of Election Inspector should do, which is to affix their signatures at the back of each and vey ballot to be used during the voting. Sectio 24 of RA 7166 further provides: Sec 24. Signature of Chairman at the Back of every ballot.In every case before delivering an official ballot to the voter, the chairman of the board of election inspectors shall, in the presence of the voter, affix his signature at the back thereof. Failure to do so to authenticate shall be noted in the minutes of the board of election inspectors and shall constitute an election offense punishable under Section 263 of the Omibus Election Code to the voter in a barangay election, the chairman shall, the presence of the voter, the other members of the Board and the watchers present, affix his signature at the back thereof. In the case of Baustista v. Castro, 206 SCRA 305, 1992, in comstruing the provision the Court ruled that the absence of the signature of the Chairman of the Board of Elction Tellers in the ballot given to a voter as required by law

Sec. 192 The restriction by the Commission against media representative s from entering any polling place except to vote does not violate the right to access to official records nor freedom of the speech, intended to implement Sec. 192 of the Code, designed to prevent confusion and disorder inside the polling place and to avoid or minimize the risk of disturbance ad undue interference with the conduct of election inside the polling place. (Valmonte v. COMELEC, GR No. 73551, Feb. 11, 1986)