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Comelec Resolution No. 9751 (Promulgated 5 August 2013) --- see separate
file
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When we say the Board of Election Tellers (BET), it is for the Barangay Elections;
when we say the Board of Election Inspectors (BEI), it is for the Local or National
Elections. (I dont know the difference between the two terms but what I know is
that they perform one and the same function, except that the Board of Election
Tellers have this power to appreciate votes. That is the heart and soul of the powers
and functions of the BET.)
BET Qualifications
Of good moral character and irreproachable reputation
Registered voter of city or municipality (where they are assigned on the day of
the elections)
Able to speak and write Filipino, English or the local dialect
Never been convicted of any election offense or any other crime punishable by
more than 6 months of imprisonment
No pending case for election offense
Take note that in the first, it requires conviction but it refers actually to any other
crime punishable by more than 6 months of imprisonment; because if there is a
pending election offense faced by the BET, even if it is still pending, automatically
they are disqualified.
BET Disqualification
Relationship within the 4th civil degree of consanguinity or affinity to:
Many lawyers in the Comelec say that they perform only administrative
functions inside the polling place but in my opinion they perform quasijudicial functions because they actually interpret and apply legal provisions
in the conduct of voting and counting of votes especially during ballot
appreciation.
Power to administer oath
They are not notaries public but they can administer oath over election
documents.
Power to order detail of AFP or PNP (if, in their opinion, they need the AFP or
PNP to maintain order inside the polling place)
Remember, the AFP or PNP are not allowed inside the polling place or
within a 50-meter radius from the polling place except to vote. However,
they can be summoned by the BET to be near enough to be called anytime
in case the need arises.
Take note that this enumeration is exclusive except the one in the last part (i.e.,
others specifically authorized). It is exclusive in the sense that you cannot see the
name of the lawyer or the name of the candidate.
Who are NOT allowed inside the polling place?
Any officer or member of the AFP or PNP
Any peace officer or armed person belonging to any extra-legal police agency,
special, reaction, strike forces, CAFGU, paramilitary forces, special forces,
security guards, special policemen
All other kinds of armed or unarmed extra legal police forces
Barangay tanods
Incumbent barangay or SK official, whether elected or appointed
Violence
Terrorism
Disorder
I am talking here about Barangay Elections because, again, in the Local and
National Elections there is no more Ballot Appreciation. It is the PCOS machine that
appreciates or counts the ballot.
Who can be appointed as watchers?
Registered voter of the barangay where he or she is assigned
Of good reputation
Not convicted by final judgment for any election offense or any other crime
Knows how to read and write Filipino, English or any of the prevailing local
dialect
Not related within 4th civil degree of consanguinity or affinity to any member of
the BET where he or she is assigned
Rights and duties of watchers
Stay in the space reserved for them inside the polling place
Witness the proceedings of the BET
Take note of what they may see or hear
Take photographs of the BET proceedings, election returns, ballot boxes, tally
board
In case of discrepancy between the election returns and the tally board, the
election returns prevail.
However, they cannot take photographs of the official ballot because of the
secrecy and sanctity of the ballots.
File a protest against any irregularity or violation of law he BELIEVES may have
been committed by BET or any person
** Remember, you only apply the Equity of the Incumbent Rule if one of the
candidates is incumbent. However, if none of them is incumbent, no one gets the
vote.
* The first four rules are provided for in the case of Ferrer v. Comelec, the
Superiority of surname rule is based on the opinion of Atty. Gujilde.
Vote is VALID provided there is no other candidate with the same first name
or surname for the same office
Example: The candidate is Juan Cruz. Juan is okay provided there is no
other candidate by that name. Cruz is okay provided there is no other
candidate by that surname.
If only the FIRST NAME of the candidate is written, which when read, has a
SOUND SIMILAR to the surname of another candidate:
Not counted for either of them unless one of them is an incumbent who has
served for at least 1 year
For example: Rama Osmea; since the incumbent is Rama, then the vote
goes to RAMA.
If 2 or more SIMILAR SURNAMES are written on DIFFERENT LINES for an office
which authorizes election of more than 1 and there are the same number of
candidates with same surname:
A name or surname incorrectly written, which when read, has a sound similar to
the name or surname of a candidate:
Vote is valid and shall be counted (unless the BET thinks it is a marked
ballot)
If the name of a candidate is the same as the name of another who is not a
candidate:
The vote shall not be counted for either or all but does not affect validity of
the others
Ballot is valid but counted only for those firstly written until the authorized
number is covered
Vote for non-candidate and for a candidate for an office he did not aspire for:
Indicate desistance from voting and shall not invalidate the ballot
Unless used to identify the ballot, in which case, it is will be considered a
marked ballot.
Commas, dots, lines or hyphens between the first name and surname or in
other parts of the ballot; traces of the letters T, J; two or more kinds of
writing; use of accidental flourishes, strokes or strains:
Take note that the Neighborhood Rule is not found in the Omnibus Election Code. It
is found in jurisprudence. That is actually a concept made by the HRET (House of
Representatives Electoral Tribunal).
What is the concept or logic behind the Incumbent Rule?
Remember that, as much as possible, we need to find out or discover the intention
of the voter. Because he is the incumbent, the tendency is, supposedly, the voter is
more familiar with the incumbent since he is the one serving them. There is a
presumption of familiarity.
In automated elections, since it is the PCOS machine that counts, there are no
second chances. Thus, if you commit a mistake, you cannot ask for another ballot.
Another example, for Senators: If you vote for only one candidate, that is allowed
and that will be counted by the machine. If you vote for twelve candidates, twelve
votes will also be counted. However, if you vote for thirteen candidates, nobody gets
a vote since you exceeded the allowable slots for that position; but, the entire ballot
is not invalidated.
For example, you wanted to vote for Candidate B but you marked the circle beside
the name of Candidate A and you marked that circle X and marked the correct circle
beside Candidate B. That will not be counted by the machine and will be invalidated;
but, that will not invalidate the entire ballot.