Briefing on Ballot Appreciation Who will appreciate ballot?

 Board of Election Tellers (BET) composed of public school teachers: Chairman, Poll Clerk
Rules for the 28 October 2013 Barangay SK Elections
and Third Member
Comelec Resolution No. 9751 (Promulgated 5 August 2013) --- see separate file
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 don’t know the
TRUE OR FALSE?
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
1. Public school teachers with temporary appointment cannot serve as BET.
the heart and soul of the powers and functions of the BET.)
2. After counting, BET must always furnish watchers with Certificate of Votes.
3. The BET must always decide by majority vote.
BET Qualifications
4. Upon entering the polling place, the watcher shall present to the BET Chairman his or her
 Of good moral character and irreproachable reputation
watcher’s appointment duly signed by the candidate only.
 Registered voter of city or municipality (where they are assigned on the day of the
5. During ballot appreciation, the watcher may hold the Official Ballot to make sure the
elections)
Chairman read what was written in it.
 Able to speak and write Filipino, English or the local dialect
6. During ballot appreciation, watchers shall file written objection and should remain silent
 Never been convicted of any election offense or any other crime punishable by more than 6
during the entire voting and counting.
months of imprisonment
7. Watchers are allowed to take photographs of the BET proceedings except the Official
 No pending case for election offense
Ballot, especially when read by the Chairman.
8. On Election Day, casting of votes start at 7am until 3pm only.
Take note that in the first, it requires conviction but it refers actually to any other crime
9. The BET cannot conduct preliminaries to voting at 6am if no watchers are around.
punishable by more than 6 months of imprisonment; because if there is a pending election
10. Lawyers of candidates are not allowed inside the polling place except to vote.
offense faced by the BET, even if it is still pending, automatically they are disqualified.
11. To save time, the BET Chairman may authenticate all Official Ballots during preliminaries to
voting.
BET Disqualification
12. Before counting, the BET is allowed to unfold the Official Ballots to determine whether
 Relationship within the 4th civil degree of consanguinity or affinity to:
there are marked ballots.
 Any member of same BET
13. During ballot appreciation, watchers may verbally tell the BET Chairman that a certain vote
 Any candidate of the barangay where he serves
should be counted in favor of a certain candidate.
14. In ballot appreciation, every ballot is presumed valid unless there is clear and good reason
BET Powers and Functions
to justify its rejection.
 Conduct voting and counting of votes within their polling place
15. A vote is valid even if it contains prefixes such as “Sir”, “Gov.”, “Mr.”
 Act as deputies of the Commission in the supervision and control of the election
16. A ballot written in crayon is not valid.
 Maintain order within the polling place
17. A sticker bearing the name of a candidate may be pasted on the ballot and counted in
The BET’s authority is supreme. They act as a judge inside the polling place.
favor of the candidate bearing his name.
Whatever they say and do is final and executory; there is no appeal and there is no
18. At the end of counting, the votes of each candidate shall be totalled in words and figures.
motion for reconsideration inside the polling place.
If candidate gets 40, it should be written “40” followed by “fourty”.
 Prohibit use of cellular phones and camera by the voters
19. During ballot appreciation, the watchers may agree among themselves whether a certain
Remember that the prohibition is only the use. You can bring a cellphone/camera but
vote is counted in favor of a certain candidate.
you cannot use it inside the polling place.
20. All ties must be broken by drawing of lots.
 Enforce obedience to its lawful orders
 Order peace officer or any competent person to take the disobedient to custody
What is ballot appreciation?
 Power to issue warrant of arrest
 It is the determination of the vote using the information written on the official ballot by the
Who can be arrested? A BET member who does not appear on Election Day with the
voter, his or her intention and for whom it is, or should, be counted, based on existing
purpose to sabotage the performance of election functions. If, in their opinion, one
rules.
member is absent because he wants to prevent the others from performing their
 It is when the BEI decides whether or not a certain vote can be counted in favor of a
election duties, they can have that member arrested by the PNP to bring him to the
certain candidate.
polling place so that he can perform his official duties.
 It is the equivalent of Ballot Revision in case of an election protest.
 Power to order any peace officer to take into custody any disobedient person
 For manual elections, ballot appreciation is done by the BEI. However, in automated
 Authority is supreme inside the polling place
elections, ballot appreciation is done by the PCOS machine.
 Perform quasi-judicial functions
Many lawyers in the Comelec say that they perform only administrative functions
What is the objective of ballot appreciation during election?
inside the polling place but in my opinion they perform quasi-judicial functions
 to obtain the expression of the voter’s will
because they actually interpret and apply legal provisions in the conduct of voting and
counting of votes especially during ballot appreciation.
As much as possible, the BEI is mandated to discover or decipher the intention of the voter.
 Power to administer oath
They are not notaries public but they can administer oath over election documents.
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 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) Take note that this enumeration is exclusive except the one in the last part (i.e., others
Remember, the AFP or PNP are not allowed inside the polling place or within a 50- specifically authorized). It is exclusive in the sense that you cannot see the name of the lawyer
meter radius from the polling place except to vote. However, they can be summoned or the name of the candidate.
by the BET to be near enough to be called anytime in case the need arises.
Who are NOT allowed inside the polling place?
 Power to screen watchers  Any officer or member of the AFP or PNP
If you are a watcher, what you need to present the moment you get inside the polling  Any peace officer or armed person belonging to any extra-legal police agency, special,
place is your appointment as a watcher. Without your appointment as a watcher, the reaction, strike forces, CAFGU, paramilitary forces, special forces, security guards, special
BET can decline your presence inside the polling place. policemen
 Power to prohibit lawyers and candidates from the polling place  All other kinds of armed or unarmed extra legal police forces
Lawyers and candidates are not allowed inside the polling place except to vote. They  Barangay tanods
cannot stay to witness the proceedings because that function pertains to the watchers  Incumbent barangay or SK official, whether elected or appointed
who are virtually the representatives or lawyers of the candidates inside the polling
place. 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
What is the extent of BET power and authority to appreciate ballot? ballot.
 It must be public and witnessed by the watchers
 Held at the designated polling place Who can be appointed as watchers?
 Watchers are afforded unimpeded view of the ballot when read, WITHOUT TOUCHING IT  Registered voter of the barangay where he or she is assigned
Remember that the official ballot is virtually untouchable; it cannot be touched (even  Of good reputation
by the candidate or the lawyer). Only the BET Chairman can touch the ballot.  Not convicted by final judgment for any election offense or any other crime
 BET performs quasi-judicial function, decides as a collegial body & by majority vote  Knows how to read and write Filipino, English or any of the prevailing local dialect
In case of disagreement, they decide by majority vote.  Not related within 4th civil degree of consanguinity or affinity to any member of the BET
 BET acts through the Chairman where he or she is assigned
The BET, although collegial, acts through the Chairman. Whatever the BET decides
on, it is promulgated by the Chairman. Rights and duties of watchers
 BET decision is final and un-appealable  Stay in the space reserved for them inside the polling place
 BET by unanimous vote recommends in writing  Witness the proceedings of the BET
 Majority of watchers present endorses in writing  Take note of what they may see or hear
 Grounds – imminent danger of widespread  Take photographs of the BET proceedings, election returns, ballot boxes, tally board
 Violence In case of discrepancy between the election returns and the tally board, the election
 Terrorism returns prevail.
 Disorder However, they cannot take photographs of the official ballot because of the secrecy
 Similar causes of comparable magnitude and sanctity of the ballots.
 File a protest against any irregularity or violation of law he BELIEVES may have been
How to transfer counting of votes? committed by BET or any person
 Nearest safe barangay or school building  Obtain from BET certificate of its filing and/or its resolution
 Not located within perimeter of or inside –  Unimpeded view of the ballot being read, election returns and tally board, WITHOUT
 Military or police camp, reservation TOUCHING THEM
 Headquarters, detachment or field office  Be furnished, UPON REQUEST, with certificate of votes, duly signed and thumb marked by
 Within premises of prison or detention compound of any law enforcement or the BET
investigation agency  But they shall not speak to any BET, voter, or among themselves, in such a manner as
 The Comelec through the Election Officer may authorize transfer of counting of votes would disturb BET proceedings
 Must be recorded in the Minutes They are allowed to speak provided it is only for clarificatory questions. They cannot
orally argue; once they argue, they will be asked to put that in writing. The
Who are allowed inside the polling place? proceeding of the BET is supposed to be solemn.
 Members of the BET
 Watchers who stay in designated area What are the basic rules in ballot appreciation?
 Voters casting their votes  Every ballot is PRESUMED VALID unless there is clear & good reason to justify its rejection
 Voters waiting for their turn to vote In other words, rejection or considering it as a stray vote/ballot is the last resort. As
 Voters waiting for their turn to get ballots much as possible, the BET must give life to the intention of the voter.
 Jail/Prison escorts for detainee voters  In case of doubt, the intention and expression of the voter’s will must be carefully
 Members of SBET (Special Board of Election Tellers) determined
 Others specifically authorized by the Commission  Questions are decided by majority of BET
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 No watcher, candidate or any other person is allowed to participate
 Except when watcher files protest
 Recorded in the minutes
If there is a question as to ballot appreciation, only the three BET will decide.
Watchers cannot participate; they cannot argue. They can just file a written protest.
4 Basic Rules in Ballot Appreciation (Ferrer v Comelec, GR No. 139489, 10 April
2000)*
1. Intent rule *
- What is the intention of the voter?
2. Neighborhood rule *
3. Idem sonas rule *
- Idem Sonas: sounding the same or alike; having the same sound. A term applied to
names which are substantially the same, though slightly varied in the spelling.
- Even if the spelling is wrong but if it sounds alike, it will be counted in favor of the
candidate.
4. Equity of the incumbent rule *
- Apply this rule only when one of the candidates is incumbent
5. Superiority of surname rule
* 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.
How to appreciate ballot?
 If only the FIRST NAME or SURNAME of the candidate is written:
 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:
 Vote is counted in favor of the candidate with such surname because of Superiority of
Surname Rule
Example: One candidate’s first name is “Juan”; while another candidate’s surname is
“Huwan”. Even if what is written is “Juan”, it will be counted in favor of “Huwan”
because of Superiority of Surname Rule and Idem Sonas Rule.
 If there are 2 or more candidates with the SAME full name, first name or surname, and one
of them is incumbent:
 Vote is counted in favor of the incumbent
Example: Candidate A is Juan dela Cruz. Candidate B is Juan dela Cruz and is the
incumbent. The one who will get the vote is the incumbent, by virtue of the Equity of
the Incumbent Rule. **
 If there is a woman who uses her maiden name or married surname or both and there is a
candidate with the same surname:
 Ballot bearing such surname only shall be counted in favor of the incumbent
For example: Woman Candidate is Leviste; Incumbent is Leviste. Vote goes to the
incumbent Leviste by virtue of the Equity of the Incumbent Rule. **
** 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.
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 If 2 or more surnames are written on the SAME LINE on the ballot:
 Not counted for either of them unless one of them is an incumbent who has served
for at least 1 year
For example: Rama Osmeña; 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:
 Votes shall be counted for all
For example: For councilor, three candidates have the surname “Tan” –
 If the voter writes “Tan” on three lines for Councilor, everybody gets a vote.
 If the voter writes only on two lines, nobody gets a vote unless one of them is
incumbent. In that case, the incumbent gets one vote and not two votes.
 If both were incumbent, each one gets one vote.
 If the two candidates are incumbent and only one surname is written, nobody
gets a vote.
 If a single work is written, which is the first name of a candidate and the surname of
another:
 Vote shall be counted for the candidate bearing the SURNAME
For example: The first name of Candidate A is Rodrigo and the surname of Candidate
B is Rodrigo, the vote goes to Candidate B by virtue of Superiority of Surname Rule.
 If 2 words are written on the SAME LINE, one of which is the first name of a candidate and
the surname of another:
 Vote shall NOT be counted for EITHER
For example: Michael Osmeña; nobody gets a vote even if one of them is incumbent.
 A name or surname incorrectly written, which when read, has a sound similar to the name
or surname of a candidate:
 Vote shall be counted in favor of such candidate
For example: “Cruise” instead of “Cruz”; vote shall be counted by virtue of Idem
Sonas Rule.
The purpose of the Idem Sonas Rule is to give life to the intention of the voters who
cannot correctly write the name of the candidate.
Another example: “Prada” instead of “Rada” or “Rad” instead of “Rada”; for as long as
it sounds alike, vote is still counted.
 If a name of the candidate for the position he aspires for is written and on another position
he does not aspire for:
 Vote shall be counted in the position he aspires for, BUT if it is intended to identify the
ballot, it becomes VOID
For example: “Selma” is written for Mayor and “Selma” is also written for Councilor
but the candidate is running for Mayor, the vote for Mayor shall be counted but the
vote for Councilor shall be considered a stray vote.
When we say of a stray vote, meaning only that vote is invalidated. It does not
invalidate the entire ballot.
However, if it is intended to identify the ballot, it becomes void (MARKED BALLOT).
Before the BET counts the ballots or appreciates the ballots, they sort the ballots to
check if there are marked ballots. Once they find a marked ballot, automatically it is
voided; everything in the ballot is void.
 If the name of the candidate is ERASED and another clearly written (meaning, the voter
changed his mind at the last minute:
 Vote shall be counted in favor of the new name
 If the initial of a first name, middle name or surname is incorrect:
 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:
 Vote is counted for candidate
 If there are prefixes or suffixes:  Vote for candidate disqualified BY FINAL JUDGMENT:
 Vote is still valid  Stray but will not invalidate the entire ballot
For example: Sir Michael Rama, Don Tomas Osmeña  Ballots wholly written in Arabic in localities where it is of general uses are valid
 Nicknames and appellations of affection and friendship accompanied by first name or  Accidental tearing or perforation of ballot does not invalidate it
surname is VALID:  Failure to remove detachable coupon does not annul ballot
 Nickname ONLY, valid if candidate is generally or popularly known in the locality
 Initials only, illegible and do not sufficiently identify candidate: Take note that the Neighborhood Rule is not found in the Omnibus Election Code. It is found in
 Stray but will not invalidate whole ballot jurisprudence. That is actually a concept made by the HRET (House of Representatives Electoral
However, if the BET thinks that it is a marked ballot, the entire ballot will be voided. Tribunal).
 Correct first name with different surname OR correct surname with different first name:
 Stray but will not invalidate whole ballot What is the concept or logic behind the Incumbent Rule?
 Ballot written with crayon, lead pencil, or ink (wholly or in part): Remember that, as much as possible, we need to find out or discover the intention of the voter.
 Valid unless used to identify the ballot, in which case it is considered a MARKED ballot Because he is the incumbent, the tendency is, supposedly, the voter is more familiar with the
and should be considered VOID incumbent since he is the one serving them. There is a presumption of familiarity.
Unless used to identify the ballot, in which case, it is will be considered a marked
ballot and should be considered void. In automated elections, since it is the PCOS machine that counts, there are no second chances.
 If there are 2 or more candidates written in a single position: Thus, if you commit a mistake, you cannot ask for another ballot.
 The vote shall not be counted for either or all but does not affect validity of the others
 If the candidates voted for EXCEED the number of those to be elected: For example, you wanted to vote for Candidate B but you marked the circle beside the name of
 Ballot is valid but counted only for those firstly written until the authorized number is Candidate A and you marked that circle X and marked the correct circle beside Candidate B.
covered That will not be counted by the machine and will be invalidated; but, that will not invalidate the
 Vote for non-candidate and for a candidate for an office he did not aspire for: entire ballot.
 Stray but does not invalidate the entire ballot
 Ballot containing name of candidate PRINTED, PASTED OR AFFIXED THROUGH ANY Another example, for Senators: If you vote for only one candidate, that is allowed and that will
MECHANICAL PROCESS: be counted by the machine. If you vote for twelve candidates, twelve votes will also be counted.
 TOTALLY NULL AND VOID However, if you vote for thirteen candidates, nobody gets a vote since you exceeded the
It will be null and void for being affixed through mechanical process or for being a allowable slots for that position; but, the entire ballot is not invalidated.
marked ballot.
 Circles, crosses or lines on blank spaces:
 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:
 Does not invalidate ballot, unless it clearly appears to have been deliberately done to
identify the ballot
 Ballot which appears to have been filled by 2 distinct persons:
 NULL AND VOID
 If the space for Punong Barangay is blank, but the name of the candidate for Punong
Barangay is written in the first line for Barangay Kagawad:
 Count in favor of the candidate pursuant to the Neighborhood Rule
 If there are blank spaces between the space for Punong Barangay and the space
for Barangay Kagawad where the name of the Punong Barangay candidate is
written, the Neighborhood Rule will no longer apply.
 If there is a candidate, running as Barangay Kagawad, having the same name as
the candidate for Punong Barangay and the name is written in the space for
Barangay Kagawad, then the vote will be counted for the Barangay Kagawad
candidate.
 If the candidate for Punong Barangay has the same surname with a candidate
for Barangay Kagawad and the same surname is written on the first two spaces
for Barangay Kagawad, the vote may be counted for Punong Barangay and
Barangay Kagawad by virtue of the Neighborhood Rule. (It actually depends on
how the BET will appreciate the votes, for as long as they have a basis.)