INTRODUCTION

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IMPORTANCE OF
VIGILANT POLL
WATCHERS

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Case:
Villaroya vs. Comelec, Nov. 13, 1987
Poll Watcher Failed to See the Clerical
Error on the Statement of Votes

 This case illustrates the importance of having vigilant Poll

Watchers.
Roderico Villaroya and Benedicta B. Roa were among the
congressional candidates in Cagayan de Oro City in the May
11, 1987 elections. The canvassing was terminated in favor of
Villaroya, to wit:
Villaroya - 38,222 votes
Roa - 38,196 votes (difference: 26 votes).
Upon a formal request made by Roa on May 19, 1987, the
Board of Canvassers (BOC) furnished her on May 21, 1987 a
copy of the Statement of Votes (SOVs).
On May 22, 1987, Roa filed with the BOC a protest for the error
or mistake in the tabulation of the Election Return (ER) in voting
center No. 302-A.
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 Roa alleged that while the ER of Precinct No. 302-A

shows a total of 111 votes for Roa and 35 votes for
Villaroya, the SOV shows that only 54 votes were
credited to Roa and 35 votes for Villaroya, thus depriving
Roa of 57 votes.
According to Roa, the mistake was committed by the
adoption of the sub-total of Roa of 54 votes in the ER
without considering the first sub-total of 57 votes or a
grand total of 111 votes in the same ER.
The new BOC convened on Sept. 5 and 6, 1987 and
after verification of the ER in Precinct No. 302-A showing
that Roa obtained 111 votes and not 54 votes only, Roa
was proclaimed the duly elected congresswoman of
Cagayan de Oro City with a margin of 31 votes over
Villaroya.
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 Villaroya elevated the case all the way to the Supreme

Court. It was only on November 13, 1987 that the case
was finally laid to rest by the Supreme Court.

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 The case of Villaroya vs. Comelec, involving a mere

error in the tabulation of the votes, confirms the
necessity of having vigilant Poll Watchers. The Poll
Watchers should have seen the error in the recording of
Roas votes in the SOV and filed a timely protest.
What more when a candidate is already being cheated?

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QUALIFICATIONS
OF POLL
WATCHERS

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What are the qualifications of a Poll Watcher?

1. Qualified voter of the city or municipality
2. With good reputation
3. Shall not have been convicted by final judgment of any
election offense or of any other crime
4. Must know how to read and write Pilipino, English, Spanish or
any of the prevailing local dialects
5. Not related within the 4th civil degree of consanguinity or
affinity to the chairman or any member of the BEI in the polling
place where he seeks appointment as a watcher ( 178 of B.P. Blg.
881).

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Who are entitled to appoint Poll Watchers?

Every registered political party, coalition of political
parties and every candidate shall each be entitled to 1
watcher in every polling place ( 178 of B.P. Blg. 881 and 12 of
R.A. No. 6646).

Candidates for provincial board members or for city or

municipal councilors belonging to the same slate or
ticket shall collectively be entitled to only 1 watcher.

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Who are entitled to appoint Poll Watchers?

The duly accredited citizens arm of the Comelec
Other civic, religious, professional, business, service,
youth and any other similar organizations, with prior
authority of the Comelec, shall be entitled collectively to
appoint 1 watcher in every polling place ( 180 of B.P. Blg.
881).

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Eight (8) Principal Watchers

There shall be recognized 6 principal watchers,
representing the 6 accredited major political parties
excluding the Dominant Majority and Dominant Minority
Parties ( 26 of R.A. No. 7166, as amended by R.A. 9369).
Under COMELEC Resolution No. 7877
Dominant Majority: LAKAS CMD
Dominant Minority: Liberal Party
6 Major Parties: KAMPI, LDP, UNO, KBL, NPC and PMP

The principal watchers shall, if available, affix their

signatures and thumbmarks on the election returns for
that precinct (Last Paragraph of 12 of R.A. No. 6646).
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Signatures and thumb marks of watchers on the

election returns

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RIGHTS AND
DUTIES OF
POLL
WATCHERS

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Rights and Duties of Poll Watchers under 179 of

B.P. Blg. 881
Upon entering the polling place, present and deliver to
the chairman of the BEI his appointment
his name shall be recorded in the minutes with a
notation under his signature that he is not disqualified
under 178.
The appointments shall bear the personal signature or
the facsimile signature of the candidate or the duly
authorized representatives of the political party or
coalition of political parties who appointed him.
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 Right to stay in the space reserved for them inside the

polling place.
Right to witness and
proceedings of the BEI.

inform

themselves

of

the

Right to take notes of what they may see or hear.

Execute an Inventory Report.
Right to take photographs of the proceedings and
incidents, if any, during the counting of votes, as well as
of election returns, tally boards and ballot boxes.

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 Right to file a protest against any irregularity or violation

of law which they believe may have been committed by
the BEI or by any person.
Right to obtain from the BEI a certificate as to the filing of
such protest and/or of the resolution thereon.
Right to read the ballots after they shall have been read
by the chairman, as well as the election returns after
they shall have been completed and signed by the
members of the BEI without touching them.

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 Right to be permitted full and unimpeded access to the

proceedings so that they can read the names of those
written on the ballots being counted with unaided natural
vision, consistent with good order in the polling place (
12 of R.A. No. 6646).

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 Right to be furnished with a certificate of the number of

votes in words and figures cast for each candidate, duly
signed and thumbmarked by the chairman and all the
members of the BEI.
After the announcement of the results of the election
and before leaving the polling place, it shall be the
duty of the BEI to issue a certificate of the number of
the votes received by a candidate upon request of the
watchers. All the members of the BEI shall sign the
certificate ( 215, B.P. Blg. 881).
Note: The refusal of the chairman and the members
of the BEI to sign and furnish such certificate is
considered an election offense.
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What are required to be written on the Certificate of

Votes?
The certificate of votes shall contain:
the number of votes obtained by each candidate written in words
and figures,
the number of the precinct,
the name of the city or municipality and province,
the total number of voters who voted in the precinct, and,
the date and time issued,

and shall be signed and thumbmarked by each member of

the BEI ( 16, R.A. 6646).
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Certificate of Votes

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Certificate of Votes to be signed and thumbmarked

by the chairman and all the members of the BEI

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Why should the watchers ask for a copy of the

Certificate of Votes?
The certificate of votes shall be admissible in evidence to
prove tampering, alteration, falsification or any anomaly
committed in the election returns concerned.
Failure to present any certificate of votes shall be a bar to
the presentation of other evidence to impugn the
authenticity of the election returns ( 17, R.A. 6646).

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COMELEC FORMS
AND
PARAPHERNALIA
THAT POLL
WATCHERS
SHOULD BE
FAMILIAR WITH
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 Ballot box, self-locking metal seals and indelible stain ink

Book of Voters and Voters List
Official Ballots
Election Returns, Tally Board, Paper Seals, Envelopes
Minutes of Voting and Counting of Votes
Certificate of Votes
Statement of Votes, Certificate of Canvass of Votes,
Certificate of Canvass of Votes and Proclamation
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POLL WATCHERS
AND LEGAL
COUNSELS

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What are the stages of the elections that you should

keep an eye on?

Casting

Counting

Canvassing

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Proclamation

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Illegal Proceedings of the BEI, Mistakes in

the appreciation of ballots, Mistakes in
accomplishing election documents
Snatching,
Switching,
Terrorism

Vote Buying, Terrorism,

Flying Voters, Illegal
Proceedings of the BEI

Casting

Counting

Illegal Proceedings of
the BOC, Mistakes in
accomplishing election
documents, Dagdag
Bawas operations,
Illegal proclamation

Canvassing

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Proclamation

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 If at all possible, lawyers should be the ones guarding

the casting, counting, canvassing and proclamation
stages.
Impractical and expensive.
Thus, your lawyers have to delegate the task to your Poll
Watchers.

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 To effectively perform the duties delegated to them, Poll

Watchers have to be trained, monitored and coordinated by
lawyers.
For instance, if an irregularity is committed in a voting
precinct, the Poll Watcher has to immediately gather all the
evidence and deliver them to the lawyer.
The lawyer, having been forewarned and forearmed, will now
be able to file:
timely and intelligent objections with the Board of
Canvassers as soon as the ER for the said precinct is
presented for canvassing.
Election offense cases against the guilty parties.
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INTRODUCTION

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