Election Laws: Ballot Appreciation

 #s much as possible, the the BEI is mandated to discover or decipher the intention of the voter.

Briefng on Ballot Appreciation Rules or the 28 October 2013 Barangay SK Elections

ho ill appreciate ballot/ Boar$ o Election Tellers !hairman Poll !ler an$ Thir$ ;ember

o!elec Resolution "o# $%&1 '(ro!ulgate) & August 2013* --- see separate fle

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+R,E OR -A.SE/ 1. 2. #. &. ). . /. . 3. 14. 11. 12. 1#. 1&. 1). 1. 1/. 1. 13. 24.

$hen we say the Board of Election %ellers %ellers &BE%', it is for the Baran(ay Elections) when we say the Board of Election Inspectors &BEI', it is for the *ocal or +ational Elections. &I dont -now the dierence between the two terms but what I -now is that they perform one and the same function, e/cept that the Board of Election %ellers have this power to appreciate votes. %hat is the heart and soul of the powers and functions of the BE%. BE%.''

Public school teachers with temporary appointment cannot serve as BET. Ater counting BET must must always urnish watchers with !ertifcate o "otes. The BET must always always $eci$e $eci$e by ma%ority vote. 'pon entering the polling place place the watcher watcher shall present present to the BET BET !hairman his or her watcher(s appointment $uly signe$ by the can$i$ate only. *uring ballot appreciation appreciation the watcher may hol$ the +,cial +,cial Ballot to mae mae sure sure the !hairman rea$ what was written in it. *uring ballot appreciation watchers shall shall fle written written ob%ection ob%ection an$ shoul$ shoul$ remain silent $uring the entire voting an$ counting. 0atchers are allowe$ to tae photogr aphs o the BET procee$ings ecept the +,cial Ballot especially when rea$ by the !hairman. +n Election *ay casting o votes start at /am until #pm only. The BET cannot cannot con$uct preliminaries preliminaries to voting voting at am i i no watchers are are aroun$. 5awyers o can$i$ates are not allowe$ allowe$ insi$e the polling place ecept ecept to vote. To save time the BET !hairman may authenticate all +,cial Ballots $uring preliminaries preliminaries to voting. Beore counting the BET BET is allowe$ to unol$ the +,cial Ballots to $etermine whether there are mare$ ballots. *uring ballot appreciation watchers watchers may verbally tell tell the BET !hairman that a certain vote shoul$ be counte$ in avor o a certain can$i$ate. 6n ballot appreciation every every ballot is presume$ vali$ unless there there is clear an$ goo$ reason to %ustiy its re%ection. A vote is vali$ even i it contains prefes such as 78ir9 7:ov.9 7;r.9 7;r.9 A ballot written in crayon crayon is not vali$. A sticer bearing bearing the name o a can$i$ate may be paste$ on the ballot an$ counte$ in avor o the can$i$ate bearing his name. At the en$ o counting the votes o each can$i$ate shall be totalle$ in wor$s an$ fgures. 6 can$i$ate gets &4 it shoul$ be written 7&49 ollowe$ by 7ourty9. *uring ballot appreciation the watchers may agree among themselves themselves whether a certain vote is counte$ in avor o a certain can$i$ate. All ties must be broen broen by $rawing $rawing o lots.

BE+ 4ualifcations + goo$ moral character an$ irreproachable reputation ?egistere$ ?egistere$ voter o city or municipality municipality &where  &where they are assi(ned on the day of  the elections' Able to spea an$ write @ilipino English or the local $ialect   ever been convicte$ o any election oense or any other crime punishable by more than  months o imprisonment o pen$ing case or election oense  

%a-e note that in the 0rst, it requires conviction but it refers actually to any other crime punishable by more than 1 months of imprisonment) because if there is a  pendin( election oense faced by the BE%, BE%, even if it is still still pendin(, automatically they are disquali0ed. BE+ 5is6ualifcation ?elationship ?elationship within the &th civil $egree o consanguinity or a,nity to>  Any member o same BET Any can$i$ate o the barangay where he serves 

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BE+ (oers an) -unctions !on$uct voting an$ counting o votes within their polling place  Act as $eputies o the !ommission in the supervision an$ control o the election  ;aintain or$er within the polling place %he BE%s authority is supreme. %hey act as a 2ud(e inside the pollin(  place. $hatever they say and and do is 0nal and e/ecutory) there there is no appeal and there is no motion for reconsideration inside the pollin( place. Prohibit use o cellular phones an$ camera by the voters  Remember that the prohibition is only the use. 3ou can brin( a cellphone4camera but you cannot use it inside the pollin( place. Enorce obe$ience to its lawul or$ers  +r$er peace o,cer or any competent person to tae the $isobe$ient to custo$y  Power to issue warrant o arrest  $ho can be arrested5 # BE% member who does not appear on Election 6ay with the purpose to sabota(e the performance of election functions. If, in their opinion, one member is absent because he wants to prevent the others from performin( their election duties, they can have that member arrested by the P+P to brin( him to the pollin( place so that he can  perform his o7cial duties. duties.  Power to or$er any peace o,cer to tae into custo$y any $isobe$ient person Authority is supreme insi$e the polling place  Perorm Cuasi-%u$icial unctions  

hat is ballot appreciation/  6t is the $etermination o the vote using the inormation written on the o,cial ballot by the voter his or her intention an$ or whom it is or shoul$ be counte$ base$ on eisting rules. It is when the BEI decides whether or not a certain vote can be counted in favor   of a certain candidate. It is the equivalent of Ballot Revision in case of an election protest.   For manual elections, ballot appreciation is done by the BEI . However, in   automated elections, ballot appreciation is done by the P!" machine. hat is the obectie o ballot appreciation )uring election/ to obtain the epression o the voter(s will 

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8any lawyers in the omelec say that they perform only administrative functions inside the pollin( place but in my opinion they perform quasi9  2udicial functions because they actually interpret and apply le(al provisions in the conduct of votin( and countin( of votes especially durin( ballot appreciation. Power to a$minister oath %hey are not notaries public but they can administer oath over election documents. Power to or$er $etail o A@P or PP &if, in their opinion, they need the #FP or P+P to maintain order inside the pollin( place' Remember, the #FP or P+P are not allowed inside the pollin( place or within a :;9meter radius from the pollin( place e/cept to vote. However, they can be summoned by the BE% to be near enou(h to be called anytime in case the need arises.

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0ithin premises o prison or $etention compoun$ o any law enorcement or investigation agency  The !omelec through the Election +,cer may authoriGe transer o counting o votes ;ust be recor$e$ in the ;inutes

ho are alloe) insi)e the polling place/ ;embers o the BET  0atchers who stay in $esignate$ area   "oters casting their votes  "oters waiting or their turn to vote  "oters waiting or their turn to get ballots   HailIPrison escorts or $etainee voters ;embers o 8BET 6 there is a woman who uses her mai$en name or marrie$ surname or both an$ there is a can$i$ate with the same surname>  Ballot bearing such surname only shall be counte$ in avor o the incumbent For e/ample= $oman andidate is *eviste) Incumbent is *eviste. Cote (oes to the incumbent *eviste by virtue of the Equity of the Incumbent Rule. >> 

+btain rom BET certifcate o its fling an$Ior its resolution 'nimpe$e$ view o the ballot being rea$ election returns an$ tally boar$ 06TD+'T T+'!D6: TDE; Be urnishe$ 'P+ ?EK'E8T with certifcate o votes $uly signe$ an$ thumb mare$ by the BET But they shall not spea to any BET voter or among themselves in such a manner as woul$ $isturb BET procee$ings %hey are allowed to spea- provided it is only for clari0catory questions. %hey cannot orally ar(ue) once they ar(ue, they will be as-ed to put that in writin(. %he proceedin( of the BE% is supposed to be solemn.

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>> 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 (ets the vote.

o watcher can$i$ate or any other person is allowe$ to participate Ecept when watcher fles protest   ?ecor$e$ in the minutes If there is a question as to ballot appreciation, only the three BE% will decide. $atchers cannot participate) they cannot ar(ue. %hey can 2ust 0le a written protest.

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9 Basic Rules in Ballot Appreciation '-errer  o!elec: ;R "o# 13$98$: 10 April 2000*< 1. 6ntent rule L 9 $hat is the intention of the voter5 2. eighborhoo$ rule L #. 6$em sonas rule L 9 Idem "onas= soundin( the same or ali-e) havin( the same sound. # term applied to names which are substantially the same, thou(h sli(htly varied in the spellin(. 9 Even if the spellin( is wron( but if it sounds ali-e, it will be counted in favor of  the candidate. &. ECuity o the incumbent rule L 9 #pply this rule only when one of the candidates is incumbent  ). 8uperiority o surname rule

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> %he 0rst four rules are provided for in the case of Ferrer v. omelec, the "uperiority of surname rule is based on the opinion of #tty. ?u2ilde.

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o to appreciate ballot/  6 only the @6?8T A;E or 8'?A;E o the can$i$ate is written>  "ote is "A56* provi$e$ there is no other can$i$ate with the same frst name or surname or the same o,ce E/ample= %he candidate is @uan ru  "otes shall be counte$ or all For e/ample= For councilor, three candidates have the surname A%an  If the voter writes A%an on three lines for ouncilor, everybody (ets a   vote. If the voter writes only on two lines, nobody (ets a vote unless one of   them is incumbent. In that case, the incumbent (ets one vote and not two votes. If both were incumbent, each one (ets one vote.   If the two candidates are incumbent and only one surname is written,   nobody (ets a vote. 6 a single wor is written which is the frst name o a can$i$ate an$ the surname o another> "ote shall be counte$ or the can$i$ate bearing the 8'?A;E  For e/ample= %he 0rst name of andidate # is Rodri(o and the surname of andidate B is Rodri(o, the vote (oes to andidate B by virtue of "uperiority of "urname Rule. 6 2 wor$s are written on the 8A;E 56E one o which is the frst name o a can$i$ate an$ the surname o another> "ote shall +T be counte$ or E6TDE?  For e/ample= 8ichael !smeDa) nobody (ets a vote even if one of them is incumbent.

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A name or surname incorrectly written which when rea$ has a soun$ similar to the name or surname o a can$i$ate> "ote shall be counte$ in avor o such can$i$ate  For e/ample= Aruise instead of Aru "ote shall be counte$ in the position he aspires or B'T i it is inten$e$ to  i$entiy the ballot it becomes "+6* For e/ample= A"elma is written for 8 ayor and A"elma is also written for ouncilor but the candidate is runnin( for 8ayor, the vote for 8ayor shall be counted but the vote for ouncilor shall be considered a stray vote. $hen we say of a stray vote, meanin( only that vote is invalidated. It does not invalidate the entire ballot. However, if it is intended to identify the ballot, it becomes void &8#RE6 B#**!%'. Before the BE% counts the ballots or appreciates the ballots, they sort the ballots to chec- if there are mar-ed ballots. !nce they 0nd a mar-ed ballot, automatically it is voided) everythin( in the ballot is void. 6 the name o the can$i$ate is E?A8E* an$ another clearly written "ote shall be counte$ in avor o the new name  6 the initial o a frst name mi$$le name or surname is incorrect>   "ote is vali$ an$ shall be counte$ &unless the BE% thin-s it is a mar-ed ballot' 6 the name o a can$i$ate is the same as the name o another who is not a can$i$ate>  "ote is counte$ or can$i$ate

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6 there are prefes or su,es> "ote is still vali$  For e/ample= "ir 8ichael Rama, 6on %omas !smeDa icnames an$ appellations o aection an$ rien$ship accompanie$ by frst name or surname is "A56*> icname +5M vali$ i can$i$ate is generally or popularly nown in the  locality 6nitials only illegible an$ $o not su,ciently i$entiy can$i$ate>  8tray but will not invali$ate whole ballot However, if the BE% thin-s that it is a mar-ed ballot, the entire ballot will be voided. !orrect frst name with $ierent surname +? correct surname with $ierent frst name>  8tray but will not invali$ate whole ballot Ballot written with crayon lea$ pencil or in "ali$ unless use$ to i$entiy the ballot in which case it is consi$ere$ a  ;A?JE* ballot an$ shoul$ be consi$ere$ "+6* Gnless used to identify the ballot, in which case, it is will be considered a mar-ed ballot and should be considered void. 6 there are 2 or more can$i$ates written in a single position>   The vote shall not be counte$ or either or all but $oes not aect vali$ity o the others

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6 the can$i$ates vote$ or EN!EE* the number o those to be electe$>  Ballot is vali$ but counte$ only or those frstly written until the authoriGe$ number is covere$ "ote or non-can$i$ate an$ or a can$i$ate or an o,ce he $i$ not aspire or>  8tray but $oes not invali$ate the entire ballot Ballot containing name o can$i$ate P?6TE* PA8TE* +? A@@6NE* TD?+':D AM ;E!DA6!A5 P?+!E88>  T+TA55M '55 A* "+6*  It will be null and void for bein( a7/ed throu(h mechanical process or for bein( a mar-ed ballot. !ircles crosses or lines on blan spaces>  6n$icate $esistance rom voting an$ shall not invali$ate the ballot Gnless used to identify the ballot, in which case, it is will be considered a mar-ed ballot. !ommas $ots lines or hyphens between the frst name an$ surname or in other parts o the ballotO traces o the letters 7T9 7H9O two or more in$s o writingO use o acci$ental ourishes stroes or strains> *oes not invali$ate ballot unless it clearly appears to have been  $eliberately $one to i$entiy the ballot Ballot which appears to have been flle$ by 2 $istinct persons> '55 A* "+6*  6 the space or Punong Barangay is blan but the name o the can$i$ate or Punong Barangay is written in the frst line or Barangay Jagawa$> !ount in avor o the can$i$ate pursuant to the eighborhoo$ ?ule  If there are blan- spaces between the space for Punon( Baran(ay and   the space for Baran(ay a(awad where the name of the Punon( Baran(ay candidate is written, the +ei(hborhood Rule will no lon(er apply. If there is a candidate, runnin( as Baran(ay a(awad, havin( the same   name as the candidate for Punon( Baran(ay and the name is written in the space for Baran(ay a(awad, then the vote will be counted for the Baran(ay a(awad candidate. If the candidate for Punon( Baran(ay has the same surname with a   candidate for Baran(ay a(awad and the same surname is written on the 0rst two spaces for B aran(ay a(awad, the vote may be counted for Punon( Baran(ay and Baran(ay a(awad by virtue of the +ei(hborhood Rule. &It actually depends on how the BE% will appreciate the votes, for as lon( as they have a basis.' "ote or can$i$ate $isCualife$ BM @6A5 H'*:;ET>  8tray but will not invali$ate the entire ballot Ballots wholly written in Arabic in localities where it is o general uses are vali$ Acci$ental tearing or peroration o ballot $oes not invali$ate it @ailure to remove $etachable coupon $oes not annul ballot

%a-e note that the + ei(hborhood Rule is not found in the !mnibus Election ode. I t is found in 2urisprudence. %hat is actually a concept made by the HRE% &House of Representatives Electoral %ribunal'. What is the concept or logic behind the Incumbent Rule? Remember that, as much as possible, we need to 0nd 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 servin( them. %here is a  presumption of familiarity.

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In automated elections, since it is the P!" machine that counts, there are no second chances. %hus, if you commit a mista-e, you cannot as- for another ballot.

 #nother e/ample, for "enators= 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 (ets a vote since you e/ceeded the allowable slots for that position) but, the entire ballot  is not invalidated.

For e/ample, you wanted to vote for andidate B but you m ar-ed the circle beside the name of andidate # and you mar-ed that circle  and mar-ed the correct circle beside andidate B. %hat will not be counted by the machine and will be invalidated) but, that will not invalidate the entire ballot.

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