Who may qualify as substitute?

- Private school teachers, preferring those

o Employed in private schools utilized by the commission as voting centers
o Teaching in high school or college level, holding regular position or those who
have previously served as
What are the qualification of EB Members?
- Of good moral character and irreproachable reputation

What disqualifies EB members?

- Relationship

May their appointment be opposed?

- Within three days from posting of list of appointed members or posting of final list of
candidates, any interested party may file a written opposition under oath..
How powerful is the BET

What is ballot appreciation?

- The determination of the vote using the information written on the official ballot by the
voter, his or her intention, and for whom it is, or should be counted based on existing
rules.
What us the purpose of ballot appreciation?
- It is to obtain the expression of the voter’s will.

Where or how should a ballot be appreciated

- It must be public
- At a designated polling place
Note: ballot is untouchable

Who are allowed inside the polling place?

- Watchers who stay in the designated area
- Voters casting their votes
- Voters waiting for their turn to vote
- Voters waiting for their turn to get ballots
- Jail/person escorts for detainee voters
- Members of SBET

Foreigners are observers.

- 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 …

What are the rights and duties of a watcher?

- Stay in the space reserved for them inside the polling place
 - Witness the proceedings of the EB
- Take not of what they may see or hear
- Take photographs of the EB proceedings, election returns, ballot boxes, tally board
- Obtain from EB certificate of its filing and/or its resolution
- Unimpeded view of the ballot being read, ER and tally board, without touching them
- Be furnished, upon request, with certificate of votes, duly signed and thumb marked by
the EB Chair
- They shall not speak to any EB, voter, or among themselves..

What are the guiding principles in ballot appreciation?

- every ballot is PRESUMED VALID unless there is clear and good reason to justify its
rejection
- In case of doubt, the intention and expression of the voter’s will must be carefully
determined.
- Questions decided by majority of EB
- No watcher, candidate or any other person is… to participate except

What are the basic rules in ballot appreciation

1. Intent rule
2. Neighborhood rule
3. Idem sonans rule
4. Equity of the incumbent rule
5. Superiority of surname rule
- 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.
- 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
- 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
- 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
- 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 …
- If a single word 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
- 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
- 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
- If a name of the candidate for the position he aspires for his 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 indentify the ballot, if become VOID
 - If the name of the candidate is ERASED and another clearly written – 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
- If the name of the 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 is still valid
- Nicknames and appellations of affection and friendship accompanied by first name or
name is valid – nickname only, valid if candidate is generally or popularly known…
- Initials only/Illegible - does not sufficiently identify candidate, stray but will not
invalidate whole ballot
- Correct first name with different surname/correct surname with differ…
- Ballot written with crayon, lead pencil or ink, who;ly or in part – valid, unless used to
identify the ballot (marked ballot)..
- If there are 2 or more candidates written in a single position, the vote shall not be
counted for either or all – does not affect validity of the others
- If the candidate voted for EXCEED the number of those to be elected – 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 – stray but
does not invalidate the entire ballot
- Ballot containing name of candidate printed, pasted or affixed through any mechanical
process – totally null and void
- Circles, crosses or lines on blank spaces -indicate desistance from voting and shall not
invalidate the ballot (see example)
- 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; uses of accidental
flourishes…
- Ballot which appears to have been filled by 2 distinct persons – null and void (assisted –
last resort)
- 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 neighborhood rule (TN: Correct sequence rule; as much as
possible we salvage the intent of the voter)
- Vote for candidate disqualified by final judgment- stray but will not invalda…
- Ballots wholly written…

The Second-Placer Rule

- The second placer cannot be proclaimed winner if the first placer is disqualified or
declared ineligible
- in the event a candidate voted for an elective obtains highest number of votes but it is
disqualified for not possessing eligibility requirements at the time of election as
provided, by law, the candidate who obtains second highest number of votes for same
position cannot assume the vacated position.
When may the second placer be proclaimed winner
- when the CoC of the first placer is deemed void ab initio

Who are disqualified under Section23, OEC

- any person declared by competent authority as
o insane or …

Who are disqualified under Sec 65 of the OEC

- sections 39 and 40, OEC

Who are disqualified under Sec. 40, OEC?

a. ,,,

Who are disqualified under Sec. 78, OEC

- Falsity or material misrepresentation – must pertain to CARRL
- A person whose certificate of candidacy is denied or cancelled due to false material
misrepresentation in its contents as required under Sec. 74, OEC
When may a CoC be deemed valid from the beginning?
- If di…
a. Given money or other material consideration to influence, induce or corrupt the voters
or public officials performing electoral functions
b. Committed acts of terrorism to enhance his or her candidacy
c. Spent in his or her election campaign an amount in excess of what is allowed
d. Solicited, received or made any contribution prohibited under the OEC
e. Violated other sections of the OEC