Briefing on Ballot Appreciation When we say the Board of Election Tellers (BET), it is for the Barangay Elections; when

n Tellers (BET), it is for the Barangay Elections; when we say the Board of Election
Rules for the 28 October 2013 Barangay SK Elections Inspectors (BEI), it is for the Local or National Elections. (I don’t 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
Comelec Resolution No. 9751 (Promulgated 5 August 2013) --- see separate file power to appreciate votes. That is the heart and soul of the powers and functions of the BET.)

TRUE OR FALSE? BET Qualifications

 Of good moral character and irreproachable reputation
1. Public school teachers with temporary appointment cannot serve as BET.  Registered voter of city or municipality (where they are assigned on the day of the elections)
2. After counting, BET must always furnish watchers with Certificate of Votes.  Able to speak and write Filipino, English or the local dialect
3. The BET must always decide by majority vote.  Never been convicted of any election offense or any other crime punishable by more than 6 months of
4. Upon entering the polling place, the watcher shall present to the BET Chairman his or her watcher’s imprisonment
appointment duly signed by the candidate only.  No pending case for election offense
5. During ballot appreciation, the watcher may hold the Official Ballot to make sure the Chairman read what was
written in it. Take note that in the first, it requires conviction but it refers actually to any other crime punishable by more than 6
6. During ballot appreciation, watchers shall file written objection and should remain silent during the entire voting months of imprisonment; because if there is a pending election offense faced by the BET, even if it is still pending,
and counting. automatically they are disqualified.
7. Watchers are allowed to take photographs of the BET proceedings except the Official Ballot, especially when
read by the Chairman. BET Disqualification
8. On Election Day, casting of votes start at 7am until 3pm only.  Relationship within the 4th civil degree of consanguinity or affinity to:
9. The BET cannot conduct preliminaries to voting at 6am if no watchers are around.  Any member of same BET
10. Lawyers of candidates are not allowed inside the polling place except to vote.  Any candidate of the barangay where he serves
11. To save time, the BET Chairman may authenticate all Official Ballots during preliminaries to voting.
12. Before counting, the BET is allowed to unfold the Official Ballots to determine whether there are marked BET Powers and Functions
ballots.  Conduct voting and counting of votes within their polling place
13. During ballot appreciation, watchers may verbally tell the BET Chairman that a certain vote should be counted  Act as deputies of the Commission in the supervision and control of the election
in favor of a certain candidate.  Maintain order within the polling place
14. In ballot appreciation, every ballot is presumed valid unless there is clear and good reason to justify its The BET’s authority is supreme. They act as a judge inside the polling place. Whatever they say and do is
rejection. final and executory; there is no appeal and there is no motion for reconsideration inside the polling place.
15. A vote is valid even if it contains prefixes such as “Sir”, “Gov.”, “Mr.”  Prohibit use of cellular phones and camera by the voters
16. A ballot written in crayon is not valid. Remember that the prohibition is only the use. You can bring a cellphone/camera but you cannot use it
17. A sticker bearing the name of a candidate may be pasted on the ballot and counted in favor of the candidate inside the polling place.
bearing his name.  Enforce obedience to its lawful orders
18. At the end of counting, the votes of each candidate shall be totalled in words and figures. If candidate gets 40,  Order peace officer or any competent person to take the disobedient to custody
it should be written “40” followed by “fourty”.  Power to issue warrant of arrest
19. During ballot appreciation, the watchers may agree among themselves whether a certain vote is counted in Who can be arrested? A BET member who does not appear on Election Day with the purpose to sabotage
favor of a certain candidate. the performance of election functions. If, in their opinion, one member is absent because he wants to
20. All ties must be broken by drawing of lots. prevent the others from performing their election duties, they can have that member arrested by the PNP
to bring him to the polling place so that he can perform his official duties.
What is ballot appreciation?  Power to order any peace officer to take into custody any disobedient person
 It is the determination of the vote using the information written on the official ballot by the voter, his or her  Authority is supreme inside the polling place
intention and for whom it is, or should, be counted, based on existing rules.  Perform quasi-judicial functions
 It is when the BEI decides whether or not a certain vote can be counted in favor of a certain candidate. Many lawyers in the Comelec say that they perform only administrative functions inside the polling place
 It is the equivalent of Ballot Revision in case of an election protest. but in my opinion they perform quasi-judicial functions because they actually interpret and apply legal
 For manual elections, ballot appreciation is done by the BEI. However, in automated elections, ballot provisions in the conduct of voting and counting of votes especially during ballot appreciation.
appreciation is done by the PCOS machine.  Power to administer oath
They are not notaries public but they can administer oath over election documents.
What is the objective of ballot appreciation during election?  Power to order detail of AFP or PNP (if, in their opinion, they need the AFP or PNP to maintain order inside the
 to obtain the expression of the voter’s will polling place)
Remember, the AFP or PNP are not allowed inside the polling place or within a 50-meter radius from the
As much as possible, the BEI is mandated to discover or decipher the intention of the voter. 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.
Who will appreciate ballot?
 Board of Election Tellers (BET) composed of public school teachers: Chairman, Poll Clerk and Third Member  Power to screen watchers

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 If you are a watcher, what you need to present the moment you get inside the polling place is your  Barangay tanods
appointment as a watcher. Without your appointment as a watcher, the BET can decline your presence  Incumbent barangay or SK official, whether elected or appointed
inside the polling place.
 Power to prohibit lawyers and candidates from the polling place I am talking here about Barangay Elections because, again, in the Local and National Elections there is no more
Lawyers and candidates are not allowed inside the polling place except to vote. They cannot stay to Ballot Appreciation. It is the PCOS machine that appreciates or counts the ballot.
witness the proceedings because that function pertains to the watchers who are virtually the
representatives or lawyers of the candidates inside the polling place. Who can be appointed as watchers?
 Registered voter of the barangay where he or she is assigned
What is the extent of BET power and authority to appreciate ballot?  Of good reputation
 It must be public and witnessed by the watchers  Not convicted by final judgment for any election offense or any other crime
 Held at the designated polling place  Knows how to read and write Filipino, English or any of the prevailing local dialect
 Watchers are afforded unimpeded view of the ballot when read, WITHOUT TOUCHING IT  Not related within 4th civil degree of consanguinity or affinity to any member of the BET where he or she is
Remember that the official ballot is virtually untouchable; it cannot be touched (even by the candidate or assigned
the lawyer). Only the BET Chairman can touch the ballot.
 BET performs quasi-judicial function, decides as a collegial body & by majority vote Rights and duties of watchers
In case of disagreement, they decide by majority vote.  Stay in the space reserved for them inside the polling place
 BET acts through the Chairman  Witness the proceedings of the BET
The BET, although collegial, acts through the Chairman. Whatever the BET decides on, it is promulgated  Take note of what they may see or hear
by the Chairman.  Take photographs of the BET proceedings, election returns, ballot boxes, tally board
 BET decision is final and un-appealable In case of discrepancy between the election returns and the tally board, the election returns prevail.
 BET by unanimous vote recommends in writing However, they cannot take photographs of the official ballot because of the secrecy and sanctity of the
 Majority of watchers present endorses in writing ballots.
 Grounds – imminent danger of widespread  File a protest against any irregularity or violation of law he BELIEVES may have been committed by BET or any
 Violence person
 Terrorism  Obtain from BET certificate of its filing and/or its resolution
 Disorder  Unimpeded view of the ballot being read, election returns and tally board, WITHOUT TOUCHING THEM
 Similar causes of comparable magnitude  Be furnished, UPON REQUEST, with certificate of votes, duly signed and thumb marked by the BET
 But they shall not speak to any BET, voter, or among themselves, in such a manner as would disturb BET
How to transfer counting of votes? proceedings
 Nearest safe barangay or school building They are allowed to speak provided it is only for clarificatory questions. They cannot orally argue; once
 Not located within perimeter of or inside – they argue, they will be asked to put that in writing. The proceeding of the BET is supposed to be solemn.
 Military or police camp, reservation
 Headquarters, detachment or field office What are the basic rules in ballot appreciation?
 Within premises of prison or detention compound of any law enforcement or investigation agency  Every ballot is PRESUMED VALID unless there is clear & good reason to justify its rejection
 The Comelec through the Election Officer may authorize transfer of counting of votes In other words, rejection or considering it as a stray vote/ballot is the last resort. As much as possible, the
 Must be recorded in the Minutes BET must give life to the intention of the voter.
 In case of doubt, the intention and expression of the voter’s will must be carefully determined
Who are allowed inside the polling place?  Questions are decided by majority of BET
 Members of the BET
 Watchers who stay in designated area  No watcher, candidate or any other person is allowed to participate
 Voters casting their votes  Except when watcher files protest
 Voters waiting for their turn to vote  Recorded in the minutes
 Voters waiting for their turn to get ballots If there is a question as to ballot appreciation, only the three BET will decide. Watchers cannot participate;
 Jail/Prison escorts for detainee voters they cannot argue. They can just file a written protest.
 Members of SBET (Special Board of Election Tellers)
 Others specifically authorized by the Commission 4 Basic Rules in Ballot Appreciation (Ferrer v Comelec, GR No. 139489, 10 April 2000)*
1. Intent rule *
Take note that this enumeration is exclusive except the one in the last part (i.e., others specifically authorized). It is - What is the intention of the voter?
exclusive in the sense that you cannot see the name of the lawyer or the name of the candidate. 2. Neighborhood rule *
3. Idem sonas rule *
Who are NOT allowed inside the polling place? - Idem Sonas: sounding the same or alike; having the same sound. A term applied to names which are
 Any officer or member of the AFP or PNP substantially the same, though slightly varied in the spelling.
 Any peace officer or armed person belonging to any extra-legal police agency, special, reaction, strike forces, - Even if the spelling is wrong but if it sounds alike, it will be counted in favor of the candidate.
CAFGU, paramilitary forces, special forces, security guards, special policemen 4. Equity of the incumbent rule *
 All other kinds of armed or unarmed extra legal police forces - Apply this rule only when one of the candidates is incumbent
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 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.
 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:
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 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 is still valid
For example: Sir Michael Rama, Don Tomas Osmeña
 Nicknames and appellations of affection and friendship accompanied by first name or surname is VALID:
 Nickname ONLY, valid if candidate is generally or popularly known in the locality
 Initials only, illegible and do not sufficiently identify candidate:
 Stray but will not invalidate whole ballot
However, if the BET thinks that it is a marked ballot, the entire ballot will be voided.
 Correct first name with different surname OR correct surname with different first name:
 Stray but will not invalidate whole ballot
 Ballot written with crayon, lead pencil, or ink (wholly or in part):
 Valid unless used to identify the ballot, in which case it is considered a MARKED ballot and should be
considered VOID
Unless used to identify the ballot, in which case, it is will be considered a marked ballot and should be
considered void.
 If there are 2 or more candidates written in a single position:
 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:
 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
It will be null and void for being affixed through mechanical process or for being a 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.)

 Vote for candidate disqualified BY FINAL JUDGMENT:

 Stray but will not invalidate the entire ballot
 Ballots wholly written in Arabic in localities where it is of general uses are valid
 Accidental tearing or perforation of ballot does not invalidate it
 Failure to remove detachable coupon does not annul ballot

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.

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.

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.