Republic of the Philippines

HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL

Electoral Tribunal Building
Commonwealth Avenue, Quezon City
GUIDELINES ON THE REVISION OF BALLOTS
The House of Representatives Electoral Tribunal (HRET) hereby adopts the following guidelines on the
Revision of Ballots for election protests under the Automated Election System (AES).
Section 1. Revision Time and Venue. - (a) Period for revision. - The revision shall be conducted from 9:00 a.m.
to 11:30 p.m. and from 1:30 p.m. to 4:30 p.m. from Monday to Friday, except on non-working holidays.
(b) Revision to continue even if a party revisor is absent or late. - The revision shall not be delayed or
postponed by reason of the absence or tardiness of a party's revisor or substitute revisor, as long as the
Head Revisor and one Party Revisor are present. The Tribunal may at any time designate another Head
Revisor if the regular Head Revisor fails for any reason to report.
(c) If the revisor is absent or late. - During the revision of ballots in the protested precincts, if the revisor
of the protestee is absent or late for thirty minutes and no alternate appears as a substitute, the revision
shall nevertheless commence. The protestee shall be deemed to have waived the right to appear and to
object to the revision of ballots made during his or her revisor's absence or tardiness. The same rule
applies if the revisor of the protestant is absent or late during the revision of ballots in the counter-
protested precincts.
(d) If the revisor of the protestant or the revisors of both parties fail to appear. - If the protestant's revisor
or the revisors of both parties or their alternates fail to appear within thirty minutes after the scheduled
start of the revision of ballots in the protested precincts, the ballot boxes scheduled for revision for that
day and the corresponding ballot box keys in the possession of the Head Revisor, shall be returned to the
Tribunal's ballot box custodian, and the ballots shall no longer be revised; the parties are deemed to have
waived their right to the revision for that day, and the Head Revisor shall state the facts of absence and
waiver in the revision report. The same rule applies if the revisors of the protestee fail to appear during
the revision of ballots in the counter-protested precincts.
Section 2. Revision Teams; Composition, Functions and Conduct. - During the Revision of Ballots in each
election protest, twenty (20) Revision Teams shall be created or such numbers as may be deemed appropriate.
Each Revision Team shall be composed of (a) a Head Revisor who shall be designated by the Tribunal, (b) a
Party Revisor designated by protestant, and (c) a Party Revisor designated by protestee. The party revisors
must be accredited by the Tribunal.
In addition, there shall be an alternate Head Revisor designated by the Tribunal. The parties shall also designate
a supervisor and alternate party revisors.
The Revision Teams shall conduct the Revision of Ballots under the strict supervision of the Tribunal or its duly
authorized personnel/representatives. The members of the Revision Teams shall discharge their duties with the
highest degree of trust, integrity, and probity. They shall exercise extraordinary diligence and take
precautionary measures to prevent the loss, disappearance or impairment of the integrity of ballots, election
documents, whether electronic or printed, and other election paraphernalia.
Section 3. Compensation - The compensation of Regular Head Revisors and/or alternate Head Revisors shall be
eight hundred pesos (P800.00) for every revision day actually served, to be charged to the cash deposits of their
parties.
The compensation of Party Revisors shall be directly paid by the respective parties who designated them.
Section 4. Authorized HRET Personnel in the Revision of Ballots. - The Secretary of the Tribunal shall
designate the following personnel in the revision of ballots in each election protest: (a) a Ballot Box Custodian;
(b) a Head Revision Supervisor; (c) four (4) Revision Supervisors who shall each be assigned to supervise a
particular number of Revision Teams; (d) two (2) Revision Reports Appraisers; and (e) at least three (3) Utility
Personnel. The Chief of the Canvass Board Service or his duly authorized representative and the Hearing
Commissioner or Deputy Hearing Commissioner of the election protest involves shall be designated as Over-
All Supervisor and Legal Consultant, respectively.
Section 5. Prohibited Access. - During the Revision of Ballots, only the Chairperson and Members of the
Tribunal or their duly authorized representatives, the Secretary of the Tribunal or duly authorized
representative, the Deputy Secretary of the Tribunal or duly authorized representative, the duly authorized
HRET personnel, the Head Revisors and Party Revisors of the Revision Teams, and the parties, their counsels
and their supervisors shall be allowed inside the revision area. However, only one (1) counsel and one (1)
supervisor for each party shall be allowed to enter the revision area at any one time.
Section 6. Security Measures
(a) As part of the security measures to be observed during the Revision of Ballots, to maintain the
integrity of the proceedings and to ensure the protection of ballots, election documents, electronic device
and gadgets, and other election paraphernalia involved therein, the NO I.D. - NO ENTRY POLICY
shall be implemented as follows:
(1.) Office I.D. cards for authorized HRET personnel.
(2.) Color-coded I.D. cards to be issued by the Tribunal, as follows:
a.) White for Head Revisors
b.) Light Blue for Protestant's Revisors, Supervisors and Legal Counsels.
c.) Light Pink for Protestee's Revisors, Supervisors and Legal Counsels.
(b) Before leaving the revision area during lunch break and after the conclusion of each working day, all
member of the Revision Teams shall leave behind their I.D. cards in the care of the PNP-on-duty/guards-
on-duty, and the latter, on the same duty, shall turn over the same to the Canvass Board Service. All I.D.
cards of the Party Revisors, supervisors and counsels shall be permanently surrendered upon the
completion of the revision proceedings.
The PNP-on-duty/guards-on-duty shall conduct body search of all persons coming in and out of the
revision area, except HRET personnel. Instead, the Head Revision Supervisor shall ensure that all
Tribunal personnel involved in the said proceedings do not bring in and out of the said venue any
document involved in such Revision of Ballots.
Bags, folders, newspapers and personal belongings (such as but not limited to cell phones, cameras, radio
and other electronic equipment and gadgets) shall be prohibited inside the revision area.
(c) Only the following materials shall be allowed inside the revision area: (a) colored ballpoint pens (i.e.,
RED for exhibit markings and BLUE for accomplishing the revision forms; (b) blank HRET official
revision forms; and (c) carbon papers, masking tapes, permanent markers, brown envelopes and other
supplies or equipment officially used in the Revision of Ballots.
(d) No food and drinks shall be brought inside the revision area. A five (5)-minute break may be
arranged by the members of each of the Revision Teams, provided that, the ballot box subject of
revision has already been completed and returned to the Ballot Box Custodian. The taking of food or
drinks shall be allowed only outside the revision area. (as amended per Resolution of February 10,
2011).
Smoking and drinking of wines or liquors and other alcoholic beverages shall be strictly prohibited inside
the Tribunal building during the conduct of such proceedings.
(e) The members of the Revision Teams shall not be allowed to roam around the revision area. They shall
stay within their respective places of assignments during the period of conduct of such proceedings,
Unreasonable substitution, transfer or exchange of Party Revisors from one Revision Team to another
shall not be allowed.
(f) Each Revision Team shall be assigned only one precinct/clustered precincts for revision each time.
The Ballot Box Custodian shall ensure that only the ballot box belonging to the precinct/clustered
precincts assigned to each Revision Team shall be released each time. Self-locking security seal shall
likewise be issued simultaneously with the release of each ballot box.
(g) The ballot box subject of the revision shall be placed beside the revision table of the Revision Team or
in an area which is within the plain view of all members of the team. The Head Revisors shall open the
ballot box only in the physical presence of the Party Revisors. The opening of the ballot box and the
retrieval/return of the ballots and other election documents shall be witnessed by the Revision Supervisor
assigned to the Revision Team.
(h) No ballot box shall be forced open, unless authorized by the Tribunal by reason of unfitness or
unavailability of its corresponding keys. In the event of forced opening, the Ballot Box Custodian shall
issue at least one (1) new padlock and shall strictly require the Revision Team concerned to lock the
ballot box involved after the completion of the proceedings. The said incident shall be reflected by the
Head Revisor in the Revision Report that will be submitted to the Tribunal.
(i) The Head Revisor shall accomplish a Checklist of all envelopes and election documents retrieved from
the ballot box.
(j) Recount, segregation and classification of all ballots involved as well as the writing or marking of
exhibit numbers for the parties' objected and claimed ballots shall exclusively be done by the Head
Revisor and cannot be delegated. Ballpens and marking pens shall strictly be placed under the table
during the recount, segregation, classification and examination of ballots.
(k) The Head Revisor shall place the parties' objected and claimed ballots inside the envelope and seal the
same only after they have been checked and reviewed by the assigned Revision Supervisor. The Revision
Supervisor and all members of the Revision Team shall affix their respective signatures over their printed
names on the sealed envelope.
(l) Before closing the ballot box after completion of the proceeding, the Head Revisor shall ensure that all
envelopes and election documents are complete by marking the Checklist accordingly while the
envelopes and election documents are being consecutively returned inside the ballot box in the presence
of the Party Revisors and the assigned Revision Supervisor. The Revision Supervisor and all members of
the Revision Team shall affix their respective signatures over their printed names on the spaces provided
for in the Checklist which shall property be attached to the ballot box.
(m) The ballot box shall be locked during lunch break. Before closing the ballot box, the Revision Team
shall ensure that all the contents of the ballot box have been properly returned therein.
(n) After the completion of the revision proceedings in each of the precincts involved, all original pages
of the annexes accomplished by the Party Revisors shall be attached to the Revision Report prepared by
the Head Revisor. Said Revision Report with complete original copies of the accomplished annexes shall
be submitted to the Revision Report Appraisers for their review and appraisal.
Section 7. Revision Report
(a) The members of the Revision Teams shall accomplish a report on the result of their revision in every
precinct/clustered precinct, the ballot box contents of which underwent their examinations, in an official
form provided by the Tribunal (see attached Revision Report form). The Revision Report accomplished
by the Head Revisor shall be considered as the original Tribunal's copy.
(b) In accomplishing the Revision Report, writings should be legible and all data should be completely
filled up particularly pages 1-3 of the Revision Report.
(c) Only the Head Revisor shall be allowed to write on the original Tribunal's copy of the Revision
Report.
(d) Following the appropriate sequence of entries appearing on the Revision Report, the Revision Team
shall fill or supply the needed data and information on the Revision Report whenever applicable or
indicate "N/A" if not applicable.
Section 8. Condition of Ballot Box
(a) The Revision Team shall note, before opening the ballot box, the condition of the ballot box as well as
that of the locks or locking mechanism and the Head Revisor shall record the condition in the Revision
Report by filling up the entries under Item No. 1, page 1 of the Revision Report, including observations,
if any, as regards the outer condition of the ballot box (e.g., padlocks and self-locking security seal
properly attached and locked).
(b) Open the ballot box and write observations, if any, of the inner condition of the ballot box and
condition of envelopes (e.g. self-locking security seal properly attached and locked/envelope pasted and
sealed), on the appropriate spaces of the Revision Report.
Section 9. Contents of Ballot Box; Material Data
(a) The Revision Team shall fill up entries pertaining to the contents of the ballot box under Item No. II-A
and II-B, pages 1-2, of the Revision Report which shall contain the following data: (a) the total number
of votes obtained by each candidate for congressman/representative based on the ballot box copy of the
Election Returns (ER); (b) the total number of valid ballots retrieved from the ballot box; (c) the total
number of votes counted for protestant, protestee and other candidate/s for congressman/representatives;
(d) the total number of ballots tentatively classified as stray ballots based on the physical count of ballots
made by the Revision Team; (e) the total number of the parties' objected and unobjected ballots; and (f)
The total number of claimed and unclaimed ballots.
(b) No parties' arguments in support of or against objections or claims to ballots shall be entertained and
set forth in the Revision Report.
Section 10. Revision of Ballots
(a) Dispute ballots shall be numbered consecutively with RED ballpen by the Head Revisor. BLUE
ballpen shall strictly be used for accomplishing the revision forms. DO NOT FOLD THE BALLOT OR
WRITE ON THE FACE OF THE BALLOT PARTICULARLY ON THE MARK.
(b) The Head Revisor shall count the "VALID" BALLOTS retrieved from the ballot box.
(c) The Head Revisor shall, prior to the classification of the valid ballots, authenticate each and every
ballot, through the use of the PCOS machine actually used during the elections in the subject precinct or
by another device certified by the Commission on Elections as one that can perform the desired
authentication requirement such as the use of bar code and ultra-violet ray code detection mechanism, to
make sure that they were the same ballots that were cast and fed to the PCOS machine during the
elections.
(d) When it has been shown, in a preliminary hearing set by the parties or by the Tribunal, that the
integrity of the ballots and ballot boxes used in the May 10, 2010 elections was not preserved, as when
there is proof of tampering or substitutions, the Tribunal shall direct the printing of the picture images of
the ballots of the subject precinct stored in the data storage device for the same precinct. The Tribunal
shall provide a non-partisan technical person who shall conduct the necessary authentication process to
ensure that the data or image stored is genuine and not a substitute. It is only upon such determination
that the printed picture image can be used for the revision, (as amended per Resolution of February 10,
2011).
(e) After such determination, The Head Revisor shall classify the valid ballots into four (4) categories, to
writ:
(1) BALLOTS FOR PROTESTANT
(2) BALLOTS FOR PROTESTEE
(3) BALLOTS FOR OTHER CANDIDATES
(4) STRAY BALLOTS
In classifying the valid ballots, the Head Revisor shall look at the shade or mark used to register vote for
representative/congressman.
Valid ballots with two or more shades or marks used to register vote for representative/congressman or
without any shade or mark shall be tentatively classified as STRAY BALLOTS. Valid ballots with mar
or shade which are less than 50% of the oval shall also be tentatively classified as STRAY BALLOTS.
Any issue as to whether a certain mark or shade is within the threshold shall be determined by feeding
the ballot on the PCOS machine, and not by human determination. In case there is no PCOS machine, the
ballot shall be tentatively classified as stray.
Any other question pertaining to the application of the rules on appreciation of ballots shall be referred to
the Legal Consultant.
(f) The Revision Team shall then Fill-up the spaces pertaining to valid ballots under Item No. III-A, pages
2.
(g) After classification, the Head Revisor team shall give the Ballots for Protestant to Protestant's Revisor,
and the Ballots for Protestee to Protestee's Revisor, for their examination and comments.
(h) The Head Revisor shall then give the Ballots for Protestant to Protestee's Revisor, and the Ballots for
Protestee to Protestant's Revisor, for viewing, examination and segregation of ballots they intend to
challenge/contest or object. Thereafter, they shall each group or sort the challenged/contested ballots
under such classification and sequence as the Tribunal may establish. Then, they shall hand the
challenged/contested ballots to the Head Revisor for making of Precinct Number and Exhibit Number.
Protestant's and protestee's contested ballots shall be marked lightly with precinct number and exhibit
numbers separately and consecutively at the back portion of the ballot. DO NOT FOLD THE BALLOT
OR WRITE ON THE FACE OF THE BALLOT PARTICULARLY ON THE TIME MARK.
(i) The Party Revisors shall fill up entries pertaining to objected ballots on the respective annexes (Annex
"A" or Annex "A-1"), while the Head Revisor is counting the uncontested and objected ballots, who
shall, thereafter, fill up the appropriate spaces/entries pertaining to said objected and uncontested ballots
in Item No. III-A, Nos. 2 & 3, page 2.
(j) Before the contested ballots (all objected and claimed ballots) are placed inside the properly labeled
envelope and sealed, the Head Revisor shall call the assigned Revision Supervisor to check and review
the precinct number and exhibit numbers indicated on each of the contested ballots to ensure the
completeness of the ballots and the accuracy and appropriateness of the exhibit makings. Protestant's and
protestee's objected and claimed ballots shall each be placed and sealed inside separate properly labeled
envelopes.
(k) The Head Revisor shall then give the ballots for OTHER CANDIDATE/S to the Party Revisors who
may register a claim thereon. Claimed ballot/s shall be given to the Head Revisor for making of Precinct
Number and Exhibit Number. The appropriate entries pertaining to "other candidates" under Item No.
III-A, No. 4, page 2 shall be filled up. Consequently, the Party Revisors shall list claimed ballots for
other candidates, if any, in the appropriate spaces of Annexes "B" or "B-1".1avvphi1
(l) The STRAY ballots shall be given to the Party Revisors to determine if there are legal grounds to
claim any or all of the ballots. Thereafter, claimed ballots shall be returned to the Head Revisor for
making of Precinct Number and Exhibit Number.
(m) The Head Revisor shall fill-up the appropriate spaces pertaining to claimed stray ballots under Item
III-A, No. 5, page 2. The Party Revisors shall list such claimed ballots, in the appropriate spaces of
Annexes "C" or "C-1".
(n) UNLESS THE PICTURE IMAGE OF THE BALLOT IS USED in applicable cases, the Head Revisor
shall retrieve from the ballot box the envelope containing the REJECTED BALLOT/S. The Head
Revisor shall inspect the envelope and write on the appropriate space of the Revision Report the
condition of the envelope and its paper seal. Thereafter, the Head Revisor shall open the envelope,
retrieve and count the rejected ballot/s and fill-up the corresponding spaces pertaining to rejected ballots
under Item III-B, page 2.
(o) The REJ ECTED BALLOT/S shall be given to the Party Revisors to determine if there are legal
grounds to claim any or all of the ballots. Then, claimed ballot/s shall be returned to the Head Revisor for
making of Precinct Number and Exhibit Number.
(p) The Head Revisor shall fill-up the entries pertaining to the rejected ballots claimed by the parties
under Item No. III-B, Nos. 2, 3 & 4, page 2. The Party Revisors shall list such claimed ballots if any in
the appropriate spaces of Annexes "D" or "D-1".
(q) The Head Revisor shall place inside separate properly labeled envelopes: (a) the parties' OBJECTED
BALLOTS; (b) the parties' CLAIMED STRAY BALLOTS; (c) the parties' CLAIMED BALLOT/S
FOR OTHER CANDIDATE/S; (d) the parties' REJECTED BALLOTS; (e) UNOBJECTED
BALLOTS; and (f) UNCLAIMED BALLOTS. The envelopes shall then be sealed and all members of
the Revision Team shall affix their respective signatures over printed name on the flap of each sealed
envelope.
(r) All envelopes shall be placed inside the ballot box. The Head Revisor shall accomplish the Check List
of election documents to be returned inside the ballot box as required in Sec. 6 (I).
(s) All other observations and the number of pages per annex used shall be indicated on page 3 of the
Revision Report.
(t) All three (3) members of the Revision Team shall sign over their printed names on each page of the
Revision Report and thereafter submit the Revision Reports to the Revision Report Appraisers. Revision
Reports without the required signatures of each of the members of the Revision Team shall not be
accepted by the Revision Appraisers. Refusal of the Party Revisor to sign the Revision Report without
justifiable reason/s shall result to his/her immediate disqualification to participate in the succeeding
proceedings.
(u) Any Head Revisor, Party Revisor, party supervisor or any of the parties' representatives who violates
the foregoing guidelines or reforms acts detrimental to the conduct of the proceedings shall, after due
notice and hearing, be disqualified by the Tribunal in the succeeding proceedings and shall, thereafter, be
banned from entering the HRET premises.
Section 11. Printing of the picture images of the ballots in lieu of photocopying. - Unless it has been shown, in a
preliminary hearing set by the parties or motu propio, that the integrity of any of the Compact Flash (CF) Cards
used in the May 10, 2010 elections was not preserved or the same was violated, as when there is proof of
tampering or substitution, the Tribunal, in lieu of photocopying of ballots upon motion of any of the parties,
shall direct the printing of the picture images of the ballots of the subject precinct stored in the data storage
device for the same precinct. The Tribunal shall provide a non-partisan technical person who shall conduct the
necessary authentication process to ensure that the data or image stored is genuine and not a substitute.
Section 12. Amendment Clause. - The Tribunal may, at any time, amend these Guidelines.
Section 13. Repealing Clause. - All other rules, resolutions or regulations of the HRET or parts thereof that are
inconsistent with any provision of these Guidelines are hereby deemed repealed or modified accordingly.
Section 14. Effectively. - The Guidelines on the Revision of Ballots shall take effect immediately upon
approval.
Section 15. Dissemination. - Let copies of the Guidelines on the Revision of Ballots be furnished to all parties
of selection protests filed this 2010-2013 congressional term and their respective counsels, the Presidential
Electoral Tribunal (PET), Senate Electoral Tribunal (SET), the Commission on Elections, and the Courts,
through the Court Administrator.
APPROVED, January 19, 2011
(Sgd.) CONCHITA CARPIO MORALES
Associate J ustice, Supreme Court
Chairperson
(Sgd.)ANTONIO EDUARDO B.
NACHURA
Associate J ustice, Supreme Court
Member
(Sgd.)ARTURO D. BRION
Associate J ustice, Supreme Court
Member
(Sgd.)FRANKLIN P. BAUTISTA
Representative
2nd District, Davao del Sur
Member
(Sgd.)RUFUS B. RODRIGUEZ
Representative
2nd District, Cagayan de Oro City
Member
(Sgd.)JOSELITO ANDREW R.
MENDOZA
Representative
3rd District, Bulacan
Member
(Sgd.)JUSTIN MARC SB. CHIPECO
Representative
2nd District, Laguna
Member
(Sgd.)MA. THERESA BONOAN-DAVID
Representative
(Sgd.)RODOLFO B. ALBANO
Representative
4th District, Manila
Member
1st District, Isabela
Member
Source: The Philippine STAR, 13 Feb 2011
The Lawphil Project - Arellano Law Foundation