Conduct of Elections

RA 8436 as amended by RA 9369

AN ACT AUTHORIZING THE COMMISSION ON
ELECTIONS TO USE AN AUTOMATED
ELECTION SYSTEM IN THE MAY 11, 1998
NATIONAL OR LOCAL ELECTIONS AND IN
SUBSEQUENT NATIONAL AND LOCAL
ELECTORAL EXERCISES, PROVIDING FUNDS
THEREFOR AND FOR OTHER PURPOSES
 What does it seek to accomplish?
"SECTION 1.Declaration of Policy. It is the policy of
the State to ensure free, orderly, honest, peaceful,
credible and informed elections, plebiscites, referenda,
recall and other similar electoral exercises by
improving on the election process and adopting
systems, which shall involve the use of an automated
election system that will ensure the secrecy and
sanctity of the ballot and all election, consolidation and
transmission documents in order that the process shall
be transparent and credible and that the results shall
be fast, accurate and reflective of the genuine will of
the people.
 What does it seek to accomplish?
"The State recognizes the mandate and
authority of the Commission to prescribe the
adoption and use of the most suitable
technology of demonstrated capability taking
into account the situation prevailing in the
area and the funds available for the purpose.
RA 9369
 Automated Election System
"SEC. 2.Definition of Terms. As used in this
Act, the following terms shall mean:
"1.Automated election system, hereinafter
referred to as AES a system using
appropriate technology which has been
demonstrated in the voting, counting,
consolidating, canvassing, and transmission of
election results, and other electoral processes;
 Salient features
Instead of manually writing down the names
of the candidates on the official ballots, the
voter will use a special pen provided by the
COMELEC and will manually shade the blank
oval beside the name of the candidate of his
choice that is listed in the ballot
 Salient features
The ballots are specific as to the precinct
where it can be used, which means that each
set of ballots can only be used in a designated
precinct
 Salient features
At the end of the voting, the PCOS
automatically generates a tally of votes and
then electronically transmits(just like text
messages) the counted votes to the
municipal/city/district/provincial canvassing
centers up to the national level
 Salient features
Erasures and extra-markings will not be
accepted by the counting machine
How do we vote now?
 Video..
2010-election-pcos-machine.flv
 COMELEC Resolution No. 9640
GENERAL INSTRUCTIONS FOR THE BOARD OF
ELECTION INSPECTORS (BEI) ON THE TESTING
AND SEALING; VOTING, COUNTING, AND
TRANSMISSION OF RESULTS IN CONNECTION
WITH THE MAY 13, 2013, NATIONAL AND
LOCAL ELECTIONS (February 15, 2013)
 Board of Election Inspectors
(Res. No. 9640)
SEC. 1. Board of Election Inspectors
(BEIs); Constitution and appointment. The
Commission,through its Election Officer, shall
constitute not later than January 15, 2013, the
BEI for each precinct/clustered precinct from
the list of all public school teachers submitted
by the Department of Educations (DepEd)
highest official within the
city/municipality/school district.
 Board of Election Inspectors
(Res. No. 9640,Sec. 1)
The BEI shall be composed of a Chairman and
two (2) members, one of whom shall be
designated as poll clerk, and all of whom shall
be public school teachers, giving preference to
those with permanent appointment and those
who served in the immediately preceding
National and Local Elections.
 Board of Election Inspectors
(Res. No. 9640,Sec. 1)
In all cases, the Election Officer shall ensure
that at least one (1) member of the BEI shall
be an information technology-capable person
trained for the purpose and as certified by
the Department of Science and Technology
(DOST).
 Board of Election Inspectors
(Res. No. 9640,Sec. 1)
In case there are not enough public school
teachers, teachers in private schools,
employees in the civil service, or citizens of
known probity and competence who are
registered voters of the city or municipality
may be appointed as members of the BEI;
provided, that the chairman shall be a public
school teacher.
 SEC. 2. Qualifications of members of
the BEI.
- No person shall be appointed as chairman or
member of the BEI, whether regular,
substitute or temporary, unless he:
a)Is of good moral character and irreproachable
reputation;
b)Is a registered voter of the city or municipality;
 SEC. 2. Qualifications of members of
the BEI.
- No person shall be appointed as chairman or
member of the BEI, whether regular,
substitute or temporary, unless he:
c)Has never been convicted of any election
offense or of any other crime punishable by more
than six (6) months of imprisonment;
 SEC. 2. Qualifications of members of
the BEI.
- No person shall be appointed as chairman or
member of the BEI, whether regular,
substitute or temporary, unless he:
d)Has no pending case against him filed in
COMELEC/court for any election offense; and
e)Is able to speak, read and write English or the
local dialect.
 SEC. 3. Disqualification.
No person shall serve as chairman or
member of the BEI if he or his spouse is
related within the fourth civil degree of
consanguinity or affinity to any member of the
same BEI or to any candidate to be voted for
or to the latters spouse. Violation of this
provision shall constitute an election offense
as provided in Section 261 (bb), sub-par (3) of
the Omnibus Election Code.
 Section 261 (bb), sub-par (3) of the Omnibus
Election Code.
(3)Any person who, being ineligible for
appointment as member of any board of election
inspectors or board of canvassers, accepts an
appointment to said body, assumes office, and
actually serves as a member thereof, or any
public officer or any person acting in his behalf
who appoints such ineligible person knowing him
to be ineligible.
 SEC. 10. Powers and functions of the
BEI. -
The BEI shall have the following powers and functions:
a) Conduct the voting in the polling place and
administer the electronic counting of votes, including
the testing and sealing of the PCOS Machine;
b) Print the election returns and transmit electronically
the election results, through the use of the PCOS
machine, to the:
City/Municipal Board of Canvassers;
Central Server; and
Transparency Server (Dominant majority party, dominant
minority party, accredited citizens arm /KBP server. )
 SEC. 10. Powers and functions of the
BEI. -
c) Act as deputies of the Commission in the
conduct of the elections;
 SEC. 10. Powers and functions of the
BEI. -

d) Maintain order within the polling place and

its premises; keep access thereto open and
unobstructed;
enforce obedience to its lawful orders and
prohibit the use of cellular phones and camera
by the voters.
 SEC. 10. Powers and functions of the
BEI. -
If any person refuses to obey the lawful orders of
the BEI or conducts himself in a disorderly
manner in its presence or within its hearing and
thereby interrupts or disturbs its proceedings, the
BEI may issue an order in writing directing any
peace officer to take said person into custody
until the adjournment of the meeting, but such
order shall not be executed as to prevent said
person from voting. A copy of such written order
shall be attached to the Minutes; and
 SEC. 10. Powers and functions of the
BEI. -
e) Furnish watchers Certificate of Votes upon
request, and
f) Perform such other functions prescribed by
law or by the rules and regulations
promulgated by the Commission.
 SEC. 13. Prohibition against political
activity.
No member of the BEI or its support staff
shall engage in any partisan political activity or
take part in the election except to discharge
his duties as such and to vote.
 Casting of Votes
SEC. 30. Voting hours. - The casting of votes
shall start at seven o'clock in the morning and
shall end at seven o'clock in the evening of
election day.
 Casting of Votes (Section 30)

If at seven o'clock there are still voters within

thirty (30) meters in front of the polling place
who have not yet cast their votes, voting shall
continue but only to allow said voters to cast
their votes without interruption. The poll clerk
shall, without delay, prepare a complete list
containing the names of said voters
consecutively numbered.
 Casting of Votes (Section 30)
The voters listed shall be called to vote by the
poll clerk by announcing each name three (3)
times in the order in which they are listed. Any
voter in the list who is not present when
called shall not be allowed to vote at any later
time. The said list shall be attached to the
Minutes.
 SEC. 47. Manner of voting. -
a. The voter shall:
i. using a ballot secrecy folder and the marking pen provided by the
Commission , fill his ballot by fully shading the oval beside the
names of the candidates and political party participating in the party
list system of representation of his choice;
ii. After accomplishing his ballot, approach the PCOS , insert his ballot
in the ballot entry slot and wait until message CONGRATULATIONS.
YOUR VOTE HAS BEEN REGISTERED. appears on the screen.
b. The Third Member/Support Staff shall:
1. monitor the PCOS screen to make sure that the ballot was
successfully accepted. Thereafter, apply indelible ink to the voters
right forefinger nail or any other nail if ther be no forefinger nail; and
2. Instruct the voter to return the ballot secrecy folder and marking pen
to the Third Member/ support Staff and then leave the poling place.
 SEC. 36. Rules to be observed during
the voting.
During the voting, the BEI shall see to it that:
a) Voters shall vote in the order of their arrival
in the polling place;
b) No watcher shall enter the place reserved
for the voters and the BEI, nor mingle and talk
with the voters;
 SEC. 36. Rules to be observed during
the voting.
c) No person carrying any firearm or any other
deadly weapon, except those expressly
authorized by the Commission, shall enter the
polling place. The jail/prison escorts may bring
firearms inside the polling place to secure the
detainee voter who will vote in the polling
precinct as provided for in Rule 7, Sec. 3 of
Resolution No. 9371, Promulgated on March 6,
2012. said escorts and detainees shall
immediately leave the polling place once the
latter have finished voting.
 SEC. 36. Rules to be observed during
the voting.

d) There shall be no crowding of voters and

disorderly behavior inside the polling place;
and
e) The ballot box shall remain locked during
voting.
 SEC. 37. Persons allowed inside the
polling place.
- Only the following persons shall be allowed
inside the polling place:
a) Members of the BEI and support staff, if
any;
b) Watchers who shall stay only in the space
reserved for them;
c) Representatives of the Commission;
 SEC. 37. Persons allowed inside the
polling place.
d) Technical support staff assigned in the
voting center duly designated by the
Commission who may be summoned by the
BEI in order to address some technical
problems;
e) Voters casting their votes;
f) Voters waiting for their turn to cast their
vote;
 SEC. 37. Persons allowed inside the
polling place.
g) Jail/Prison escorts escorting detainee voters as
provided for in Sec. 3, Rule 7 of COMELEC
Resolution No. 9371 dated March 6, 2012;
h) Support staff of the SBEI-PWD, Monitoring
Groups, Representatives of the Commission on
Human Rights as authorized pursuant to Section
5, Rule III of COMELEC Resolution No. 9485 dated
June 29, 2012; and
i) Other persons who may be specifically
authorized by the Commission.
 SEC. 39. Prohibition on voting.
It shall be unlawful for a voter to:
a) Bring the ballot, ballot secrecy folder or
marking pen outside of the polling place;
b) Speak with anyone other than as herein
provided while inside the polling place;
 SEC. 39. Prohibition on voting.
c) Prepare his ballot without using the ballot
secrecy folder or exhibit its contents;
d) Fill his ballot accompanied by another,
except in the case of an illiterate or person
with disability;
 SEC. 39. Prohibition on voting.
e) Erase any printing from the ballot, or put
any distinguishing mark on the ballot;
f) Use carbon paper, paraffin paper or other
means of making a copy of the contents of the
ballot, or otherwise make use of any other
scheme to identify his vote, including the use
of digital cameras, cellular phones with
camera or similar gadgets while voting;
 SEC. 39. Prohibition on voting.
g) Intentionally tear or deface the ballot; and
h) Disrupt or attempt to disrupt the normal
operation of the PCOS.
Counting of ballots
Process:
Voters filled up the ballots and fed into
the PCOS machine for processing;
If the ballot is not good, it is rejected by
the PCOS and the votes are not counted;
If the ballot is good, it is accepted by
the PCOS and the votes are collated and
tallied;
The collated ballots and tallied votes are
stored the PCOS memory card;
After all ballots are collated and counted,
the Chairman of the Board of Election
Inspectors (BEI) will print the Precinct
Election Returns from the PCOS machines;
After printing the PER, the PCOS will be
connected to a modem, by a representative
ofSMARTMATIC, using the Subscriber
Identity Module(SIM) card of
either SMART or GLOBE, depending the
strongest signal available and electronically
transmit the election data to the Data
Processing Center (DPC) which could either
be SMART or GLOBE; and
The DPC then electronically receives and
transmits the election data, PER, to the
Municipal Servers.
Counting of ballots
Process:
Election data (PER) from
various PCOS machines are electronically
transmitted to the Municipal Servers through
the DPC;
The Municipal Servers receive and collate
the PER from the DPC;
The votes from PER are tallied and collated by
the servers of the Municipal/City canvasser;
The tallied PERs are stored in the memory
card of the Municipal/City Servers as
Statement of Votes (SOV);
The Statement of Votes (SOV) are then
printed;
The City or Municipal Canvasser proclaims the
winning candidates for Congressman, Mayor,
Vice Mayor and Councilors; and
The SOV are electronically transmitted to the
Provincial Servers via the DPC.
Counting of ballots
Process:
Election data, SOV, from various Cities and
Municipalities are electronically transmitted
to the Provincial Servers via DPC;
The Provincial Servers receive and collate
the election data, SOV, from the DPC;
The votes from SOV are tallied and collated
by the servers of the Provincial canvasser;
The tallied SOV are stored and saved in the
memory card of the Provincial Servers as
Certificate of Canvass (COC);
The Provincial Canvasser proclaims the
winning candidates for Governor, Vice
Governor and Board Members; and
The Certificate of Canvass (COC) are printed
and electronically transmitted to the
COMELEC Servers via the DPC.
Counting of ballots
Process:
The Certificate of Canvass (COC)
from various Provinces are
electronically transmitted to
the COMELEC Servers via DPC;
The COMELEC Servers receive and
collate the COC from the provinces;
The COC are tallied and collated by
the servers of
the COMELEC canvasser;
The election data are stored in the
memory card of
the COMELEC Servers;
The COMELEC prints the collated
and tallied COC; and
The COMELEC Canvasser proclaims
the winning candidates for Senators
and Party List.
Counting of ballots
Process:
A joint committee of nine (9) senators and
nine (9) congressmen will be formed and act
as the National Board of Canvasser (NBC);
The Certificate of Canvass (COC) and
memory cards from various Provinces are
manually delivered to the NBC;
The printed COC from the provinces will be
compared with data from the memory cards
of the Provincial servers;
If the COC and the data from the memory
cards are the same, the COC will be tallied
by the NBC canvasser, if not, both will be set
aside for deliberation;
The NBC prints the tallied COC; and
The NBC will proclaim the winning
candidates for the President and Vice
President based on the result of the
tallied COC.
 Failure of elections
Grounds :
Section 6, BP 881:
SECTION 6.Failure of election. If, on account of force
majeure, violence, terrorism, fraud, or other analogous
causes the election in any polling place has not been held
on the date fixed, or had been suspended before the hour
fixed by law for the closing of the voting, or after the voting
and during the preparation and the transmission of the
election returns or in the custody or canvass thereof, such
election results in a failure to elect, and in any of such cases
the failure or suspension of election would affect the result
of the election,
 Failure of Elections, Section 6, BP 881
Cont.
the Commission shall, on the basis of a verified
petition by any interested party and after due
notice and hearing, call for the holding or
continuation of the election not held, suspended
or which resulted in a failure to elect on a date
reasonably close to the date of the election not
held, suspended or which resulted in a failure to
elect but not later than thirty days after the
cessation of the cause of such postponement or
suspension of the election or failure to elect.
(Sec. 7, 1978 EC)
SECTION 5.Postponement of election.
When for any serious cause such as violence,
terrorism, loss or destruction of election
paraphernalia or records, force majeure, and
other analogous causes of such a nature that the
holding of a free, orderly and honest election
should become impossible in any political
subdivision, the Commission, motu proprio or
upon a verified petition by any interested party,
and after due notice and hearing,
SECTION 5.Postponement of election.
whereby all interested parties are afforded
equal opportunity to be heard, shall postpone
the election therein to a date which should be
reasonably close to the date of the election
not held, suspended or which resulted in a
failure to elect but not later than thirty days
after the cessation of the cause for such
postponement or suspension of the election
or failure to elect. (Sec. 6, 1978 EC)
 Section 4, RA 7166
SECTION 4.Postponement, Failure of Election and
Special Elections. The postponement,
declaration of failure of election and the calling of
special elections as provided in Sections 5, 6 and
7 of the Omnibus Election Code shall be decided
by the Commission sitting en banc by a majority
vote of its members. The causes for the
declaration of a failure of election may occur
before or after the casting of votes or on the day
of the election.
 Section 4, RA 7166 (Cont.)
In case a permanent vacancy shall occur in the
Senate or House of Representatives at least one
(1) year before the expiration of the term, the
Commission shall call and hold a special election
to fill the vacancy not earlier than sixty (60) days
nor longer than ninety (90) days after the
occurrence of the vacancy. However, in case of
such vacancy in the Senate, the special election
shall be held simultaneously with the succeeding
regular election.
 Canicosa vs. COMELEC
Canicosa grounded his petition on the following:
(a) the names of the registered voters did not
appear in the list of voters in their precincts;
(b) more than one-half of the legitimate
registered voters were not able to vote with
strangers voting in their stead; (c) he was
credited with less votes than he actually
received; (d) control data of the election
returns was not filled up in some precincts
 Canicosa vs. COMELEC
(e) ballot boxes brought to the Office of the
Municipal Treasurer were unsecured, i.e.,
without padlocks nor self-locking metal seals;
and, (f) there was delay in the delivery of
election returns
 Canicosa vs. COMELEC
But the COMELEC en banc dismissed the
petition on the ground that the allegations
therein did not justify a declaration of failure
of election.
 Ruling of the Court in
Canicosa vs. COMELEC
Indeed, the grounds cited by Canicosa do not
warrant a declaration of failure of
election. Section 6 of BP Blg. 881, otherwise
known as the Omnibus Election Code
 Ruling of the Court in Canicosa vs.
COMELEC
Clearly, there are only three (3) instances where
a failure of election may be declared, namely:
(a) the election in any polling place has not
been held on the date fixed on account of
force majeure, violence, terrorism, fraud, or
other analogous causes;
 Ruling of the Court in Canicosa vs.
COMELEC
(b) the election in any polling place had been
suspended before the hour fixed by law for the
closing of the voting on account of force
majeure, violence, terrorism, fraud, or other
analogous causes; or
 Ruling of the Court in Canicosa vs.
COMELEC

(c) after the voting and during the preparation

and transmission of the election returns or in the
custody, or canvass thereof such election results
in a failure to elect on account of force majeure,
violence, terrorism, fraud, or other analogous
causes.

None of the grounds invoked by Canicosa falls

under any of those enumerated
 Batabor vs. COMELEC
Explaining the above provisions (Section 6, BP
881), we held in Benito vs. Commission on
Elections that these two (2) conditions must exist
before a failure of election may be declared:
(1) no voting has been held in any precinct or
precincts due to fraud, force majeure, violence or
terrorism; and
(2) the votes not cast therein are sufficient to affect
the results of the election. The cause of such
failure may arise before or after the casting of
votes or on the day of the election.
 Carlos vs. Angeles
"In a petition to annul an election under Section 6,
Batas Pambansa Blg. 881, two conditions must be
averred in order to support a sufficient cause of
action. These are:
(1) the illegality must affect more than 50% of the
votes cast and
(2) the good votes can be distinguished from the
bad ones. It is only when these two conditions
are established that the annulment of the
election can be justified because the remaining
votes do not constitute a valid constituency." 39
 Carlos vs. Angeles
We have held that: "To declare a failure of
election, two (2) conditions must occur:
first, no voting has taken place in the precincts
concerned on the date fixed by law or, even if
there were voting, the election nevertheless
resulted in a failure to elect; and,
second, the votes not cast would affect the result of
the election."
Neither of these conditions was present in the case
at bar.
 Carlos vs. Angeles
"Under the pertinent codal provision of the Omnibus Election Code,
there are only three (3) instances where a failure of elections may
be declared, namely:
(a) the election in any polling place has not been held on the date
fixed on account of force majeure, violence, terrorism, fraud, or
other analogous causes;
(b) (b) the election in any polling place had been suspended before
the hour fixed by law for the closing of the voting on account of
force majeure, violence, terrorism, fraud, or other analogous
causes; or
(c) (c) after the voting and during the preparation and transmission of
the election returns or in the custody or canvass thereof, such
election results in a failure to elect on account of force majeure,
violence, terrorism, fraud, or other analogous causes."
Pre-Proclamation Controversies
 Pre-Proclamation Controversies
Rule 3 ,Section 1. COMELEC Res. No. 8804
Pre-Proclamation Controversy. - A pre-proclamation
controversy refers to the proceedings of the board of
canvassers which may be raised by any candidates or
by any registered political party or coalition of political
parties, or by any accredited and participating party list
group, before the board or directly with the
Commission. It covers only two issues:
a. Illegal composition of the Board of Canvassers (BOC);
b. Illegal proceedings of the BOC.
The basis of the canvass shall be electronically
transmitted results.
 Pre-Proclamation Controversies
Rule 4, Section 1. Illegal Composition of the
Board of Canvassers. - There is illegal
composition of the BOC when, among other
similar circumstances, any of the members do
not possess legal qualifications and
appointments. The information technology
capable person required to assist the BOC by
Republic Act No. 9369 shall be included as
among those whose lack of qualifications may
be questioned.
 Pre-Proclamation Controversies
Section 2. Illegal Proceedings of the Board of
Canvassers. - There is illegal proceedings of
the BOC when the canvassing is a sham or
mere ceremony, the results of which are pre-
determined and manipulated as when any of
the following circumstances are present:
a) precipitate canvassing;
b) terrorism;
c) lack of sufficient notice to the members of the BOC's;
d) Improper venue
 Pre-Proclamation Controversies
Section 2. Jurisdiction of the Commission in Pre-Proclamation
Controversies. - COMELEC has exclusive jurisdiction in pre-proclamation
controversies arising from national, regional pr local elections.
A pre-proclamation controversy may be raised by any candidate or by any
registered political party, organization, or coalition of political parties
before the BOC, or directly with the Commission.
Issues affecting the composition or proceedings of the Boards may be
initiated by filing a verified petition before the Board or directly with the
Commission.
If the petition is filed directly with the Board, its decision may be appealed
to the Commission within three (3) days from issuance thereof. However,
if commenced directly with the Commission, the verified petition shall be
filed immediately when the board begins to act illegally, or at the time of
the appointment of the member of the board whose capacity to sit as
such is objected to.
 Pre-Proclamation Controversies
Section 3. Rights of Political Parties and Candidates Before the
Board of Canvassers in Pre-Proclamation Cases.-
a) All registered political parties, organizations, or coalitions of
political parties, and accredited citizens' arms, and candidates, have
the right to be present and to be represented by counsel during the
canvass of election returns, or certificates of canvass.
b) Only one counsel may argue for each registered political party,
organization, or coalition of political parties, accredited citizens'
arm or candidate.
c) No dilatory action shall be allowed by the BOC. It may impose
time limits for oral arguments.
d) All registered political parties, organizations, or coalitions of
political parties, and candidates, are entitled to obtain a copy of the
Statement of Votes per precinct and a copy of the certificate of
canvass duly authenticated by the BOC.