Bunao-Onghanseng

& Onghanseng
LAW OFFICES

18 March 2015

Senator Camille Francesca Calupitan

Rm. 313 & 318 GSIS Bldg.,
Financial Center, Roxas Blvd.,
Pasay City

Dear Senator Calupitan:

This legal opinion seeks to answer your question as to which electoral system is more
suitable for our country’s present situation. The Philippine electoral system has shifted from
manual elections to the automated elections in 2010 yet there are still some questions as to which
particular electoral system is best. You will find a brief history of the country’s electoral system
below, including a comparison of the two electoral systems in question, the problems and
benefits associated with each, my recommendation as to which system will benefit the country
more, and a proposal as to how we can further improve the system.

If you have any more questions concerning this issue, feel free to reach me at my office
between the hours of eight in the morning to five in the afternoon.

Yours faithfully,

(Sgd) Coleen Bunao-Onghanseng

1
A Comparison of the Manual Electoral System

and the

Automated Electoral System in the Philippines

18 March 2015


2
Introduction

“The Philippines is a democratic and republican state. Sovereignty resides in the people

and all government authority emanates from them.”1

The People of the Philippines represent the sovereign power of the State. This power is

exercised by the electorate whom the people have chosen. The citizens make choices by voting

for the people whom they want to represent them in an election.

An election is the exercise of a choice, the process of selecting a person to occupy a

position or office, usu. a public office.2 It gives the People the chance to choose their

representatives who will be discharging sovereign functions on their behalf. Ideally, elections

serve as a ‘major source of political recruitment, a means of making government, and of

transferring government power, a guarantee of representation, and a major determinant of

government policy.’ It is a mechanism through which politicians are held accountable for their

actions, and are compelled to introduce policies that are reflective of and responsive to public

opinion 3

The idea of elections were imported from the West. In 1901, during the American period,

the Philippine Commission, under the supervision of the United States governor, performed both

legislative and executive acts, with a little participation from the Philippines. Soon, the

Americans introduced the elections “to allow greater participation of the Filipino elite in colonial

1 Phil. Const. art II, §1.

2 Black’s Law Dictionary 536 (7th ed. 1999).
3 “Electoral Politics in the Philippines,” in Croissant, A., Bruns, G., & John, M (Eds.), Electoral Politics
in Southeast & East Asia Singapore: Freidrich Ebert Stiftung, 2002, 149.

3
governance.” 4 The Americans laid down the foundation for municipal, provincial, and national

elections.

At first, the Americans conducted municipal elections in areas that were pacified by

military rule. The first election held in the country was in Baliwag, Bulacan, under American

supervision, followed by elections in four other municipalities as per compliance with General

Order No. 40, Series of 1900.

An act was passed under the Commission which served as the organic law for all

municipal governments requiring each voter to be:

1. Male, aged 23 and above;

2. A resident of the municipality where they were to vote for

a period of six months immediately preceding the elections;
and

3. Any of the following three classes: individuals who speak,

read and write English/Spanish, own real property worth at
least P500, or have held local government positions prior to
the occupation of the country in 1898.5

In general, it states that only the educated elite may participate. This created conflict among

those who were not qualified but this did not prevent the Commission from continuing to work

on a legal framework that would produce a more systematic organization of local governments.

4 “Electoral Politics in the Philippines,” in Croissant, A., Bruns, G., & John, M (Eds.), Electoral Politics
in Southeast & East Asia Singapore: Freidrich Ebert Stiftung, 2002, 150.
5 “Electoral Politics in the Philippines,” in Croissant, A., Bruns, G., & John, M (Eds.), Electoral Politics
in Southeast & East Asia Singapore: Freidrich Ebert Stiftung, 2002, 150-151.

4
From the municipal elections of 1901, to the legislative elections in 1907, until the 1935

presidential elections, the Americans built electoral process from the municipality upwards.

History of Philippine Elections

In 1935, by virtue of the Tydings-McDuffie or Philippine Independence Act of 1934, the

Commonwealth of the Philippines was established. This created the position of president and

vice president and a unicameral legislature called the National Assembly.6 This was the first

national elections held in the Philippines. By 1937, women’s right to suffrage was approved in a

special plebiscite, wherein women who possessed the qualifications required for male voters,

were allowed to vote for the first time. All election laws were also consolidated in an Election

Code (Commonwealth Act No. 357) in 1939, empowering the secretary of the interior to

supervise all kinds of elections. By 1940, several amendments in the Constitution were enacted

including an amendment establishing the bicameral legislature, leaving behind the unicameral

legislature the Commonwealth of the Philippines created in 1934. Among these amendments

also included the establishment of the COMELEC or the Commission on Elections, the national

electorate authority, whose primary duty was “to insulate the electoral process from partisan

politics.”7

In 1947, a constitutional amendment extended the term of the House of Representatives

to four years, and the term of the Senate to six years. One third or eight members of the Senate

are renewed every two years by plurality in a national eight-member constituency. Each voter is

6Fernando, Katrina et al. ”1935 Plebiscite”. Philippine Electoral Almanac. Web. 15 March 2015. http://
pcdspo.gov.ph/pub/uploads/Electoral-Almanac.pdf
7 “Electoral Politics in the Philippines,” in Croissant, A., Bruns, G., & John, M (Eds.), Electoral Politics
in Southeast & East Asia Singapore: Freidrich Ebert Stiftung, 2002, 154.

5
given eight votes (Hartmann, Hassall and Santos, 2001).8 From 1946 up until 1971, two major

political parties dominated Philippines politics. Each party took turns taking the presidency and

controlling both houses. However, the declaration of Martial Law in 1972 stopped all political

activities. Elections were cancelled for six years, and upon its revival, the Marcos regime began

changing the system from a two-party political system to a one-part dominance. It introduced

the barangay elections to replace the barrio as the basic unit of local governance prior to former

president Marcos’ assumption to power. Elections in the autonomous regions were also done to

pacify the separatist movement of the Moro National Liberation Front. Despite these electoral

exercises, Marcos’ authoritarian power allowed for the manipulation of the rules of the

electorate. Protests started pouring left and right, following the assassination of former senator

Benigno Aquino, Jr. In an attempt to show political legitimacy, former president Marcos called

for a snap election in 1985, with former Senator Aquino’s widow as his opponent. The rest as we

know, is history.

Current Political System

Under our Constitution, the president and vice president now have a term of six years, the

president ineligible for any re-election. The Philippine Congress consists of the Senate and the

House of Representatives, with half of the 24 senators nationally elected. Members of Congress

are likewise elected but every three years from single-member districts. These electoral

exercises have been administered by the COMELEC since 1935.

8 “Electoral Politics in the Philippines,” in Croissant, A., Bruns, G., & John, M (Eds.), Electoral Politics
in Southeast & East Asia Singapore: Freidrich Ebert Stiftung, 2002, 155.

6
Electoral Systems in the Philippines

The Republic of the Philippines began with the manual election process. Despite the

several Constitutional amendments, changes in the government administration, and various

occupations by foreign nationals in the country, this has long been the traditional way of voting.

However, this method has proven to be quite ineffective and inefficient because it provides for

opportunities of possible electoral fraud activities such as ballot switching, vote buying, vote

shaving, etc., and slow election results. In comparison to other countries, it takes several days for

the results to come out. This is the reason why the automated electoral system has been

proposed. It is seen as a more efficient way of conducting the elections with less room for

possible electoral fraud. Since its proposal in 1992, the Philippines has been able to administer

its first automated election system in 2010, through the use of PCOS (Precinct Count Optical

Scan) machines.

Manual Election Process

In the Philippines, voting is held in various schools designated as polling precincts. Votes

are cast by writing the names of your preferred candidates on sheets of paper we call ballots.

The ballot is then dropped in a steel box which is called the ballot box. Indelible ink is then

dropped on the voter’s finger as a sign that he has already voted. Before anyone can vote, he

must first be a registered voter in the city or municipality in which he resides. Republic Act

8189, Providing For A General Registration Of Voters, Adopting A System Of Continuing

Registration, Prescribing The Procedures Thereof And Authorizing The Appropriation Of Funds

7
Therefor, which amended portions of Article XII of the Omnibus Election Code provides the

necessary registration steps before one can vote in any election.

Sec. 4. Permanent List of Voters - There shall be a permanent

list of voters per precinct in each city or municipality
consisting of all registered voters residing within the
territorial jurisdiction of every precinct indicated by the
precinct maps.

Such precinct-level list of voters shall be accompanied by an

addition/deletion list for the purpose of updating the list.

For the purpose of the 1997 general registration, the

Commission shall cause the preparation and posting of all
precinct maps in every barangay nationwide. Five days
before the 1997 general registration, individual precinct maps
shall be posted at the door of each polling place.
Subsequently, the Election Officer shall be responsible for the
display, throughout the year, of precinct maps in his office
and in the bulletin board of the city or municipal hall.

The precinct assignment of a voter in the permanent list of

voters shall not be changed or altered or transferred to
another precinct without the express written consent of the
voter: Provided, however, That the voter shall not
unreasonably withhold such consent. Any violation thereof
shall constitute an election offense which shall be punished in
accordance with law.9

Sec. 9. Who may Register. - All citizens of the Philippines not

otherwise disqualified by law who are at least eighteen (18)

9 An Act Providing For A General Registration Of Voters, Adopting A System Of Continuing Registration,
Prescribing The Procedures Thereof And Authorizing The Appropriation Of Funds Therefor, R.A. 8189
§4 (1996).

8
years of age, and who shall have resided in the Philippines for
at least one (1) year, and in the place wherein they propose to
vote, for at least six (6) months immediately preceding the
election, may register as a voter.

Any person who temporarily resides in another city,

municipality or country solely by reason of his occupation,
profession, employment in private or public service,
educational activities, work in the military or naval
reservations within the Philippines, service in the Armed
Forces of the Philippines, the National Police Forces, or
confinement or detention in government institutions in
accordance with law, shall not be deemed to have lost his
original residence.

Any person, who, on the day of registration may not have

reached the required age or period of residence but, who, on
the day of the election shall possess such qualifications, may
register as a voter.

Sec. 10. Registration of Voters. - A qualified voter shall be

registered in the permanent list of voters in a precinct of the
city or municipality wherein he resides to be able to vote in
any election. To register as a voter, he shall personally
accomplish an application form for registration as prescribed
by the Commission in three (3) copies before the Election
Officer on any date during office hours after having acquired
the qualifications of a voter.

The application shall contain the following data:

Name, surname, middle name, and/or maternal surname;

Sex;
Date, and place of birth;
Citizenship;
Civil status, if married, name of spouse;

9
Profession, occupation or work
Periods of residence in the Philippines and in the place of
registration;

Exact address with the name of the street and house number
for location in the precinct maps maintained by the local
office of the Commission, or in case there is none, a brief
description of his residence, sitio, and barangay;

A statement that the applicant possesses all the qualifications

of a voter;

A statement that the applicant is not a registered voter of any

precinct; and

Such information or data as may be required by the

Commission.

The application for registration shall contain three (3)

specimen signatures of the applicant, clear and legible rolled
prints of his left and right thumbprints, with four (4)
identification size copies of his latest photograph, attached
thereto, to be taken at the expense of the Commission.

Before the applicant accomplishes his application for

registration, the Election Officer shall inform him of the
qualifications and disqualifications prescribed by law for a
voter, and thereafter, see to it that the accomplished
application contains all the data therein required and that the
applicant's specimen signatures, fingerprints, and
photographs are properly affixed in all copies of the voter's
application.

Sec. 11. Disqualification. - The following shall be

disqualified from registering:

10
Any person who has been sentenced by final judgment to
suffer imprisonment of not less than one (1) year, such
disability not having been removed by plenary pardon or
amnesty: Provided, however, That any person disqualified to
vote under this paragraph shall automatically reacquire the
right to vote upon expiration of five (5) years after service of
sentence;

Any person who has been adjudged by final judgment by a

competent court or tribunal of having committed any crime
involving disloyalty to the duly constituted government such
as rebellion, sedition, violation of the firearms laws or any
crime against national security, unless restored to his full civil
and political rights in accordance with law: Provided, That he
shall automatically reacquire the right to vote upon expiration
of five (5) years after service of sentence; and

Insane or incompetent persons declared as such by competent

authority unless subsequently declared by proper authority
that such person is no longer insane or incompetent.

Sec. 12. Change of Residence to Another City or

Municipality. - Any registered voter who has transferred
residence to another city or municipality may apply with the
Election Officer of his new residence for the transfer of his
registration records.

The application for transfer of registration shall be subject to

the requirements of notice and hearing and the approval of
the Election Registration Board, in accordance with this Act.
Upon approval of the application for transfer, and after notice
of such approval to the Election Officer of the former
residence of the voter, said Election Officer shall transmit by
registered mail the voter's registration record to the Election
Officer of the voter's new residence.

11
Sec. 13. Change of Address in the Same City or Municipality.
- Any voter who has changed his address in the same city or
municipality shall immediately notify the Election Officer in
writing. If the change of address involves a change in
precinct, the Board shall transfer his registration record to the
precinct book of voters of his new precinct and notify the
voter of his new precinct All changes of address shall be
reported to the office of the provincial election supervisor and
the Commission in Manila.

Sec. 14. Illiterate or Disabled Applicants. - Any illiterate

person may register with the assistance of the Election
Officer or any member of an accredited citizen's arms. The
Election Officer shall place such illiterate person under oath,
ask him the questions, and record the answers given in order
to accomplish the application form in the presence of the
majority of the members of the Board. The Election Officer
or any member of an accredited citizen's arm shall read the
accomplished form aloud to the person assisted and ask him
if the information given is true and correct The accomplished
form shall be subscribed by the applicant in the presence of
the Board by means of thumbmark or some other customary
mark and it shall be subscribed and attested by the majority
of the members of the Board.

The attestation shall state the name of the person assisted, the
name of the Election Officer or the member of the accredited
citizen's arm who assisted the applicant, the fact that the
Election Officer placed the applicant under oath, that the
Election Officer or the member of the accredited citizen's arm
who assisted the applicant read the accomplished form to the
person assisted, and that the person assisted affirmed its truth
and accuracy, by placing his thumbmark or some other
customary mark on the application in the presence of the
Board.

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 The application for registration of a physically disabled
person may be prepared by any relative within the fourth civil
degree of consanguinity or affinity or by the Election Officer
or any member of an accredited citizen's arm using the data
supplied by the applicant. The fact of illiteracy or disability
shall be so indicated in the application.10

Sec. 26. Voter's Identification Number (VIN). - The

Commission shall assign every registered voter a voter's
identification number (V1N) consisting of three parts, each
separated by a dash. For example: 7501-00191-C145BCD.

Part 1: Current Address of the Voter

The first two digits 75 stand for the province; and
The last two digits, 01, stand for the city, municipality, or a
district, particularly in Manila.

The code assignment for provinces, cities and municipalities

shall follow the Urban Code devised by the National Census
and Statistics Office (NCSO).

Part II: Current Precinct Assignment of the Voter

The first four digits, 0019, stand for the permanent number of
the precinct where the voter is currently assigned: and

The letter indicates whether it is a mother or a daughter

precinct.
The number assigned to the precinct in every city or
municipality shall be permanent but the voter may transfer
his precinct number. The VIN reflects the current precinct
assignment of the voter.

Part III: Permanent Birth and Name Code Unique to the Voter

10 An Act Providing For A General Registration Of Voters, Adopting A System Of Continuing

Registration, Prescribing The Procedures Thereof And Authorizing The Appropriation Of Funds Therefor,
R.A. 8189 §9-14 (1996).

13
 The letter, C, stands for the month, i.e., A for January, B for
February, and so forth;

The next two digits, 14, stand for the date of birth;

The next two digits, 51, stand for the year of birth; and

The last three letters, BCD, stand for the name code, i.e.,
Bayani Cruz Davide.

The last three letters shall stand for the first letter of the first
name, the middle name, and the last name in that order.

The Commission shall ensure that Part III hereof of the

voter's identification number (VIN) shall be permanent and
unique to each voter. If necessary, the Commission may
expand and modify the same.

The combined birth and name code is assigned during the

lifetime of every voter. Upon transfer of the voter to another
precinct, the first two parts of the VIN shall change.11

In summary, every polling precinct must have a permanent list of voters consisting of all

registered voters within their municipality. Each voter who possesses the qualifications must

register in their respective municipalities indicating their name, age, sex, residence, among

others. An identification card will then be issued in their name after a successful registration.

Once a voter has been duly registered, he will be allowed to participate in the upcoming

election. During the election day, the Board of Election Inspectors and the Chairman shall

11 An Act Providing For A General Registration Of Voters, Adopting A System Of Continuing

Registration, Prescribing The Procedures Thereof And Authorizing The Appropriation Of Funds Therefor,
R.A. 8189 §26 (1996).

14
inspect and empty all ballot boxes and exhibit them as empty to all those present. Only the

voters casting their vote, the voters waiting for their turn, the Board of Election Inspectors,

watchers, and representatives of the Commission on Elections shall be allowed inside the polling

precincts. Voters shall vote in the order of their entrance in the polling precinct, and once their

identity is verified, the Chairman will give one and only one folded ballot to each voter. Each

voter shall proceed to an unoccupied voting booth and in no way shall he be allowed to enter

another voting booth occupied by another voter. He will then write the name of the candidate he

desires to vote for in the proper space. Upon completion of the ballot, he shall return it to the

Chairman for inspection, and if everything is order, it shall be dropped in the ballot box.

Sample Ballot

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Sec. 191. Preliminaries to the voting. -
The board of election inspectors shall meet at the polling
place at six-thirty o'clock in the morning of election day and
shall have the book of voters containing all the approved
applications of registration of voters pertaining to the polling
place, the certified list of voters, the certified list of
candidates, the ballot box, the official ballots, sufficient
indelible pencils or ball pens for the use of the voters, the
forms to be used, and all other materials which may be
necessary.

Immediately thereafter, the chairman of the board of election

inspectors shall open the ballot box, empty both of its
compartments, exhibit them to all those present and being
empty, lock its interior covers with three padlocks.

The chairman shall forthwith show to the public and the

watchers present the package of official ballots received from
the city, or municipal treasurer duly wrapped and sealed and
the number of pads, the serial numbers and the type forms of
the ballots in each pad appearing on the cover, and the book
of voters duly sealed. The board of election inspectors shall
then break the seals of the package of official ballots and the
book of voters. The board of election inspectors shall enter in
the minutes the fact that the package of ballots, and the book
of voters were shown to the public with their wrapping and
corresponding seals intact and/or if they find that the
wrapping and seals are broken, such fact must be stated in the
minutes as well as the number of pads and the serial numbers
of ballots that they find in the package.

Ballots with separately printed serial numbers shall be

deemed spurious and shall not be utilized by the board of
election inspectors unless the Commission representative
shall order their use in writing, stating the reasons therefor.

16
The chairman and the two party members of the board of
election inspectors shall retain in their possession their
respective keys to the padlocks during the voting.

The box shall remain locked until the voting is finished and
the counting begins. However, if it should become necessary
to make room for more ballots, the board of election
inspectors may open the box in the presence of the whole
board of election inspectors and the watchers, and the
chairman shall press down with his hands the ballots
contained therein without removing any of them, after which
the board of election inspectors shall close the box and lock it
with three padlocks as hereinbefore provided.

Sec. 192. Persons allowed in and around the polling place. -

During the voting, no person shall be allowed inside the
polling place, except the members of the board of election
inspectors, the watchers, the representatives of the
Commission, the voters casting their votes, the voters waiting
for their turn to get inside the booths whose number shall not
exceed twice the number of booths and the voters waiting for
their turn to cast their votes whose number shall not exceed
twenty at any one time. The watchers shall stay only in the
space reserved for them, it being illegal for them to enter
places reserved for the voters or for the board of election
inspectors or to mingle and talk with the voters within the
polling place.

It shall be unlawful for any officer or member of the Armed

Forces of the Philippines including the Philippine
Constabulary or the Integrated National Police or peace
officer or any armed person belonging to any extra-legal
police agency, special forces, reaction forces, strike forces,
home defense units, barangay tanod, or other similar forces or
para-military forces, including special forces, security guards,
special policeman, and all other kinds of armed or unarmed

17
extra-legal police officers, to enter any polling place, unless it
is his polling place where he will vote but in such case he
should immediately leave the polling place, no policeman or
peace officer shall be allowed to enter or stay inside the
polling place except when there is an actual disturbance of
the peace and order therein. However, the board of election
inspectors upon majority vote, if it deems necessary, may
make a call in writing, duly entered in the minutes, for the
detail of a policeman or any peace officer for their protection
or for the protection of the election documents and
paraphernalia, in which case, the said policeman or peace
officer shall stay outside the polling place within a radius of
thirty meters near enough to be easily called by the board of
election inspectors at any time, but never at the door, and in
no case shall the said policeman or peace officer hold any
conversation with any voter or disturb or prevent or in any
manner obstruct the free access of the voters to the polling
place. It shall likewise be unlawful for any barangay official
to enter and stay inside any polling place except to vote or
except when serving as a watcher or member of the board of
election inspectors, in which case, he shall leave the polling
place immediately after voting.

Sec. 193. Order of voting. - The voters shall vote in the order
of their entrance into the polling place. The voters shall have
the right to freely enter the polling place as soon as they
arrive unless there are voters waiting inside, in which case
they shall fall in line in the order of their arrival and shall not
crowd around the table of the board of election inspectors.
The voters after having cast their votes shall immediately
depart.

Sec. 194. Manner of obtaining ballots. - The voter shall

approach the chairman and shall give his name and address
together with other data concerning his person. In case any
member of the board of election inspectors doubts the

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identity of the voter, the board of election inspectors shall
check his voter's identification card or, if he does not have
any, the board of election inspectors shall refer to his
photograph and signature in the voter's application for
registration. If the board of election inspectors is satisfied
with his identity, the chairman shall distinctly announce the
voter's name in a tone loud enough to be plainly heard
throughout the polling place. If such voter has not been
challenged, or if having been challenged, the question has
been decided in his favor, the voter shall forthwith affix his
signature in the proper space in the voting record, and the
chairman shall, after first entering the number of the ballot in
the corresponding space of the voting record, deliver to the
voter one ballot correctly folded. No person other than the
chairman shall deliver official ballots nor shall more than one
ballot be delivered at one time.

Sec. 195. Manner of preparing the ballot. - The voter, upon

receiving his folded ballot, shall forthwith proceed to one of
the empty voting booths and shall there fill his ballot by
writing in the proper space for each office the name of the
individual candidate for whom he desires to vote.

No voter shall be allowed to enter a booth occupied by

another, nor enter the same accompanied by somebody,
except as provided for in the succeeding section hereof, nor
stay therein for a longer time than necessary, nor speak with
anyone other than as herein provided while inside the polling
place. It shall be unlawful to prepare the ballot outside the
voting booth, or to exhibit its contents to any person, or to
erase any printing from the ballot, or to intentionally tear or
deface the same or put thereon any distinguishing mark. It
shall likewise be unlawful to use carbon paper, paraffin paper,
or other means for making a copy of the contents of the ballot
or make use of any other means to identify the vote of the
voter.

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Sec. 196. Preparation of ballots for illiterate and disabled
persons. - A voter who is illiterate or physically unable to
prepare the ballot by himself may be assisted in the
preparation of his ballot by a relative, by affinity or
consanguinity within the fourth civil degree or if he has none,
by any person of his confidence who belong to the same
household or any member of the board of election inspectors,
except the two party members: Provided, That no voter shall
be allowed to vote as illiterate or physically disabled unless it
is so indicated in his registration record: Provided, further,
That in no case shall an assistor assist more than three times
except the non-party members of the board of election
inspectors. The person thus chosen shall prepare the ballot for
the illiterate or disabled voter inside the voting booth. The
person assisting shall bind himself in a formal document
under oath to fill out the ballot strictly in accordance with the
instructions of the voter and not to reveal the contents of the
ballot prepared by him. Violation of this provision shall
constitute an election offense.

Sec. 197. Spoiled ballots. - If a voter should accidentally

spoil or deface a ballot in such a way that it cannot lawfully
be used, he shall surrender if folded to the chairman who
shall note in the corresponding space in the voting record that
said ballot is spoiled. The voter shall then be entitled to
another ballot which the chairman shall give him after
announcing the serial number of the second ballot and
recording said serial number in the corresponding spaces in
the voting record. If the second ballot is again spoiled or
defaced in such a way that it cannot lawfully be used, the
same shall be surrendered to the chairman and recorded in the
same manner as the first spoiled or defaced ballot. However,
no voter shall change his ballot more than twice.

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The spoiled ballot shall, without being unfolded and without
removing the detachable coupon, be distinctly marked with
the word "spoiled" and signed by the board of election
inspectors on the endorsement fold thereof and immediately
placed in the compartment for spoiled ballots.

Sec. 198. Voting. -

After the voter has filled his ballot he shall fold it in the same
manner as when he received it and return it to the chairman.

In the presence of all the members of the board of election

inspectors, he shall affix his thumbmark on the corresponding
space in the coupon, and deliver the folded ballot to the
chairman.

The chairman, in the presence and view of the voter and all
the members of the board of election inspectors, without
unfolding the ballot or seeing its contents, shall verify its
number from the voting record where it was previously
entered.

The voter shall fortwith affix his thumbmark by the side of

his signature in the space intended for that purpose in the
voting record and the chairman shall apply silver nitrate and
commassie blue on the right forefinger nail or on any other
available finger nail, if there be no forefinger nail.

The chairman shall sign in the proper space beside the

thumbmark of the voter.

The chairman, after finding everything to be in order, shall

then detach the coupon in the presence of the board of
election inspectors and of the voter and shall deposit the
folded ballot in the compartment for valid ballots, and the
detached coupon in the compartment for spoiled ballots.

21
 The voter shall then depart.

Any ballot returned to the chairman whose detachable coupon

has been removed not in the presence of the board of election
inspectors and of the voter, or any ballot whose number does
not coincide with the number of the ballot delivered to the
voter, as entered in the voting record, shall be considered as
spoiled and shall be so marked and signed by the members of
the board of election inspectors.12

After the election, the ballots shall be counted in public and without interruption until it

has been fully completed. The board of election inspectors shall unfold the ballots and pile it

in hundreds, which shall be held together by rubber bands. The chairman shall get each pile and

announce the name of the candidate in the order in which they appear. The poll clerk, and the

third member, shall record on the election returns and the tally board or sheet each vote as the

names voted for each office are read. Upon completion of the election returns, the chairman and

board of election inspectors shall publicly announce the winning candidates in their respective

polling precincts. The authorised representative of the Commission shall then deliver the ballot

boxes, keys, and all supplies and documents without delay to the city or municipal treasurer.

Sec. 206. Counting to be public and without interruption. - As

soon as the voting is finished, the board of election inspectors
shall publicly count in the polling place the votes cast and
ascertain the results. The board of election inspectors shall
not adjourn or postpone or delay the count until it has been

12 ELECT. CODE, art. XVII, §191-198.

22
 fully completed, unless otherwise ordered by the
Commission.

The Commission, in the interest of free, orderly, and honest

elections, may order the board of election inspectors to count
the votes and to accomplish the election returns and other
forms prescribed under this Code in any other place within a
public building in the same municipality or city: Provided,
That the said public building shall not be located within the
perimeter of or inside a military or police camp or reservation
nor inside a prison compound.13

Sec. 210. Manner of counting votes. - The counting of votes

shall be made in the following manner: the board of election
inspectors shall unfold the ballots and form separate piles of
one hundred ballots each, which shall be held together with
rubber bands, with cardboard of the size of the ballots to
serve as folders. The chairman of the board of election
inspectors shall take the ballots of the first pile one by one
and read the names of candidates voted for and the offices for
which they were voted in the order in which they appear
thereon, assuming such a position as to enable all of the
watchers to read such names. The chairman shall sign and
affix his right hand thumbmark at the back of the ballot
immediately after it is counted. The poll clerk, and the third
member, respectively, shall record on the election returns and
the tally board or sheet each vote as the names voted for each
office are read.

Each vote shall be recorded by a vertical line, except every

fifth vote which shall be recorded by a diagonal line crossing
the previous four vertical lines. One party member shall see
to it that the chairman reads the vote as written on the ballot,
and the other shall check the recording of the votes on the

13 ELECT. CODE, art. XVIII, §206.

23
tally board or sheet and the election returns seeing to it that
the same are correctly accomplished. After finishing the first
pile of ballots, the board of election inspectors shall
determine the total number of votes recorded for each
candidate, the sum being noted on the tally board or sheet and
on the election returns. In case of discrepancy such recount as
may be necessary shall be made. The ballots shall then be
grouped together again as before the reading. Thereafter, the
same procedure shall be followed with the second pile of
ballots and so on successively. After all the ballots have been
read, the board of election inspectors shall sum up the totals
recorded for each candidate, and the aggregate sum shall be
recorded both on the tally board or sheet and on the election
returns. It shall then place the counted ballots in an envelope
provided for the purpose, which shall be closed signed and
deposited in the compartment for valid ballots. The tally
board or sheet as accomplished and certified by the board of
election inspectors shall not be changed or destroyed but shall
be kept in the compartment for valid ballots.

Sec. 211. Rules for the appreciation of ballots. - In the

reading and appreciation of ballots, every ballot shall be
presumed to be valid unless there is clear and good reason to
justify its rejection. The board of election inspectors shall
observe the following rules, bearing in mind that the object of
the election is to obtain the expression of the voter's will:

Where only the first name of a candidate or only his surname

is written, the vote for such candidate is valid, if there is no
other candidate with the same first name or surname for the
same office.

Where only the first name of a candidate is written on the

ballot, which when read, has a sound similar to the surname
of another candidate, the vote shall be counted in favor of the
candidate with such surname. If there are two or more

24
candidates with the same full name, first name or surname
and one of them is the incumbent, and on the ballot is written
only such full name, first name or surname, the vote shall be
counted in favor of the incumbent.

In case the candidate is a woman who uses her maiden or

married surname or both and there is another candidate with
the same surname, a ballot bearing only such surname shall
be counted in favor of the candidate who is an incumbent.

When two or more words are written on the same line on the
ballot, all of which are the surnames of two or more
candidates, the same shall not be counted for any of them,
unless one is a surname of an incumbent who has served for
at least one year in which case it shall be counted in favor of
the latter.

When two or more words are written on different lines on the

ballot all of which are the surnames of two or more
candidates bearing the same surname for an office for which
the law authorizes the election of more than one and there are
the same number of such surnames written as there are
candidates with that surname, the vote shall be counted in
favor of all the candidates bearing the surname.

When on the ballot is written a single word which is the first

name of a candidate and which is at the same time the
surname of his opponent, the vote shall be counted in favor of
the latter.

When two words are written on the ballot, one of which is the
first name of the candidate and the other is the surname of his
opponent, the vote shall not be counted for either.

25
A name or surname incorrectly written which, when read, has
a sound similar to the name or surname of a candidate when
correctly written shall be counted in his favor;

When a name of a candidate appears in a space of the ballot

for an office for which he is a candidate and in another space
for which he is not a candidate, it shall be counted in his
favor for the office for which he is a candidate and the vote
for the office for which he is not a candidate shall be
considered as stray, except when it is used as a means to
identify the voter, in which case, the whole ballot shall be
void.

If the word or words written on the appropriate blank on the

ballot is the identical name or surname or full name, as the
case may be, of two or more candidates for the same office
none of whom is an incumbent, the vote shall be counted in
favor of that candidate to whose ticket belong all the other
candidates voted for in the same ballot for the same
constituency.

When in a space in the ballot there appears a name of a

candidate that is erased and another clearly written, the vote
is valid for the latter.

The erroneous initial of the first name which accompanies the

correct surname of a candidate, the erroneous initial of the
surname accompanying the correct first name of a candidate,
or the erroneous middle initial of the candidate shall not
annul the vote in favor of the latter.

The fact that there exists another person who is not a

candidate with the first name or surname of a candidate shall
not prevent the adjudication of the vote of the latter.

26
Ballots which contain prefixes such as "Sr.", "Mr.", "Datu",
"Don", "Ginoo", "Hon.", "Gob." or suffixes like "Hijo", "Jr.",
"Segundo", are valid.

The use of the nicknames and appellations of affection and

friendship, if accompanied by the first name or surname of
the candidate, does not annul such vote, except when they
were used as a means to identify the voter, in which case the
whole ballot is invalid: Provided, That if the nickname used
is unaccompanied by the name or surname of a candidate and
it is the one by which he is generally or popularly known in
the locality, the name shall be counted in favor of said
candidate, if there is no other candidate for the same office
with the same nickname.

Any vote containing initials only or which is illegible or

which does not sufficiently identify the candidate for whom it
is intended shall be considered as a stray vote but shall not
invalidate the whole ballot.

If on the ballot is correctly written the first name of a

candidate but with a different surname, or the surname of the
candidate is correctly written but with different first name,
the vote shall not be counted in favor of any candidate having
such first name and/or surname but the ballot shall be
considered valid for other candidates.

Any ballot written with crayon, lead pencil, or in ink, wholly

or in part, shall be valid.

Where there are two or more candidates voted for in an office

for which the law authorizes the election of only one, the vote
shall not be counted in favor of any of them, but this shall not
affect the validity of the other votes therein.

27
If the candidates voted for exceed the number of those to be
elected, the ballot is valid, but the votes shall be counted only
in favor of the candidates whose names were firstly written
by the voter within the spaces provided for said office in the
ballot until the authorized number is covered.

Any vote in favor of a person who has not filed a certificate

of candidacy or in favor of a candidate for an office for which
he did not present himself shall be considered as a stray vote
but it shall not invalidate the whole ballot.

Ballots containing the name of a candidate printed and pasted

on a blank space of the ballot or affixed thereto through any
mechanical process are totally null and void.

Circles, crosses or lines put on the spaces on which the voter

has not voted shall be considered as signs to indicate his
desistance from voting and shall not invalidate the ballot.

Unless it should clearly appear that they have been

deliberately put by the voter to serve as identification marks,
commas, dots, lines, or hyphens between the first name and
surname of a candidate, or in other parts of the ballot, traces
of the letter "T", "J", and other similar ones, the first letters or
syllables of names which the voter does not continue, the use
of two or more kinds of writing and unintentional or
accidental flourishes, strokes, or strains, shall not invalidate
the ballot.

Any ballot which clearly appears to have been filled by two

distinct persons before it was deposited in the ballot box
during the voting is totally null and void.

Any vote cast in favor of a candidate who has been

disqualified by final judgment shall be considered as stray
and shall not be counted but it shall not invalidate the ballot.

28
Ballots wholly written in Arabic in localities where it is of
general use are valid. To read them, the board of election
inspectors may employ an interpreter who shall take an oath
that he shall read the votes correctly.

The accidental tearing or perforation of a ballot does not

annul it.

Failure to remove the detachable coupon from a ballot does

not annul such ballot.

A vote for the President shall also be a vote for the Vice-
President running under the same ticket of a political party,
unless the voter votes for a Vice-President who does not
belong to such party.

Sec. 212. Election returns. - The board of election inspectors

shall prepare the election returns simultaneously with the
counting of the votes in the polling place as prescribed in
Section 210 hereof. The return shall be prepared in
sextuplicate. The recording of votes shall be made as
prescribed in said section. The entry of votes in words and
figures for each candidate shall be closed with the signature
and the clear imprint of the thumbmark of the right hand of
all the members, likewise to be affixed in full view of the
public, immediately after the last vote recorded or
immediately after the name of the candidate who did not
receive any vote.

The returns shall also show the date of the election, the
polling place, the barangay and the city of municipality in
which it was held, the total number of ballots found in the
compartment for valid ballots, the total number of valid
ballots withdrawn from the compartment for spoiled ballots
because they were erroneously placed therein, the total

29
number of excess ballots, the total number of marked or void
ballots, and the total number of votes obtained by each
candidate, writing out the said number in words and figures
and, at the end thereof, the board of election inspectors shall
certify that the contents are correct. The returns shall be
accomplished in a single sheet of paper, but if this is not
possible, additional sheets may be used which shall be
prepared in the same manner as the first sheet and likewise
certified by the board of election inspectors.

The Commission shall take steps so that the entries on the

first copy of the election returns are clearly reproduced on the
second, third, fourth, fifth, and sixth copies thereof, and for
this purpose the Commission shall use a special kind of
paper.

Immediately upon the accomplishment of the election returns,

each copy thereof shall be sealed in the presence of the
watchers and the public, and placed in the proper envelope,
which shall likewise be sealed and distributed as herein
provided.

Any election return with a separately printed serial number or

which bears a different serial number from that assigned to
the particular polling place concerned shall not be canvassed.
This is to be determined by the board of canvassers prior to
its canvassing on the basis of the certification of the
provincial, city or municipal treasurer as to the serial number
of the election return assigned to the said voting precinct,
unless the Commission shall order in writing for its
canvassing, stating the reason for the variance in serial
numbers.

If the signatures and/or thumbmarks of the members of the

board of election inspectors or some of them as required in
this provision are missing in the election returns, the board of

30
 canvassers may summon the members of the board of
election inspectors concerned to complete the returns.
Sec. 213. Proclamation of the result of the election in the
polling place. - Upon the completion of the election returns,
the chairman of the board of election inspectors shall orally
and publicly announce the total number of votes received in
the election in the polling place by each and every one of the
candidates, stating their corresponding office.14

Sec. 217. Delivery of the ballot boxes, keys and election

supplies and documents. - Upon the termination of the
counting of votes, the board of election inspectors shall place
in the compartment for valid ballots, the envelopes for used
ballots hereinbefore referred to, the unused ballots, the tally
board or sheet, a copy of the election returns, and the minutes
of its proceedings, and then shall lock the ballot box with
three padlocks and such safety devices as the Commission
may prescribe. Immediately after the box is locked, the three
keys of the padlocks shall be placed in three separate
envelopes and shall be sealed and signed by all the members
of the board of election inspectors.

The authorized representatives of the Commission shall

forthwith take delivery of said envelopes, signing a receipt
therefor, and deliver without delay one envelope to the
provincial treasurer, another to the provincial fiscal and the
other to the provincial election supervisor.

The ballot box, all supplies of the board of election inspectors

and all pertinent papers and documents shall immediately be
delivered by the board of election inspectors and the watchers
to the city or municipal treasurer who shall keep his office
open all night on the day of election if necessary for this
purpose, and shall provide the necessary facilities for said

14 ELECT. CODE, art. XVIII, §210-213.

31
 delivery at the expense of the city or municipality. The book
of voters shall be returned to the election registrar who shall
keep it under his custody. The treasurer and the election
registrar, as the case may be, shall on the day after the
election require the members of the board of election
inspectors who failed to send the objects referred to herein to
deliver the same to him immediately and acknowledge receipt
thereof in detail.15

In summary, the manual election process is as follows:

Voter Identity Counting Elections

Registration Voting of Votes Results
Verification

Figure I

Automated Election System

As mentioned earlier, the manual election system has posed numerous opportunities for

the possibility of electoral fraud. Ballot boxes have been switched, some have gone missing,

others are tampered with. These problems are not new. Since 1992, the government has been

trying to adopt the automated election system as a means of modernising the country’s electoral

process. Operation Modex (which stands for Modernisation and Excellence), was a six-year

modernisation program born out of a strategic planning seminar participated by key officials of

the COMELEC. The services of an international consultant, in collaboration with the Philippine

Computer Society, were contracted to scan alternative technology to modernise the electoral

process in the Philippines. The result of this study served as the affirmation of the direction

15 ELECT. CODE, art. XVIII, §217.

32
COMELEC was to take in its six-year operation.16 The program primarily operated within its

eight key components, namely: (1) formulation of a flexible legal framework that would allow

the Comelec to operate on a broad constitutional base; (2) systematization of the present method

of registration; (3) modernization of the electoral process from voting to proclamation to reduce

human intervention; (4) continuing election education campaign to foster citizen involvement;

(5) operationalization of a management information or IT system to establish an election data

bank; (6) upgrading of facilities and equipment; (7) decentralization and reorganization of

Comelec for more efficiency in the delivery of services; and (8) development and motivation of

Comelec personnel to professionalize the agency and to bolster a culture of competence and

integrity.17 A law was eventually passed in 1997, authorising the COMELEC to implement an

automated system in the 1998 May elections. This was Republic Act 8436. However, due to the

lack of preparation, timing and funding, only several provinces were able to use the new

system.18 In 2007, Republic Act 9369, “An Act Amending Republic Act No. 8436, Entitled "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, To Encourage Transparency, Credibility, Fairness And Accuracy Of Elections,

Amending For The Purpose Batas Pambansa Blg. 881, As Amended, Republic Act No. 7166 And

Other Related Election Laws, Providing Funds Therefor And For Other Purposes” which

16COMELEC, Automation History 1993, http://www.comelec.gov.ph/?r=Archives/RegularElections/

2010NLE/AutomatedElectionSystem/AutomationTimelines/AutomationHistory1993 (last accessed
March 27, 2015).
17
F. Mala, History, Structure, Policies, and Processes: Understanding Poll Modernisation Law, 22
LUMINA J. March 2001, at 2.
18G. Camaymayan, A Thorough Study of Manual and Automated Elections in the Philippines. https://
www.scribd.com/doc/246245836/A-Thorough-Study-of-Manual-and-Automated-Elections-in-the-
Philippines (last accessed March 27, 2015).

33
amended the first automation law, was enacted. It declared as state policy the “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.”19

The Philippines enforced the first nationwide automated electoral system in the 2010

Presidential Elections. The enforcement was not perfect but according to a survey by the Social

Weather Station (SWS), 75% of the Philippines were satisfied with the results. The COMELEC

was able to offer an initial report two hours after the polls closed. The trust level of the

COMELEC increased by 20% and the number of blank, null, strayed votes was reduced by half

compared to previous elections. 20

In automated elections, the first step is procuring the necessary equipment needed in

enforcing the automated electoral system. This includes renting, leasing, purchasing, in

accordance with law, the necessary supplies, equipment, software, and facilities needed. These

will then be tested and examined by the political parties and candidates or their representatives,

citizens' arm or their representatives. Once a technology has been selected for the automated

19 An Act Amending Republic Act No. 8436, Entitled "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, To Encourage Transparency, Credibility, Fairness
And Accuracy Of Elections, Amending For The Purpose Batas Pambansa Blg. 881, As Amended,
Republic Act No. 7166 And Other Related Election Laws, Providing Funds Therefor And For Other
Purposes, R.A. 9369 §1 (2007).
20C. Zavarce, Automating Elections and Electronic Voting: Rationale, Advantages and Challenges,
https://www.electoralnetwork.org/docs/electoral-affairs-2013/Smartmatic-automating-elections-and-
electronic-voting.pdf (last accessed March 27, 2015).

34
election system, the Commission shall make this available and open to interested groups who

would like to conduct their own review. The official ballot shall be selected, and voting may

proceed.

Sample Ballot Automated

SEC. 6. Minimum System Capabilities. - "The automated

election system must at least have the following functional
capabilities

(a) Adequate security against unauthorized access;

(b) Accuracy in recording and reading of votes as well as in

the tabulation, consolidation/canvassing, electronic
transmission, and storage of results;

(c) Error recovery in case of non-catastrophic failure of

device;

35
(d) System integrity which ensures physical stability and
functioning of the vote recording and counting process;

(e) Provision for voter verified paper audit trail;

(f) System auditability which provides supporting
documentation for verifying the correctness of reported
election results;

(g) An election management system for preparing ballots and

programs for use in the casting and counting of votes and to
consolidate, report and display election results in the shortest
time possible;

(h) Accessibility to illiterates and disabled voters;

(i) Vote tabulating program for election, referendum or

plebiscite;

(j) Accurate ballot counters;

(k) Data retention provision;

(l) Provide for the safekeeping, storing and archiving of

physical or paper resource used in the election process;

(m) Utilize or generate official ballots as herein defined;

(n) Provide the voter a system of verification to find out

whether or not the machine has registered his choice; and

(o) Configure access control for sensitive system data and

functions.

"In the procurement of this system, the Commission shall

develop and adopt an evaluation system to ascertain that the
above minimum system capabilities are met. This evaluation

36
 system shall be developed with the assistance of an advisory
council.21

SEC. 12. Procurement of Equipment and Materials. - To

achieve the purpose of this Act, the Commission is authorized
to procure, in accordance with existing laws, by purchase,
lease, rent or other forms of acquisition, supplies, equipment,
materials, software, facilities and other services, from local or
foreign sources free from taxes and import duties, subject to
accounting and auditing rules and regulations. With respect to
the May 10, 2010 elections and succeeding electoral
exercises, the system procured must have demonstrated
capability and been successfully used in a prior electoral
exercise here or abroad. Participation in the 2007 pilot
exercise shall not be conclusive of the system's fitness.

"In determining the amount of any bid from a technology,

software or equipment supplier, the cost to the government of
its deployment and implementation shall be added to the bid
price as integral thereto. The value of any alternative use to
which such technology, software or equipment can be put for
public use shall not be deducted from the original face value
of the said bid.”

SEC. 14. Examination and Testing of Equipment or Device of

the AES and Opening of the Source Code for Review. - The
Commission shall allow the political parties and candidates
or their representatives, citizens' arm or their representatives
to examine and test.

21 An Act Amending Republic Act No. 8436, Entitled "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, To Encourage Transparency, Credibility, Fairness
And Accuracy Of Elections, Amending For The Purpose Batas Pambansa Blg. 881, As Amended,
Republic Act No. 7166 And Other Related Election Laws, Providing Funds Therefor And For Other
Purposes, R.A. 9369 §6 (2007).

37
"The equipment or device to be used in the voting and
counting on the day of the electoral exercise, before voting
starts. Test ballots and test forms shall be provided by the
Commission.

"Immediately after the examination and testing of the

equipment or device, the parties and candidates or their
representatives, citizens' arms or their representatives, may
submit a written comment to the election officer who shall
immediately transmit it to the Commission for appropriate
action.

"The election officer shall keep minutes of the testing, a copy

of which shall be submitted to the Commission together with
the minutes of voting.”

"Once an AES technology is selected for implementation, the

Commission shall promptly make the source code of that
technology available and open to any interested political
party or groups which may conduct their own review
thereof."

SEC. 15. Official Ballot. - The Commission shall prescribe

the format of the electronic display and/or the size and form
of the official ballot, which shall contain the titles of the
position to be filled and/or the propositions to be voted upon
in an initiative, referendum or plebiscite. Where practicable,
electronic displays must be constructed to present the names
of all candidates for the same position in the same page or
screen, otherwise, the electronic displays must be constructed
to present the entire ballot to the voter, in a series of
sequential pages, and to ensure that the voter sees all of the
ballot options on all pages before completing his or her vote
and to allow the voter to review and change all ballot choices
prior to completing and casting his or her ballot. Under each
position to be filled, the names of candidates shall be

38
arranged alphabetically by surname and uniformly indicated
using the same type size. The maiden or married name shall
be listed in the official ballot, as preferred by the female
candidate. Under each proposition to be voted upon, the
choices should be uniformly indicated using the same font
and size.

"A fixed space where the chairman of the board of election

inspectors shall affix his/her signature to authenticate the
official ballot shall be provided.

"For this purpose, the Commission shall set the deadline for
the filing of certificate of candidacy/petition of registration/
manifestation to participate in the election. Any person who
files his certificate of candidacy within this period shall only
be considered as a candidate at the start of the campaign
period for which he filed his certificate of candidacy:
Provided, That, unlawful acts or omissions applicable to a
candidate shall take effect only upon the start of the aforesaid
campaign period: Provided, finally, That any person holding a
public appointive office or position, including active
members of the armed forces, and officers and employees in
government-owned or -controlled corporations, shall be
considered ipso facto resigned from his/her office and must
vacate the same at the start of the day of the filing of his/her
certificate of candidacy.
"Political parties may hold political conventions to nominate
their official candidates within thirty (30) days before the
start of the period for filing a certificate of candidacy.

"With respect to a paper-based election system, the official

ballots shall be printed by the National Printing Office and/or
the Bangko Sentral ng Pilipinas at the price comparable with
that of private printers under proper security measures which
the Commission shall adopt. The Commission may contract
the services of private printers upon certification by the

39
 National Printing Office/Bangko Sentral ng Pilipinas that it
cannot meet the printing requirements. Accredited political
parties and deputized citizen's arms of the Commission shall
assign watchers in the printing, storage and distribution of
official ballots.

"To prevent the use of fake ballots, the Commission through

the Committee shall ensure that the necessary safeguards,
such as, but not limited to, bar codes, holograms, color
shifting ink, microprinting, are provided on the ballot.

"The official ballots shall be printed and distributed to each

city/municipality at the rate of one ballot for every registered
voter with a provision of additional three ballots per
precinct.”

SEC. 18. Procedure in voting. - The Commission shall

prescribe the manner and procedure of voting, which can be
easily understood and followed by the voters, taking into
consideration, among other things, the secrecy of the
voting.22

To summarize, the automated election process is as follows:

Procurement Testing and Counting of Election

Voting Votes Results
of Equipment Examination

PCOS Machines

Figure 2

22 An Act Amending Republic Act No. 8436, Entitled "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, To Encourage Transparency, Credibility, Fairness
And Accuracy Of Elections, Amending For The Purpose Batas Pambansa Blg. 881, As Amended,
Republic Act No. 7166 And Other Related Election Laws, Providing Funds Therefor And For Other
Purposes, R.A. 9369 §12, 14-15, 18 (2007).

40
 PCOS Machine Ballot Feeding

Analysis

The manual and automated electoral systems have similar procedures, save for the

manner the voters cast their vote, and the way these votes are tallied. In the manual system,

votes are cast on paper ballots by writing the names of the candidates. In the automated system,

voters shade the circle beside the names of the candidates they are voting for. In the manual

system, once the polls have closed, the Board of Election Inspectors count the votes by counting

the ballots and the names in each ballot manually, and tallying them. In the automated system,

the poll clerk and third member enter their PIN in the PCOS machine and the PCOS

automatically counts the votes. We can see from the difference in procedure that the automated

system requires less human intervention, which may actually lessen the possibility of electoral

fraud incidents such as vote tampering.

41
Recommendation

Because of the manner of voting and counting the votes, the automated electoral system

proves to be more efficient and more effective than the manual electoral system. There is less

human intervention in the automated system, which actually prevents the possibility of votes

being erased or changed. Once a voter has cast his vote, the ballots are fed to the PCOS machine

for evaluation and counting. There is no way for the actual number to be changed, unless a

highly skilled computer hacker or someone with the like skill actually tampers with the software.

In short, it will take more than just erasing the candidate’s name for a ballot to be tampered with.

Apart from the possible drop in electoral fraud incidents, the computerised tallying will

definitely provide quicker election results. The COMELEC was able to offer the public with an

initial report just two hours after the polls closed. Getting initial results in hours instead of days

will definitely be a big improvement and help in our country’s electoral system.

This kind of system will also definitely increase the public’s trust in the COMELEC and

the electorate. With more secure and secret ballots, increased accountability and transparency

due to the process, the public will more like learn to trust in the system again. Fears and doubts

regarding possible cheating and fraud during elections will be eliminated. The country can learn

to trust in the Government once more.

42