RULES IN APPRECIATING

BALLOTS
R E P O RT E D BY: APRIL B. SUMALINOG
 WHAT IS BALLOT APPRECIATION?
• It is the determination of the vote
using information written on the official
ballot by the voter, his or her intention
and for whom it is, or should, be
counted, based in existing rules.

• For Manual elections, ballot appreciation is

done by BEI. For automated elections, it is
done by PCOS Machine
 WHO WILL APPRECIATE BALLOT?
• BET or BEI composed of public school
teachers: Chairman, Poll Clerk and
Third Member

• Board of Election Tellers (BET) for the

Barangay Elections;
• Board of Election Inspectors (BEI) for the
Local or National Elections.
 BET QUALIFICATIONS
• Of good moral character
• Register voter of city or municipality
• Able to speak and write Filipino,
English or the local dialect
• Never been convicted of any election
offense or any crime punishable by
more than 6months
• NO pending case for election offense
 BET POWERS AND FUNCTIONS
• Conduct voting and counting of votes
• Acts as Deputies of the Commission
• Maintain order within the polling place
• Prohibit the use of cellular phones and camera by the
voters
• Enforce obedience to its lawful orders
• Order peace officer to take disobedient person to
custody
• Power to issue warrant of arrest
• Authority is supreme inside polling area
• Perform quasi-judicial functions
• Power to administer oath
• Power to order detail of AFP or PNP
• Power to screen watchers
• Power to prohibit lawyers and candidates from the
WHAT ARE THE BASIC RULES IN BALLOT
APPRECIATION?
• Every ballot is PRESUMED VALID unless there
is clear & good reason to justify its rejection
• In case of doubts the intention and
expression of the voter’s will must be
carefully determined
• Questions are decided by majority of BET
• No watcher, candidate or any other person is
allowed to participate
• Except when watcher files protest
• Recorded in the minutes
4 BASIC RULES IN BALLOT APPRECIATION
(FERRER VS. COMELEC, GR NO. 139489, 10APRIL 2000)

1 . Intent Rule
• What is the intention of the voter?

2. Neighborhood Rule
• It is not found in the Omnibus Election Code. It is found in jurisprudence.
That is actually a concept made by the HRET (House of Representatives
Electoral Tribunal).

3. Idem Sonas Rule

• Identity is presumed in spite of misspelling of candidates name, if the
names sound the same or alike though slightly varied in spelling as
written on the ballot. (Sec. 211(7), OEC)

4. Equity of the incumbent Rule

• Apply this rule only when one of the candidates is incumbent

5. Superiority of Surname Rule

 HOW TO APPRECIATE VOTES

• 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:

• If only the FIRST NAME or SURNAME of the candidate is written:

• Vote is VALID provided there is no other candidate with the same
first name or surname for the same office

• If only the FIRST NAME of the candidate is written, which when

read, has a SOUND SIMILAR to the surname of another candidate:
• Vote is counted in favor of the candidate with such surname
because of Superiority of Surname Rule
 HOW TO APPRECIATE VOTES
• If there are 2 or more candidates with the SAME full name, first
name or surname, and one of them is incumbent:
• Vote is counted in favor of the incumbent

• If there is a woman who uses her maiden name or married surname

or both and there is a candidate with the same surname:
• Ballot bearing such surname only shall be counted in
favor of the incumbent

• If 2 or more surnames are written on the SAME LINE on the ballot:

• Not counted for either of them unless one of them is an
incumbent who has served for at least 1 year

• If 2 or more SIMILAR SURNAMES are written on DIFFERENT LINES for

an office which authorizes election of more than 1 and there are the
same number of candidates with same surname:
• Votes shall be counted for all
 HOW TO APPRECIATE VOTES

• If a single work is written, which is the first name of a

candidate and the surname of another:
• Vote shall be counted for the candidate bearing the SURNAME

• If 2 words are written on the SAME LINE, one of which is the

first name of a candidate and the surname of another:
• Vote shall NOT be counted for EITHER

• A name or surname incorrectly written, which when read,

has a sound similar to the name or surname of a candidate:
• Vote shall be counted in favor of such candidate

• If a name of the candidate for the position he aspires for is

written and on another position he does not aspire for:
• Vote shall be counted in the position he aspires for, BUT if it is
intended to identify the ballot, it becomes VOID
 HOW TO APPRECIATE VOTES

• If the name of the candidate is ERASED and another clearly written

(meaning, the voter changed his mind at the last minute:
• Vote shall be counted in favor of the new name

• If the initial of a first name, middle name or surname is incorrect:

• Vote is valid and shall be counted(unless the BET thinks it is a marked
ballot)

• If the name of a candidate is the same as the name of another who

is not a candidate:
• Vote is counted for candidate

• If there are prefixes or suffixes:

• Vote is still valid

• Nicknames and appellations of affection and friendship

accompanied by first name or surname is VALID:
 HOW TO APPRECIATE VOTES

• Initials only, illegible and do not sufficiently identify candidate:

• Stray but will not invalidate whole ballot. However, if the BET thinks that it is a
marked ballot, the entire ballot will be voided.

• Correct first name with different surname OR correct surname with

different first name:
• Stray but will not invalidate whole ballot

• Ballot written with crayon, lead pencil, or ink (wholly or in part):

• Valid unless used to identify the ballot, in which case it is considered a
MARKED ballot and should be considered VOID. Unless used to identify the
ballot, in which case, it is will be considered a marked ballot and should be
considered void.

• If there are 2 or more candidates written in a single position:

• The vote shall not be counted for either or all but does not affect validity of
the others

• If the candidates voted for EXCEED the number of those to be

 HOW TO APPRECIATE VOTES

• A name or surname incorrectly written, which when read, has

a sound similar to the name or surname of a candidate:
• Vote shall be counted in favor of such candidate

• If a name of the candidate for the position he aspires for is

written and on another position he does not aspire for:
• Vote shall be counted in the position he aspires for; BUT if
it is intended to identify the ballot, it becomes VOID

• When we say of a stray vote, meaning only that vote is

invalidated. It does not invalidate the entire ballot. However, if it is
intended to identify the ballot, it becomes void (MARKED BALLOT). Before
the BET counts the ballots or appreciates the ballots, they sort the ballots
to check if there are marked ballots. Once they find a marked ballot,
automatically it is voided) everything in the ballot is void.
 HOW TO APPRECIATE VOTES

• Vote for non-candidate and for a candidate for an office he did not
aspire for:
• Stray but does not invalidate the entire ballot

• Ballot containing name of candidate PRINTED, PASTED OR AFFIXED

THROUGH ANY MECHANICAL PROCESS:
• TOTALLY NULL AND VOID
• It will be null and void for being affixed through mechanical process or for being a
marked ballot.

• Circles, crosses or lines on blank spaces:

• Indicate desistance from voting and shall not invalidate the ballot
• Unless used to identify the ballot, in which case, it is will be considered a marked
ballot.

• Commas, dots, lines or hyphens between the first name and surname
or in other parts of the ballot; traces of the letters “T”, “J”; two or
more kinds of writing; use of accidental flourishes, strokes or strains:
 HOW TO APPRECIATE VOTES

• Ballot which appears to have been filled by 2 distinct persons:

• NULL AND VOID

• If the space for Punong Barangay is blank, but the name of

the candidate for Punong Barangay is written in the first line
for Barangay Kagawad:
• Count in favor of the candidate pursuant to the Neighborhood Rule
• If there are blank spaces between the space for Punong Barangay and
the space for Barangay Kagawad where the name of the Punong
Barangay candidate is written, the Neighborhood Rule will no longer
apply.
• If there is a candidate, running as Barangay Kagawad, having the same
name as the candidate for Punong Barangay and the name is written in
the space for Barangay Kagawad, then the vote will be counted for the
Barangay Kagawad candidate.
• If the candidate for Punong Barangay has the same surname with a
candidate for Barangay Kagawad and the same surname is written on the
first two spaces for Barangay Kagawad, the vote may be counted for
Punong Barangay and Barangay Kagawad by virtue of the Neighborhood
Rule. (It actually depends on how the BET will appreciate the votes, for
 HOW TO APPRECIATE VOTES

• Vote for candidate disqualified BY FINAL JUDGMENT:

• Stray but will not invalidate the entire ballot

• Ballots wholly written in Arabic in localities where it is of

general uses are valid

• Accidental tearing or perforation of ballot does not invalidate

it

• Failure to remove detachable coupon does not annul ballot

THANK YOU.