Sec. 55. Manner of counting. – The SBEI shall:

1) Clear the tables to be used for counting of all unnecessary writing paraphernalia;

2) The Chairman, the Poll Clerk and the Third Member shall position themselves in such a way as to give the watchers and the public an unimpeded view of the ballot being read by the Chairman, as well as of the Overseas Absentee Voting Election Returns (OAVF No. 9) and Tally Board (OAVF No. 10) being simultaneously accomplished by the Poll Clerk and the Third Member, respectively. The watchers and the public shall not touch any of the said election documents;

3) The Chairman shall take the ballots from the first pile one by one and read the names of the candidates voted for and the offices for which they are voted as well as the name of the party, organization or coalition voted for under the party-list system of representation, in the order in which they appear thereon;

4) The Poll Clerk and the Third Member shall record by a vertical line in the election returns and in the tally board, every vote obtained by each candidate and party, organization or coalition participating under the party-list system of representation, as it is read.

Every fifth vote shall be recorded by a diagonal line crossing the previous four vertical lines.

The SBEI shall ensure that the entries on the first copy of the election returns are clearly impressed on the other copies.

5) After finishing the first pile of ballots, add and record the sum of votes obtained by each candidate and the party, organization or coalition participating under the party-list system of representation, immediately after the last tara on the election returns and on the tally board. In case of discrepancy between the election returns and the tally board, a recount shall be made. The ballots shall again be grouped together as before;

6) The same procedure shall be followed with the succeeding piles of ballots.

7) After all the ballots have been counted:

7.1) The members shall affix their initials after the last vote recorded or immediately after the name of the candidates or party, sectoral organization or coalition participating in the party-list system of representation who did not receive any votes;

7.2) Add all the sub-totals; and

7.3) Record, in words and in figures, the total number of votes obtained by each candidate and by each party, organization or coalition, participating under the party-list system, both in the election returns and the tally board.

8) The members shall accomplish the certification portion of the election returns and tally board.

9) The watchers, if any, shall affix their signatures on every page of the election returns and the imprint of their right thumbmarks on the last page thereof.

10) The Chairman shall publicly announce the total number of votes received by each candidate for President, Vice-President, Senator and party, sectoral organization or coalition participating in the party-list system of representation

11) The Poll Clerk shall then immediately announce the posting of the second copy of the said election returns on a wall with sufficient lighting within the premises of the polling place and proceed to post the same in the presence of the other members of the board, the watchers and those present in the polling center.

The copy of the election returns posted on the wall shall be open for public viewing at any time of the day for forty-eight (48) hours following its posting. Any person may view or capture an image of the election returns by means of any data capturing device such as, but not limited to cameras, at any time of the day for forty-eight (48) hours following its posting.

After the prescribed period for posting, the Chairman of the SBEI shall collect the posted election returns and keep the same in his custody to be produced for image or data capturing as may be requested by any voter or for any lawful purpose as may be ordered by competent authority.

12) The SBEI shall fold each copy of the election returns, seal with a serially numbered paper seal, and place in its corresponding envelope.

13) The counted ballots shall be placed inside OAVF No. 16 which shall be closed, signed, and sealed. The tally board as accomplished and certified by the SBEI shall not be changed or destroyed but shall be placed inside a ballot box/receptacle before submission to the SBRCG.

14) Distribute the envelopes containing the election returns in accordance with Section 57 hereof.

Sec. 56. 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 SBEI shall observe the following rules, bearing in mind that the object of the election is to obtain the expression of the voter’s will:

a) Where only the first name of a candidate or only his/her 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 the name of a party-list participant is incompletely written or not in the proper order as appearing in the certified list of parties, the vote for such party, if identifiable, is valid if there is no other party using the same.

b) Where only the first name of a candidate is written on the ballot which when read, has 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 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 votes shall be counted in favor of the incumbent.

c) 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.

d) 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 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 votes shall be counted in favor of all the candidates bearing the surname.

e) 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/her opponent, the vote shall be counted in favor of the latter.

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

g) 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/her favor.

A name incorrectly written which, when read, has a sound similar to the name of a party-list participant, when correctly written shall be counted in its favor.

h) 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/her 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.

When the name of a party appears in a space of the ballot for an office other than for the party list, it shall be considered stray but it shall not invalidate the whole ballot 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.

i) When in a space in the ballot there appears a name of a candidate or party that is erased and another clearly written, the vote is valid for the latter.

j) 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 candidates shall not annul the vote in favor of the latter.

k) 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.

l) Ballots which contain prefixes such as “Sr.”, “Mr.”, “Datu”, “Ginoo”, “Hon.”, “Gob.”, or suffixes like “Hijo”, “Jr.”, “Segundo”, are valid.

m) 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.

n) 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.

The initials of a party-list participant shall be considered valid, provided, that they are the same initials as appearing in the certified list of party-list participants.

o) 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 a 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.

p) Any ballot written with crayon, lead pencil, or in ink, wholly or in part, shall be valid.

q) Where there are two or more candidates/parties 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.

r) 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 space provided for said office in the ballot until the authorized number is covered.

s) 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.

A vote cast for a party-list participant not entitled to be voted for shall not be counted.

t) Ballots containing the name of a candidate or party-list participant printed and pasted on a blank space of the ballot or affixed thereto through any mechanical process are totally null and void.

u) Circles, crosses or lines put on the spaces on which the voter has not voted shall be considered as signs to indicate his/her desistance from voting and shall not invalidate the ballot.

v) 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 or 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.

w) 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.

x) Any vote cast in favor of a candidate or party who has been disqualified by final judgment shall be considered as stray and shall not be counted but it shall not invalidate the ballot.

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

z) The accidental tearing or perforation of a ballot does not annul it.

aa) Failure to remove the detachable ballot coupon from a ballot does not annul such ballot.

Sec. 55. Preparation of overseas absentee voting election returns and tally board. –

1) The SBEIs shall prepare in their own handwriting the election returns and the tally board simultaneously with the counting of the votes in their respective counting areas. The election returns shall be prepared in seven (7) copies.

2) The Chairman shall strictly ensure that all the following data are entered in the election returns:

2.1) Name of country/ies where the embassy, consulate or foreign service establishment have consular jurisdiction; and

2.2) Total number of:

2.2.1) Ballots received;

2.2.2) Ballots found in the ballot box; and

2.2.3) Spoiled ballots.

Sec. 56. Alteration and correction in the overseas absentee voting election returns. – Before the announcement of the results of the election, the SBEI may, on its own, make any correction or alteration in the election returns, provided, that all the members thereof duly initial the corrections or alterations.

After announcement of the results of the election in the polling place, the SBEI shall not make any alteration or amendment in any of the copies of the election returns.

Article XI

Table of Contents

Article XIII