RULES ON APPRECIATION OF Leonilo Bolingao (incumbent) vs.

Marcelo
BALLOTS Bolingao
“In the appreciation of Ballots, every ballot shall On the Ballot:
be presumed valid unless there is clear and good
Bolingao – counted in favor of Leonilo
reason to justify its rejection.”
Bolingao
No watcher, Candidate or any other person
C.
inside the polling place shall be allowed to
participate in the appreciation of ballots, c. In case the candidate is a woman who uses
except that any watcher may file a protest her maiden or married surname or both and there
which shall be recorded in the minutes. is another candidate with the same surname, a
ballot bearing only such surname shall be
Any question on the appreciation of Ballot shall
counted in favor of the candidate who is an
be decided by a majority of the Electoral Board
incumbent. (rule in favor of the incumbent
Members.
woman)
Appreciation of Ballots
Example:
(Sec. 211 of BP Blg. 881)
Barangay Captain:
a. Where only the first name or the surname of
the candidate is written, the vote for such Rosario Bolingao Sta. Maria vs. Leonilo
candidate is valid, if there is no other Bolingao (incumbent)
candidate with the same first name or
surname for the same office On the Ballot:

Example: Bolingao– counted in favor of Leonilo

Bolingao
Name of Candidate: Leonilo Bolingao
D.
On the Ballot:
When two or more words are written on the
If: Leonilo ✔ If: Bolingao ✔ same line on the ballot, all of which are the
surnames of two or more candidates:
B.
GR: the same shall not be counted for any of
b.1. Where only the first name of a candidate is
them
written on the ballot, which when read, has a
sound similar to the surname of another EX: unless one is a surname of an incumbent
candidate, the vote shall be counted in favor of who has served for at least one year in which
the candidate with such surname. (rule in favor case it shall be counted in favor of the latter
of surname)
(a)
Example:
Barangay Captain:
Barangay Captain:
Marcelo Canlas vs. Leonilo Bolingao
Leonilo Bolingao vs. Bolingao Peres (incumbent who has served for at least one year)
On the Ballot: On the Ballot:
Bolingao– counted in favor of Leonilo Bolingao Canlas Bolingao – counted in favor of the
incumbent
b.2. If there are two or more candidates with the
same full name, first name or surname and one (b)
of them is the incumbent, and on the ballot is
written only such full name, first name or Barangay Captain: Marcelo Canlas vs. Irwin
surname, the vote shall be counted in favor of Prutas
the incumbent. (rule in favor of the (none is incumbent)
incumbent)
On the Ballot:
Example:
Canlas Prutas - ✗ INVALID (TABLA)
Barangay Captain:
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 Leonilo Bolingao vs. Irwin Prutas
same surname for an office for which the law
On the Ballot:
authorizes the election of more than one and
there are the same number of such surnames Bolinghaw – counted in favor of Leonilo
written as there are candidates with that Bolingao
surname, the vote shall be counted in favor of all
the candidates bearing the surname. H.

Example: When a name of a candidate appears in a space

of the ballot for an office for which he is a
Councilors: candidate and in another space for which he is
not a candidate:
Juan Cruz
it shall be counted in his favor for the office for
Jose Cruz
which he is a candidate; and
Pedro Reyes
the vote for the office for which he is not a
Rosita Diaz candidate shall be considered as stray, except
when it is used as a means to identify the voter,
On the Ballot: in which case, the whole ballot shall be void.
1. Cruz – VALID Example:
2. Cruz- VALID Barangay Captain:
E. Leonilo Bolingao vs. Irwin Prutas
When on the ballot is written a single word On the Ballot:
which is the first name of a candidate and which
is at the same time the surname of his Barangay Captain: Leonilo Bolingao – ✔
opponent, the vote shall be counted in favor of VALID
the latter. (rule in favor of surname)
Councilor: Leonilo Bolingao - ✗ INVALID
Example
SAME OFFICE NO INCUMBENT RULE
Barangay Captain: Bolingao Duhay Lungsod
vs. Leonilo Bolingao If the word or words written on the appropriate
blank on the ballot is the identical name or
On the Ballot: surname or full name, as the case may be, of two
Bolingao- counted in favor of Leonilo Bolingao or more candidates for the same office none of
whom is an incumbent, the vote shall be
F. counted in favor of that candidate to whose
ticket belong all the other candidates voted for in
When two words are written on the ballot, one
the same ballot for the same constituency.
of which is the first name of the candidate and
the other is the surname of his opponent, the I.
vote shall not be counted for either.
When in a space in the ballot there appears a
Example name of a candidate that is erased and another
clearly written, the vote is valid for the latter.
Barangay Captain:
(rule in favor of clarity)
Leonilo Bolingao vs. Irwin Prutas
On the Ballot:

Leonilo Prutas - ✗ INVALID J.

G. The erroneous initial of the first name which
A name or surname incorrectly written which, accompanies the correct surname of a candidate,
when read, has a sound similar to the name or the erroneous initial of the surname
surname of a candidate when correctly written accompanying the correct first name of a
shall be counted in his favor; candidate, or the erroneous middle initial of the
candidate shall not annul the vote in favor of
Barangay Captain: the latter.
Example: N.
Barangay Captain: Leonilo Bolingao Any vote containing initials only or which is
illegible or which does not sufficiently identify
On the Ballot: the candidate for whom it is intended shall be
If: Leo Nilo R. Bolingao – ✔ considered as a stray vote but shall not
invalidate the whole ballot.
If: Leonilo R. Volingao – ✔
Example
If: Leonero A. Bolingao - ✔ Barangay Captain: Irwin Prutas
K. On the Ballot:
The fact that there exists another person who is IP- Invalid
not a candidate with the first name or surname
of a candidate shall not prevent the adjudication O.
of the vote of the latter.
If on the ballot is correctly written the first name
Leonilo Bolingao( Running for Brgy. Captain) of a candidate but with a different surname, or
the surname of the candidate is correctly written
Leonilo Bolingao (same name not running) but with different first name, the vote shall not
Counted in favor of the candidate be counted in favor of any candidate having
such first name and/or surname but the ballot
L. shall be considered valid for other candidates.
(stray)
Ballots which contain prefixes such as "Sr.",
"Mr.", "Datu", "Don", "Ginoo", "Hon.", "Gob." Example:
or suffixes like "Hijo", "Jr.", "Segundo", are
valid. Barangay Captain:

Example Irwin Prutas vs. Junjun Balikbalik

Barangay Captain: Leonilo Bolingao On the Ballot:

On the Ballot: Dongdong Balikbalik- ✗ INVALID

Mr. Leonilo Bolingao - ✔ VALID P.

M. Any ballot written with crayon, lead pencil, or in

ink, wholly or in part, shall be valid.
USE OF NICKNAMES and APPELATION
Q.
GR: The use of the nicknames and appellations
of affection and friendship, if accompanied by TWO FOR ONE
the first name or surname of the candidate, does Where there are two or more candidates voted
not annul such vote for in an office for which the law authorizes the
EX: when they were used as a means to election of only one, the vote shall not be
identify the voter, in which case the whole counted in favor of any of them, but this shall
ballot is invalid not affect the validity of the other votes therein.

EX to EX: Provided, That if the nickname used Barangay Captain: Irwin Prutas vs. Rendel
is unaccompanied by the name or surname of a Dinakdakay
candidate AND it is the one by which he is On the Ballot:
generally or popularly known in the locality, the
name shall be counted in favor of said candidate, Irwin Prutas Rendel Dinakdakay- Invalid
if there is no other candidate for the same office
R.
with the same nickname.
If the candidates voted for exceed the number of
Example:
those to be elected, the ballot is valid, but the
Barangay Captain: Leonilo “Nilo” Bolingao votes shall be counted only in favor of the
candidates whose names were firstly written by
On the Ballot: the voter within the spaces provided for said
Nilo Bolingao - ✔ VALID
office in the ballot until the authorized number is Circles, crosses or lines put on the spaces on
covered. which the voter has not voted shall be
considered as signs to indicate his desistance
Example: from voting and shall not invalidate the ballot.
Councilors: V.
Allan Solon Rose dela Pena Unless it should clearly appear that they have
Jose Ceniza Lani Perez been deliberately put by the voter to serve as
identification marks, commas, dots, lines, or
Ana Paras Anton Solis hyphens between the first name and surname
Riza Torres Gaby Santiago of a candidate, or in other parts of the ballot,
traces of the letter "T", "J", and other similar
Gene Lopez Liza Garcia ones, the first letters or syllables of names which
the voter does not continue, the use of two or
On the Ballot:
more kinds of writing and unintentional or
Councilors: accidental flourishes, strokes, or strains, shall
not invalidate the ballot.
1. Jose Ceniza
Example:
2. Riza Torres
Barangay Captain: Irwin -Prutas
3. Gene Lopez
Councilors: Dingdong Perez
4. Rose dela Pena
JunJun Balibali t - ✗
5. Liza Garcia
W.
6. Gaby Santiago
Any ballot which clearly appears to have been
7. Ana Paras
filled by two distinct persons before it was
8. Lani Perez - INVALID deposited in the ballot box during the voting is
totally null and void.
S.
X.
Any vote in favor of a person who has not filed
a certificate of candidacy or in favor of a Any vote cast in favor of a candidate who has
candidate for an office for which he did not been disqualified by final judgment shall be
present himself shall be considered as a stray considered as stray and shall not be counted but
vote but it shall not invalidate the whole ballot. it shall not invalidate the ballot.

Example:
Barangay Captain: Y.

Che Che Lata vs. Irwin Prutas Ballots wholly written in Arabic in localities
where it is of general use are valid. To read
On the Ballot: them, the board of election inspectors may
Barangay Captain: Rendel Mamamoso (wa employ an interpreter who shall take an oath that
he shall read the votes correctly.
mo file cert of candidacy)-✗ INVALID
Z.
T.
The accidental tearing or perforation of a ballot
PRINT PASTE VOID
does not annul it.
Ballots containing the name of a candidate
aa.
printed and pasted on a blank space of the ballot
or affixed thereto through any mechanical Failure to remove the detachable coupon from a
process are totally null and void. ballot does not annul such ballot.
U.
Indicia of Desistance
 QUESTIONS (Pangutana?)

What will ANNUL BALLOTS?

1 Ballots containing the name of a
candidate printed and pasted on a blank
space of the ballot or affixed thereto
through any mechanical process.
2 Any ballot which clearly appears to
have been filled by two distinct persons
before it was deposited in the ballot box
during the voting.
3 Ballots containing 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 intentional
flourishes, strokes or strains clearly
appearing that they have been
deliberately put by the voter to serve as
identification.