The tasks and responsibilities of pollwatchers on the day of the elections may be divided into five phases, namely: a) before the voting starts; b) during the voting; c) during the counting of votes; d) after the counting; and e) during the canvassing.

Before the Voting Starts

Things to be remembered by the pollwatcher before the voting starts:

1. Be at the polling place at or before 6:00A.M. The members of the Board of Election Inspectors are expected to arrive at the poling place at or before 6:00A.M and will immediately meet and commence preliminaries to the voting.

2. Before proceeding to the polling place, check the pollwatcher’s kit and make sure that its contents are complete.

3. Upon entering the precinct, present and deliver your written appointment papers and IDs to the Chairman of the BEI and make sure that your name is recorded in the Minutes of Voting with a notation that you are not a disqualified watcher.

Pollwatcher’s Task During the Preliminaries to the Voting

During the preliminaries to the voting, the pollwatcher must already fill up the Inventory Sheet with the necessary information available such as the names of the members of the BEI, the serial numbers of the official ballots, the numbers of plastic seals and their serial numbers , and the serial number of the Minutes of Voting and Counting.

DURING THE VOTING

Rules to Remember during the Voting

1. The following are the only voters who may be allowed to vote:

a. Those whose names are in the Certified Voters List and whose Voter’s Registration Records (VRR) are in the Book Of Voters of the precinct;

b. Those whose inclusion in the Certified Voter’s List was ordered by the court.

In case a voter’s name is not found in the voter’s list, the BEI should refer to the book of voter’s VRR is included there. If not, the voter should not be allowed to vote. The only exception is when there is a court order for the inclusion of his or her name in the Voter’s List.

2. Persons Allowed in the Polling Place. Only the following person’s are allowed inside the polling place:

a. The members of the Board of Election Inspectors;

b. The representative from the Comelec;

c. The voters casting their votes;

d. The voters waiting for their turns to use the booths;

e. The voters waiting for their turn to cast their votes with such period not exceeding twenty (20) at any one time.

3. Persons Not Allowed Inside the Polling Place. Except for the purpose of casting their votes, the following persons are prohibited from entering any polling place:

a. Any officer or member of the Armed Forces of the Philippines;

b. Any officer or member of the Philippine National Police;

c. A 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 paramilitary forces including special forces, security guards, special policemen, and all other kinds of armed or unarmed extra-legal police officers.

4. No two persons can use the same voting booth or space at any one time.

5. Officials of the barangay are not allowed to stay inside the polling place unless they are there to vote. They should, however, immediately leave the premises of the polling place after voting.

6. A voter is not allowed to fill up his ballot outside the voting booth or outside the area reserved for filling up ballots or without using a Ballot Secrecy Folder;

7. After a voter has cast his vote, he or she must immediately leave the polling place;

8. While the voting is still going on, the BEI is not allowed to make any announcement as to whether a certain registered voter has already voted or not, how many have already voted or how many o far have failed to vote, or any other fact tending to show or showing the state of the polls; neither shall he or she make any statement at any time, except as witness before the court, as to how any person voted.

9. No member of the BEI is allowed to sign any blank election form such as the Certificate of Votes, Minutes of Voting, Election Returns, and other forms.

10. The ballot box should remain locked until the voting is finished and the counting begins. However, if it should become necessary to make room for more ballots, the BEI chairman may open the box in the presence of the rest of the BEI and the watchers. The chairman shall then press down with his hands the ballots contained inside without removing any of them. The BEI Chair shall close the box afterwards and lock it with three padlocks.

Things to be Remembered by the Pollwatcher during the Voting

1. Stay in the area designated for pollwatchers and position yourself in such manner that you are able to closely observe all times the proceedings of the BEI, particularly the giving of ballots to the voter and the dropping of this in the ballot box;

2. Check for ballots with serial numbers different from those listed in your Inventory Sheet and immediately bring such to the attention of the BEI. Ask your runner to immediately report the same to your barangay coordinator. These are “spurious ballots”.

3. Ask the BEI to record in the Minutes of voting the fact of discovery of spurious ballots.

4. Never leave the premises of the polling place without a reliever.

5. File a “challenge” or “protest” using the Challenge Form or Protest Form contend in your pollwatching kit when necessary and see to it that the “challenge” or “protest” is recorded in the Minutes of Voting. Ask from the BEI a “certification” of the filing of protest or challenge as well as its resolution thereon.

6. Should any irregularities, violations, or any untoward incident take place in the polling place, immediately bring these to the attention of the BEI and ask that these be recorded in the Minutes of Voting.

7. Ask the BEI to exclude from the polling place persons not allowed by law to stay there.

8. Ensure that each voter who has voted is marked with indelible ink on his or her right forefinger.

9. Make a report of the irregularities, violations, and other untoward incidents that happen in your precinct of assignment or near and around the polling place and submit it to your barangay coordinator.

Challenge of Illegal Voters (e.g. Flying Voters, Unregistered Voters, Persons using the name of other registered voters)

The pollwatcher must immediately challenge any person offering to vote but is not registered, is using the name of another, or is suffering from existing disqualifications. In case of such a challenge, the BEI shall satisfy itself as to whether or not the ground for the challenge is true by requiring proof of registration or the identity of the voter.

The failure of the voter to produce his voter’s affidavit upon being challenged does not preclude him or her from voting if his or her identity is:

1. Shown from the photograph, fingerprints, or specimen signatures in his approved application in the Book of Voters; or

2. If he is identified under oath by a member of the BEI.

In case a challenged voter is identified by a BEI member, the identification must be made UNDER OATH and reflected in the Minutes of Voting and Counting with the following clearly stated:

a) the name of the voter being challenged;
b) the name of the BEI member who identified him or her;
c) the ground for the challenge against the said voter;
d) the resolution of the BEI on the challenge.

If the identity of the challenged voter is not ascertained by any of the means enumerated above, that voter should be precluded from voting.

In any case, the pollwatcher should ask for a certification of the filing of the challenge and a copy of a resolution of the BEI thereon.

Challenge Based on Certain Illegal Acts

The watcher may also challenge any voter offering to vote on the grounds that he or she has received or expects to receive, has paid, offered or promised to contribute money or anything of value as consideration for his vote or for the vote of another; that he or she has made or received a promise to influence the giving or withholding of any such vote, or that he or she has made a bet or is interested directly or indirectly in a bet that depends upon the result of the election.

The challenged person may take a prescribed oath before BEI that he or she has not committed any of the acts alleged in the challenge. Upon the taking of such oath, however, the challenge shall be sustained and he/ she shall not be allowed to vote.

Record of Challenges and Oaths

The pollwatcher should see to it that the poll clerk keeps a prescribed record of challenges and oaths taken in connection therewith and the resolution of the BEI in each case and, upon the termination of the voting, certifies that it contains all the challenges made. The original of this record shall be attached to the original copy of Minutes of Voting.

Challenge Against Irregularities of the BEI

Should it become apparent that any member of BEI is committing irregularities, the pollwatcher may file a protest against such member. It is the right of the pollwatcher to ask for a certification of such filing and to have this reflected in the minutes. The pollwatcher also has to be furnished a copy of the resolution of the BEI on the protest.

Procedure in Bringing a Protest or Challenge

1. The pollwatcher shall first manifest orally to the BEI that he/ she is filing a protest or challenge and state his/ her grounds for the action.

2. He or she shall thereafter accomplish the prescribed form for the protest or challenges and submit this to the BEI.

3. The pollwatcher shall then ask the BEI that his/ her protest or challenge be recorded in the Minutes of Voting and Counting.

4. The pollwatcher shall next ask from the BEI a certification of the filing of the protest or challenge.

5. The pollwatcher should thereafter ask for a copy of the resolution of the BEI on the challenge or protest.

Close of Voting

The voting shall end at exactly 3:00P.M. However, if there are still voters within 30 meters from the polling place, they should have their names listed shall be allowed to vote after 3:00P.M. deadline.

After the Voting

After the voting, the BEI chair shall prepare a list showing the number of unused ballots together with their serial numbers.

The pollwatcher should see to it that, as required by law, the list is signed by all the members of the BEI. The purpose is to prevent the use of the unused ballots or the replacement of the used ballots with unused ballots.

After the preparation and signing of the list, all the unused ballots should be torn halfway in the presence of the members of the BEI and the watchers.

Procedure to be Observed in case of Excess Ballots

Before the counting starts, the BEI chair must check whether or not the number of ballots cast is equal to the number of voters in the voting record. If the number of the ballots exceeds the number of the voters on record, the poll clerk, without looking at the ballots, must publicly draw out such number of ballots that is equal to the excess. The ballots drawn out, without being unfolded, must be placed in the official envelope marked “excess ballots.” This envelope shall be sealed and signed by the BEI members and shall be placed in the ballot box’s compartment of valid ballots. Its contents, however, shall not be included in the appreciation of ballots.

DURING THE COUNTING OF BALLOTS

Counting to be Public and Without Interruption

As soon as the voting is finished, the BEI shall publicly count in the polling place the votes cast and ascertain the results. The BEI shall not adjourn, postpone, or delay the count, and shall continue with it until it has been fully completed, unless otherwise ordered by the Comelec.

The Comelec, in the interest of free, orderly, and honest elections, may order the BEI to count the votes and to accomplish the election returns and other forms of prescribed under the Election Code in any other place within a public building in the same municipality or city, provided that the said public building is not located within the perimeter pf or inside a military, police camp, or reservation, or inside a prison compound.

Manner of Counting Votes

1. The BEI shall unfold the ballots and form separate piles of one hundred ballots each, which shall be bundled with rubber bands.

2. The BEI chair shall take the ballots of the first pile one by one and read the names of the candidates voted for and the offices which they were voted in the order that they appear on the ballot.

The chair should assume a position that would enable all of the watchers to clearly read names written on each ballot.

3. The BEI chair shall sign and affix his or her 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.

4. After finishing the first pile of ballots, the BEI 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.

5. The first 100 ballots already read and counted shall then be grouped together again.

Thereafter, the same procedure shall be followed with the second pile of ballots and so on successively.

6. After all the ballots have been read, the BEI 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.

7. The BEI 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 BEI shall not changed or destroyed but shall be kept in the compartment for valid ballots.

AFTER THE COUNTING OF VOTES

After all the valid ballots have been read and all the votes counted, the entry of votes in words and figures in the election returns for each candidate shall be closed with the signature and the clear imprint of the right thumbmark of each member of the BEI.

The pollwatcher should see to it that the signing and affixing of thumbmarks by the members of the BEI are done in full view of the public. The importance of closing the entries in the election returns with signatures and thumbmarks is to prevent the addition of any other entries after the completion of the counting of votes.

All BEI members should then sign and affix their thumbmarks on the portion of the election returns allocated for that purpose.

The Pollwatcher should check that the signatures of the members of the BEI are reflected on the original and the other required six copies of the election returns. The thumbmarks must be affixed on all the copies.

The watchers of six principal political parties can then sign and place their thumbmarks on the proper portion of the election returns. The thumbmarks must be made in all copies, and the signatures must be reflected in all said copies.

Should any of the watchers fail to sign and thumbmark the returns, the reason for such failure should be reflected in the Minutes of Voting ad Counting.

The BEI shall then segregate the Election Returns per copy and fold and seal each copy with a paper seal and put in the proper envelope. The envelope shall again be sealed with a paper seal. Take note of all serial numbers of the envelopes and of the paper seals.

At this point, the watcher should have already filled up the Inventory Sheet with all the necessary entries. Remember that the Inventory Sheet is also an important reference for the watchers and the legal counsel during the canvassing.

Certificate of Votes

It is the right of the watcher to e issued a Certificate of Votes by the BEI. The Certificate of Votes, which should have the signature and the thumbmarks of the BEI members, is a very important document as it contains the number of votes cast for candidates.

The watcher should ask the BEI for the issuance of the Certificate of Votes. Remember that the BEI is required to issue the Certificate only UPON THE REQUEST of the candidate or his or her duly accredited watcher.

The Certificate of Votes is a document with evidentiary value. Its availability to the watchers and the legal counsel at the canvassing center is very important.

The Certificate of Votes is admissible in evidence to prove tampering, alteration, falsification, or any anomaly committed in the election returns concerned when duly authenticated by testimonial or documentary evidence presented to the board of canvassers by at least two members of the BEI who issued the certificate. (Section 17, R.A. No. 6646, The Electoral Reforms Law of 1987)

Also make sure that the Certificate of Votes issued is signed and thumbmarked by all the members of the BEI.

Proclamation of Results

Upon the completion of the election returns, the BEI chair shall orally and publicly announce the total number of votes received by each and every candidate in the election in the polling place.

The law requires that the proclamation of results in the polling by the BEI be made only upon completion of the election returns. The watcher should check if all the entries in the election returns have been completed and that these are true and correct.

After the announcement of the result in the polling place, the BEI is no longer allowed to make an alternation or amendment in any of the copies of the election returns. An alternation may be allowed only if there s an order from the Comelec upon petition by all the members of the BEI.

Closing of the Ballot Box

After the proclamation of results, the BEI shall place the following inside the ballot box:

1. Envelope containing used and counted ballots

2. Minutes of Voting and Counting

There should be two copies of the Minutes of Voting and Counting. Only one should be placed in the ballot box. The other copy is to be submitted by the BEI to the election officer.

3. Election Returns

Only one copy should be placed in the ballot box, particularly in its compartment for valid ballots. The other copies are to be distributed among the dominant majority party, and the rest should be submitted by the BEI to the Election Officer.

4. Tally Sheet

5. Stubs of used pads of official ballots (already placed earlier)

6. Envelope containing the other half of the torn ballots, marked ballots, spoiled ballots, and excess ballots

The should see to it that what are inside the ballot box are only those that are suppose to be placed inside it. Remember that once that ballot box is closed, locked, and sealed, it can no longer be opened unless there is written permission from the Comelec.

Ensure that once the ballot box is closed, this is sealed with plastic seals and locked with three padlocks, and that the keys to the three padlocks are placed securely in the envelopes for them.

After termination of the BEI Proceedings

After the termination of the BEI proceedings, the watcher should ensure that all the documents useful to the legal counsel and the canvassing watchers during the canvass are delivered promptly to the Record Team of the canvassing center. These are the Certificate of Votes, the inventory sheet, certificate of challenges and protests, and copies of the resolutions of the BEI. A folder for these documents is provided in the pollwatching kit.

During the Canvassing of Votes

Before the start of the canvassing of votes, the record team designated by the records and documentation committee should already be at the canvassing center to receive and file in a systematic and organized manner the documents that will be submitted by the watchers or their barangay coordinators.

The Record Team shall have a filing system that would facilitate the immediate availability of the appropriate documents as soon as the election returns from each precinct are called for canvass.

Canvassing Committee

The records tem should take note that the board of canvassers may constitute such number of canvassing committees as may be necessary to complete the canvass within the prescribes period. This means that the election returns from several precincts may be canvassed simultaneously. It is thus necessary that the records team devise an efficient system of quickly making the needed documents available to the watchers assigned to each committee as soon as the returns are called for canvass.

Importance of Documents During the Canvassing

The immediate availability of such documents as the certificate of Votes, the Inventory Sheet, the certificates of challenge and protest, and the resolution of the BEI is vital to the legal counsel and watchers during the canvassing of votes. The inventory sheet will be the watcher’s reference as to serial numbers of the election returns, the plastic seals, the minutes of voting and counting, the number of voters in the precinct, etc. the Certificate of Votes is also useful in determining if an entry in the election returns as the results in the precinct, etc. The Certificate of Votes is also useful in determining if entries in the election returns as to the results in the precinct have been tampered with.

All the successful efforts of the precinct watchers may be put to waste if the votes counted for the candidate in his precincts are not guarded during the canvassing of votes. Note that it is during the canvassing where wholesale cheating, such as dagdag-bawas, is perpetrated. If the watchers and the legal counsel are not armed with the pertinent documents that they can use as bases for verifying the veracity of the entries in the election returns being canvassed and the authenticity of the forms submitted to the Board of Canvassers, they might be unable detect fraud and irregularities. Consequently they may fail to seek the proper legal remedies available at the earliest opportunity.