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A. Casting of Votes Methods of Voting: Punzalan Vs Comelec 289 SCRA 702

The document discusses the methods of voting in the Philippines including requirements for absentee and overseas voting, procedures for spoiled ballots, ballot secrecy, and grounds for challenging voters. It then summarizes the Supreme Court case of Punzalan vs Comelec where the court ruled that ballots without the signature of the Board of Election Inspectors chairman on the back are still valid ballots, as the failure of the BEI chairman to sign does not invalidate the votes but may constitute an election offense against the chairman. The court found that not signing ballots should not disenfranchise voters and frustrate the will of the people.

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46 views

A. Casting of Votes Methods of Voting: Punzalan Vs Comelec 289 SCRA 702

The document discusses the methods of voting in the Philippines including requirements for absentee and overseas voting, procedures for spoiled ballots, ballot secrecy, and grounds for challenging voters. It then summarizes the Supreme Court case of Punzalan vs Comelec where the court ruled that ballots without the signature of the Board of Election Inspectors chairman on the back are still valid ballots, as the failure of the BEI chairman to sign does not invalidate the votes but may constitute an election offense against the chairman. The court found that not signing ballots should not disenfranchise voters and frustrate the will of the people.

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gokudera hayato
Copyright
© © All Rights Reserved
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Download as DOCX, PDF, TXT or read online on Scribd
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A.

CASTING OF VOTES


Methods of Voting

a) Voter must vote in person – personally deposits his ballots.

b) Voter must vote once only – if the voter has voted but in the wrong precinct, he has no right to vote again.

c) Voter need not vote the whole ticket

d) Absentee voting – applies to the elections of President, Vice-President, and Senators only and shall be allowed to
members of the AFP and PNP and other government officers and employees who are registered voters

 For Overseas Absentee Voters, they can vote for President, Vice- President, Senators and Party-list Representatives

Requirements:


1. Philippine citizen abroad


2. Not otherwise disqualified by law


3. at least 18 years of age on the day of the election

Spoiled Ballots

 All spoiled ballots (accidentally spoiled or defaced in such a way that it cannot lawfully be used) shall be folded and
surrendered to the Chairman who shall note in the corresponding space that it is spoiled.

 The voter shall then be entitled to another ballot, however, no voters shall change his ballot more than twice.

Ballot implies Secrecy 


 A legal voter will not be compelled to disclose for whom he voted, but, unless he has himself made the contents of his ballots
public at the time of voting it, third persons will not be permitted to testify as to its purport.

 This privilege is waivable 


Challenge of Illegal Voters

 Grounds for challenging the registration or identity of a voter:

o Not being registered

o Using another’s name

o Not suffering from existing disqualification 


 No voter shall be required to present his voter’s affidavit on election day unless his identity is challenged.

 While a legal voter cannot be compelled to state how he voted, and illegal voter may be compelled to disclose how he voted
except where it might incriminate him. 


Challenge based on certain Illegal Acts

 Grounds for challenging a voter:

a) Such voter has received or expects to receive, has paid, offered or promised to pay, has contributed, offered or promise
to contribute money or anything of value as a consideration for his vote.

b) Such voter has made or received a promise to influence the giving or withholding of any such voter

c) Such voter has made a bet or is interested directly or indirectly in a bet which depends upon the result of the election

 Admission of the challenged voter shall not be conclusive upon any court

PUNZALAN VS COMELEC

289 SCRA 702


FACTS: Danilo Manalastas, Ferdinand Meneses and Ernesto Punzalan were among the four (4) candidates for mayor of the municipality of
Mexico, Pampanga during the May 8, 1995 elections. On May 24, 1995, the Municipal Board of Canvassers (MBC) proclaimed Ferdinand
Meneses as the duly elected mayor. Danilo Manalastas and Ernesto Punzalan filed an election protest before the Regional Trial Court of San
Fernando, Pampanga. After hearing the election protests, the trial court rendered judgment on September 23, 1996 declaring Punzalan as the
duly elected mayor. Thereafter, Meneses filed a notice of appeal from the aforesaid decision On December 8, 1997, the COMELEC promulgated
a resolution setting aside the trial court’s decision and affirming the proclamation of Meneses by the MBC as the duly elected mayor of Mexico,
Pampanga. Punzalan filed a motion for reconsideration of the aforesaid resolution. Punzalan maintains that the COMELEC acted with grave
abuse of discretion in declaring as valid the ballots credited to Meneses which did not bear the signature of the BEI chairman at the back
thereof, invoking the ruling of the Supreme Court in Bautista v. Castro wherein it was held that the absence of the signature of the BEI chairman
in the ballot given to a voter as required by law and the rules as proof of the authenticity of said ballot is fatal.

ISSUE: Whether or not the ballots without the BEI Chairman’s signature are valid.

RULING: A ballot without BEI chairman’s signature at the back is valid. While Section 24 11 of Republic Act No. 7166, otherwise known as “An
Act Providing For Synchronized National and Local Elections and For Electoral Reforms,” requires the BEI chairman to affix his signature at the
back of the ballot, the mere failure to do so does not invalidate the same although it may constitute an election offense imputable to said BEI
chairman. Nowhere in said provision does it state that the votes contained therein shall be nullified. It is a well-settled rule that the failure of
the BEI chairman or any of the members of the board to comply with their mandated administrative responsibility, i.e., signing, authenticating
and thumb marking of ballots, should not penalize the voter with disenfranchisement, thereby frustrating the will of the people.

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