Article 29p. 29

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

correct first name of a candidate, or the erroneous middle

initial of the candidate shall not annul the vote in favor of

the latter.

11. 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.

12. Ballots which contain prefixes such as "Sr.", "Mr.",

"Datu", "Don", "Ginoo", "Hon.", "Gob." or suffixes like "Hijo",

"Jr.", "Segundo", are valid.

13. 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.

14. 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.

15. 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 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.

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

ink, wholly or in part, shall be valid.

17. Where there are two or more candidates 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.

18. 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 spaces

provided for said office in the ballot until the authorized

number is covered.

19. 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.

20.

Ballots

containing the name of a candidate

printed and pasted on a blank space of the ballot or

affixed

thereto through any mechanical process are

totally null and void.

21. Circles, crosses or lines put on the spaces on which

the voter has not voted shall be considered as signs to

indicate

his

desistance

from

voting

and

shall

not

invalidate the ballot.

22. 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 of 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.

23. 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.

24. Any vote cast in favor of a candidate who has been

disqualified by final judgment shall be considered as

stray and shall not be counted but it shall not invalidate

the ballot.

25. Ballots wholly written in Arabic in localities where

it is of general use are valid. To read them, the board of

election inspectors may employ an interpreter who shall

take an oath that he shall read the votes correctly.

26. The accidental tearing or perforation of a ballot

does not annul it.

27. Failure to remove the detachable coupon from a

ballot does not annul such ballot.

28. A vote for the President shall also be a vote for the

Vice-President

running

under

the

same

ticket of a

political party, unless the voter votes for a Vice-President

who does not belong to such party.

Section 212. Election returns. — The board of election

inspectors

shall

prepare

the

election

returns

simultaneously with the counting of votes in the polling

places as prescribe in Section 210 hereof. The recording of

vote shall be made as prescribed in said section. The

entry of votes in words and figures for each candidate

shall be closed with the signature and the clear imprint of

the thumbmark of the right hand of all the members,

likewise

to

be

affixed

in

full

view

of

the

public,

immediately after the last vote recorded or immediately

after the name of the candidate who did not receive any

vote.

The returns shall also show the date of the election,

the

polling

place,

the

barangay

and

the

city

or

municipality in which it was held, the total number of

ballots found in the compartment for valid ballots, the

total

number

of

valid

ballots

withdrawn

from

the

compartment

for

spoiled ballots because they were

erroneously placed therein, the total number of excess

ballots, the total number of marked or void ballots, and

the total numbers of votes obtained by each candidate,

writing out the said number in words and figures and, at

the end thereof, the board of election inspectors shall

certify that the contents are correct. The returns shall be

accomplished in a single sheet of paper, but if this is not

possible, additional sheets may be used which shall be

prepared in the same manner as the first sheet and

likewise certified by the board of election inspectors.

The commission shall take steps so that the entries

on the first copy of the election returns are clearly

reproduced on the second, third, fourth, fifth, sixth copies

thereof, and for the purpose this Commission shall use a

special kind of paper.

Immediately

upon

the

accomplishment

of

the

election return for national position, the poll clerk shall

announce the posting of the second copy of the election

return

on a wall with sufficient lighting within the

premises of the polling place or counting center. He shall

then proceed to do the same in the presence of the other

members of the Board, the watchers and those present in

the polling place or counting center. Without delay and,

when feasible, he shall secure an image of the election

return

using

a

secured

data

capturing

device

and

immediately thereafter, while in the premises of the

polling place or counting center, directly print thirty (30)

copies of the election return. Once the prints have been

produced, the poll clerk shall call the other members of

the board to authenticate each print copy by closely

comparing the same with the election return posted on

the wall in the presence of the watchers and within view

of the public. If the Board finds each print a faithful

reproduction of the election return, all members thereof

shall annotate and sign a certification to that effect on

the bottom front of the print.

Each certified printed copy shall be placed in an

envelope and distributed as herein provided. Designated

recipients of the certified print copies may receive their

copies at the polling place or counting center.

Immediately

upon

the

accomplishment

of

the

election returns for local position, the second copy of the

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