Appreciation of Ballot

- Recognizing the full worth or validity of the ballot as a whole.

- The object in the appreciation of ballots is to ascertain and carry into effect the
intention of the voter, if it can be determined with reasonable certainty.
Things to consider for the validity:
1. A ballot with appropriate security markings. Ex. UV ink and bar codes
2. The ballot reflects the intent of the voter.
3. The ballot is properly accomplished.
4. A voter personality prepared one (1) ballot except in the case of assistors;
and
5. The exercise of ones right to vote was voluntary and free.

2 candidates: Pedro Abad Santos and Juan Abad Santos = cannot be counted for
either candidates
One of them is an incumbent = counted in his favor
5. Where single word is 1st name of candidate and surname of his opponent.
What is written: Manuel Jose
Candidates: Manuel Regudo and Pedro Jose = cannot be counted for either
6. Idem Sonam
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 favor.
The question whether a name sounds the same as another is not one of spelling but
of pronunciation.

Sec. 211 (OEC) Rules on appreciation of ballots:

1. Where only first name or surname is written.
If there is no other candidate with the same first name or surname running for the
same office= VALID
2 or more candidates with the same first name or surname = NOT A VALID FOR
EITHER OF THE CANDIDATES.
In order that a vote may be counted, the voter should add the correct name,
surname, or middle initial that will identify the candidate for whom he is
voting.
2. Where only the 1st is surname of another, or where incumbents full name,
first name or surname is same as another.
1st part: What is written in the ballot: First name only + sound similar to the surname of
another candidate= counted in favor of the candidate whose surname corresponds to
the word

2nd part: 2 candidates, one of whom is an incumbent or reelectionist whose full name,
first name or surname is the same of the other candidate/s = counted in favor of the
incumbent candidate
3. Where candidate is a woman using her maiden or married surname or both
which is same surname of incumbent.
What is written: Surname only
If there is an incumbent candidate = counted in favor of the incumbent
None of the candidates is an incumbent = cannot be counted
What is written: Maiden surname
Another candidate bears the same surname = counted in favor of her

Ex. The voter intended to write "Vidal" but, due to poor handwriting, only "Vida" was
legible
7. Repetition of names in 2 or more lines.
General rule: Repeating a name twice on the ballot, one in the correct space and the
other in the wrong space = Valid as the name written in the correct space shall be
counted. Ex. Mayor Juan Dy
Vice Mayor Juan Dy
Exception: Where there is an intention to identify the voter. The same should be
rejected as marked. Ex. Mayor Juan Dy
Vice Mayor Juan Dy
xxxxx
Councilor: Juan Dy
8. Repetition of names on same line or space.
General rule: Will not invalidate the ballot
Exemption: Where there is an intent to identify the ballot
9. Where name is erased and another one written
What is written: Ally Belly (erased) Belly Ally (clear) = counted in favor of Belly Ally
When the name is cancelled = cannot be counted as the cancellation indicates
desistance
When the name is cancelled and another was written = vote is valid for the latter
10. Erroneous Initial
What is written: K. Merimar; Candidate: Peri Merimer = VALID

4. When two or more words are surnames of 2 or more candidates.

What is written: Abad Santos

Where the initial and surname of one candidate appear on spaces for
different positions, the presumption is that the voter must have intended the
same individual, since identity of names necessarily connotes identity of

person, unless the contrary is satisfactorily established by competent

evidence.
The rule that the erroneous initial of the first name, which accompanies the
correct surname of a candidate does not nullify the vote does not apply
where the initial or initials and the surname written are those of another
candidate, although for another office.

11. Where name of non-candidate is same as first name or surname of

candidate.
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 latter.
12. Prefixes or suffixes.
Ballots which contains prefixes such as Sr., Mr., Datu, Don, Ginoo, Hon., Gob.,
or suffixes like Hijo, Jr., Segundo = VALID
When it is used as identifying marks; it shows a pattern or system to mark and
identify = INVALID
13. Use of nicknames and appellations.
What is written: Jinky Vidal, Candidate: Jinkiri Vidal = VALID, as long as the
candidate is known for such nickname.
What is written: Mr. Ross Poe, Candidate: Ross Poe = VALID
If the used of the nickname is used as means of identifying the voter = INVALID
14. Use of Descriptio Personae.
The writing of a word, which is merely description personae (a character
assumed) does not invalidate the ballot. Ex. Malaki Arada
15. Impertinent expressions; derogatory remarks
As a rule, it invalidates the ballot.
16. Other marked ballots, generally.
The rule is that no ballot should be discarded as marked unless its character as
such is unmistakable.

Inversion of names = Valid unless when is written in an inverted

position and the rest of the names are not. Vice versa.
Writing numbers = Renders ballot invalid except when the number is
not written by the voter himself
Use of block letters = does not necessarily make the ballot marked
absent any evidence aliunde to prove a design to identify the voter
Placing X mark = to the left of a name of candidate and another after
the sad name, in a ballot which is otherwise neat and filled with only
few names, indicates a clear intent to mark and hence invalid
Marks showing desistance = valid

Marking showing design or identification= invalid

Name written in extraordinarily big letters = Valid unless there is
showing that the impression of an intention is to mark or identify the
ballot

17. Use of initials only; initials to identify candidate

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 stray vote but shall not invalidate the whole ballot.
18. Correct name but wrong surname and vice versa.
If on the ballot is correctly written the first name of a candidate but with a
different name, or the surname of the candidate is correctly written but with
different 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 for
other candidates.
19. Use of different kinds of writing instruments.
Anny ballot written with crayon, lead pencil or ink, wholly or in part, shall be
valid unless it is intended to identify the ballot.
20. Candidates voted exceeded those to be elected.
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.
21. Name of candidate not in proper space.
Where the name of the candidate is not written in the proper space in the
ballot but is preceded by the name of the office for which he is a candidate,
the vote should be counted as valid for such candidate if the line/space for
the office is left vacant.
22. Neighborhood rule.
The rule states that a vote for candidate for a position written near the
line/space for such position which is left vacant is valid vote for such
candidate. Where the name of the candidate is written so far away from the
proper space for the position which he is a candidate, the rule does not
apply.
23. Vote for non-candidate or for candidate in wrong office.
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.
24. Name pasted on a ballot.

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.
25. Circles, crosses, lines.
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.
26. Commas, dots, flourishes, etc.
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.
27. Ballots filled by two or more person.
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.
28. Marks made after ballot was cast.

It is valid.
29. Vote in favor of disqualified candidate.
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.
30. Accidental tearing of ballot
It does not annul the ballot unless the same was deliberately done to
identify it.
31. Failure to remove detachable coupon.
It does not annul the ballot for reason that the duty to remove the
detachable coupon lies with the board of election inspectors.
32. Vote for President.
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 VicePresident who does not belong to such party.