Dear Atty. Gab,

Musta Atty? My name is Rafael Aquino, and I’m writing to you because I’m in a bit of a bind regarding our recent barangay elections. I ran for Barangay Kagawad and was initially announced as one of the winners. However, after the announcement, the Board of Election Tellers claimed there was a mistake in counting the votes in one of the precincts. They said there was a discrepancy between the tally marks and the written numbers on the election return, and because of this, they want to change the results and remove me from the list of winners.

I’m really confused because the announcement was already made, and I thought the results were final. Can they really change the outcome after everyone has been proclaimed? It seems unfair that a simple mistake could cost me my position, especially since I campaigned so hard. What are my rights in this situation? Is there anything I can do to protect my victory?

I would be very grateful if you could provide some legal guidance on this matter. Thank you in advance for your time and expertise.

Sincerely,
Rafael Aquino

Dear Rafael,

Musta! I understand your concern about the potential change in the barangay election results after the announcement. It’s crucial to know that alterations to election returns can be made under specific circumstances, especially if an error is discovered. The law provides a process for correcting these errors, but it also sets limits to protect the integrity of the election process. So, let’s break down the legal principles at play here.

Correcting Errors in Election Returns: What You Need to Know

In the Philippines, the law recognizes that errors can occur during the election process, specifically in the preparation of election returns. An election return is a document prepared by the Board of Election Tellers (BET) that shows the number of votes each candidate received in a particular precinct. When a discrepancy arises between the tally marks (taras) and the written figures in an election return, it can lead to questions about the accuracy of the election results. As such, there are provisions for addressing such issues.

The Omnibus Election Code and related COMELEC resolutions outline the procedure for correcting or altering election returns. The general rule is that after the announcement of election results, the BET cannot make any changes to the election returns unless ordered by the Commission on Elections (COMELEC). This is to prevent fraud and maintain the sanctity of the electoral process. After results are announced, any correction or change to the document requires the poll body’s authority.

The legal framework recognizes that mistakes can happen, and there are remedies to ensure the correct results are reflected. However, these remedies are subject to strict conditions and procedures to maintain the integrity of the elections.

SECTION 216. Alterations and corrections in the election returns. — Any correction or alteration made in the election returns by the board of election inspectors before the announcement of the results of the election in the polling place shall be duly initialed by all the members thereof.

This section emphasizes that any alterations made before the announcement must be properly initialed by all members of the BET. This ensures that all corrections are made with the knowledge and consent of the board members, adding a layer of accountability and transparency.

After the announcement of the results of the election in the polling place has been made, the board of election inspectors shall not make any alteration or amendment in any of the copies of the election returns, unless so ordered by the Commission upon petition of the members of the board of election inspectors within five days from the date of the election or twenty-four hours from the time a copy of the election returns concerned is opened by the board of canvassers, whichever is earlier.

This part specifies that after the announcement, any alteration requires an order from the COMELEC, petitioned by the BET members within a limited timeframe. This ensures that corrections are made under the supervision of the COMELEC, reducing the possibility of manipulation or fraud. The immediacy requirement ensures prompt action and prevents prolonged uncertainty.

If the petition is by all members of the board of election inspectors and the results of the election would not be affected by said correction and none of the candidates affected objects thereto, the Commission, upon being satisfied of the veracity of the petition and of the error alleged therein, shall order the board of election inspectors to make the proper correction on the election returns.

When all BET members agree on the correction, and it doesn’t significantly alter the results or face objections from affected candidates, the COMELEC can order the correction. This streamlines the process when there is consensus and minimal impact on the election outcome. This provision facilitates efficiency while preserving the integrity of the election returns.

However, if a candidate affected by said petition objects thereto, whether the petition is filed by all or only a majority of the members of the board of election inspectors and the results of the election would be affected by the correction sought to be made, the Commission shall proceed summarily to hear the petition. If it finds the petition meritorious and there are no evidence or signs indicating that the identity and integrity of the ballot box have been violated, the Commission shall order the opening of the ballot box.

In case of objections from a candidate, or if the correction significantly affects the election results, the COMELEC will conduct a hearing. If the COMELEC determines the petition is valid and the integrity of the ballot box is intact, they may order it to be opened for a recount. This provision balances the need for accurate election results with the importance of protecting the sanctity of the ballot box. The hearing ensures that all parties are heard, and the decision is based on a thorough review of the evidence.

Practical Advice for Your Situation

• Consult an Election Lawyer: Given the complexity of election laws, it’s crucial to consult with a lawyer specializing in election cases. They can provide specific advice based on your unique circumstances.
• Gather Evidence: Collect any evidence that supports your claim that the initial count was accurate or that the recount is being done improperly. This could include watcher’s notes or affidavits from people who observed the counting process.
• Monitor the Recount: If a recount is ordered, ensure that you or your representative is present to observe the process and raise objections if necessary. Make sure to document any irregularities.
• File a Formal Objection: If you believe the recount is flawed or that the BET’s claims are baseless, file a formal objection with the COMELEC. Provide all supporting evidence and legal arguments.
• Understand the Timeline: Be aware of the strict deadlines for filing protests and appeals. Missing these deadlines could jeopardize your chances of successfully challenging the decision.
• Prepare for a Legal Battle: Election disputes can be lengthy and complex, so be prepared for a legal battle. Having a qualified legal team is essential to navigate the process effectively.

Hope this helps!

Sincerely,
Atty. Gabriel Ablola

For more specific legal assistance related to your situation, please contact me through gaboogle.com or via email at connect@gaboogle.com.

Disclaimer: This correspondence is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please schedule a formal consultation.