BY ATTY. JULIUS GREGORY B. DELGADO
POINTERS DURING VOTING UNDER GENERAL INSTRUCTIONS – PART II
COMELEC Resolution No. 11076 (General Instructions for the Electoral Boards on the Process of Voting, Counting, & Transmission of Election Results for the 12 May 2025 National, Local, & Bangsamoro Parliamentary Elections) also provides for grounds to challenge any voter, to wit: (a) being not registered; (b) using the name of another voter; or (c) having an existing disqualification. The Guidelines provides that in such cases, the EB shall determine the truthfulness of the ground for the challenge by requiring proof of registration, identity, or qualification. In case the identity of the voter is challenged, the EB shall identify the voter’s specimen signature and photo in the EDCVL. In the absence of any of the above-mentioned proof of identity, any member of the EB may identify under oath a voter personally known to the former, which act of identification shall be recorded in the Minutes. The EB shall record in the Minutes all challenges and oaths taken, and its decision in each case.
The General Instructions also provides for mechanism for any person who wants to cast his/her vote to be challenged by any voter or watcher on the following grounds: (a) received or expects to receive, paid, offered, or promised to pay, contributed, offered or promised to contribute money or anything of value as consideration for his/her vote or for the vote of another; (b) made or received a promise to influence the giving or withholding of any such vote; or (c) made a bet or is interested directly or indirectly in a bet that depends upon the results of the election. In such cases, the challenged voter may take an oath before the EB that said voter has not committed any of the acts alleged in the challenge. Upon taking such oath, the challenge shall be dismissed, and the voter shall be allowed to vote. In case the voter refuses to take such oath, the challenge shall be sustained, and the voter shall not be allowed to vote.
During voting, voters shall vote in the order of their arrival in the polling place. The General Instructions prohibits giving numbers to the voters to determine their sequence of voting is strictly prohibited. No watcher shall enter the place reserved for the voters and the EB, or mingle and talk with the voters. No person carrying any firearm or any other deadly weapon, except jail, prison escorts and those expressly authorized by the Commission, shall enter the polling place. The jail/prison escorts may bring firearms inside the polling place to secure the person deprived of liberty or PDL inside the polling place to secure the PDL voter who will vote in the polling place and said escorts and PDLs shall immediately leave the polling place once the latter have finished voting). There shall be no crowding of voters and disorderly behavior inside the polling place. There shall be a maximum of twenty (20) voters at any given time, depending on the area of the polling place, with seats reserved for Senior Citizens, Persons with Disabilities, and Pregnant voters.
The General Instructions also provides for the prohibition of the following persons to enter the polling place or stay within the radius within fifty (50) meters from the polling place, except to vote: (a) any officer of the AFP or the PNP; (b) any peace officer or any armed person belonging to any extra-legal police agency, special forces, reaction forces, strike forces, Civilian Armed Force Geographical Units (CAFGUs), barangay tanods, or other similar para-military forces, including security guards, and special policemen; or (c) all other kinds of armed or unarmed extra-legal police forces. However, if it deems necessary, the EB, by a majority vote, order in writing the detail of policemen or peace officers for its protection or for the protection of the documents and paraphernalia. In which case, the said policemen or peace officers shall stay outside the polling place within a radius of thirty (30) meters near enough to be easily called by the EB at any time, but never at the door, and in no case shall the said policemen or peace officer hold any conversation with any voter and disturb, prevent, or in any manner obstruct the free access of the voters to the polling place. Such order shall be recorded in the Minutes.
Lastly, the General Instructions provides for the following prohibitions during voting: (a) bring the ballot, ballot secrecy folder, VVPAT, or marking pen outside of the polling place except in the case of voting in a PPP (Priority Polling Place); (b) speak with anyone other than the members of the EB or the assistor, if applicable, while inside the polling place; (c) prepare the ballot without using the ballot secrecy folder, or to exhibit its contents; (d) fill out the ballot accompanied by another, except in the case of voting by assistor pursuant to Section 36 of this Resolution; (e) erase any printing from the ballot, or put any distinguishing mark on the ballot; (f) use image-capturing devices such as but not limited to digital cameras, cellular phones with camera, or other means to copy the contents of the ballot, or otherwise make use of any other scheme to identify his/her vote; (g) intentionally tear or deface the ballot; or (h) disrupt or attempt to disrupt the normal operations of the ACM.