Election Law -- My experience in filing an Election Protest before the Board of Election Inspectors

It was the May 13, 2013 elections and I was the  lawyer assigned to a particular candidate in my community.    There was a specific precinct under my jurisdiction which really appeared to be disturbing because the Board of Election Inspectors (BEI) did not allow our designated poll watcher inside such precinct.  Being assertive of her rights, the designated poll watcher insisted that she be allowed inside the precinct since she has all the appointment papers by the Commission on Elections.  Despite presentation of the appointment papers by our poll watcher, the Chairman of the BEI  refused her inside the precinct.  Our next recourse was to file a protest before the Chairman of the BEI of such particular precinct.  I prepared the handwritten protest (since time is of the essence and since our logistics are not enough to computerize our written protest).  To my dismay, the Chairman of the BEI refused to accept the protest. 

Under the Omnibus Election Code of the Philippines, it is a basic right of a candidate running for public office to have a poll watcher for every precinct.  Likewise, it is also imperative under the Omnibus  Election Codeof the Philippines that the Board of Election Inspector enters into the minutes any protest that is filed under his jurisdiction and to issue the necessary resolution.

By his mere refusal to accept the protest from any candidate and to issue the corresponding resolution, was there a violation committed by the Board of Election Inspector?  The answer is YES.  Whenever a candidate is running for public office,  he should be given all the rights of guarding his votes and this includes the right to be allowed at least one watcher per precinct.  And if such right is violated, the recourse of the candidate is to file the corresponding protest before the Chairman of the BEI having jurisdiction over the same.  There is no gray area in this aspect as this is expressly provided under the Omnibus Election Code.

I am really surprised that there are teachers assigned as Board of Election Inspectors who do not know their responsibilities.  My mother (a public school teacher and a former BEI Chairman) would recall that whenever there are protests filed before her as Chairman of the BEI, she just accepts the protest, include such protest in the Minutes, and immediately issue the corresponding resolution.  My mother never felt insulted or hurt whenever protests would be filed before her.  She knew that it is her duty and obligation to provide all the benefits due to any candidate running for public office.

Whether you are a lawyer or a mere layman, you are still subjected to the principle that "Ignorance of the law excuses no one from compliance therewith."  This post is addressed to public school teachers who will be appointed as Board of Election Inspectors.  I implore you to be thorough in your responsibilities.