Who Watches the Watchers

By James Jimenez

As much as teachers manning the Electoral Boards, watchers are fixtures in Philippine elections, contributing much to safeguarding the integrity of the process. The Commission on Elections’ General Instructions for the Electoral Boards on the Process of Voting, Counting, and Transmission of Election Results for the 12 May 2024 National and Local Elections and Bangsamoro Parliamentary Elections, in Sections 14, 15, and 16 lays out specific guidelines on the appointment, qualifications, rights, and duties of these watchers. As we barrel towards the start of the election period, now would be a good time to review those guidelines.

Appointment and Presence of Official Watchers

In general, the GI allows the naming of two watchers per polling place, working alternately – in shifts – to ensure continuous observation throughout the voting process. However, to prevent overcrowding and undue influence in polling places, candidates for Senator, Member of the Sangguniang Panlalawigan, Sangguniang Panlungsod, and Sangguniang Bayan, belonging to the same party or coalition are collectively entitled to only one watcher.

It is worth noting that candidates and political parties or coalitions aren’t the only ones entitled to watchers. Other organizations — including civic, religious, professional, and youth groups —are also allowed to appoint one watcher per polling place, for as long as they have received prior authorization from the COMELEC. Nevertheless, in the face of space constraints, preference is given to watchers from the COMELEC-designated dominant majority and dominant minority parties.

And of all the watchers allowed in the polling places, the watchers of citizen’s arms, which represent non-partisan interests in the voting process, are granted the privilege of positioning closest to the Election Board (EB).

Qualifications of Watchers

Section 15 of the GI, lays out strict qualifications for election watchers to maintain the credibility and integrity of their role. However, these criteria are so basic that local politicians often abuse the system of watchers by essentially appointing everyone they can as their “official watchers.” This practice, unfortunately, is not currently regulated by the COMELEC.

Officially, however, watchers must meet the following criteria in order to serve on election day: First and foremost, they must be registered voters in the city or municipality where they are assigned. They must possess good moral character, and be literate in Filipino, English, or at least in the local dialect. They must have no conviction for election-related offenses or any other crime by final judgment, and must be unrelated within the fourth civil degree to any member of the Election Board in the polling place where they are assigned.

It is also worth noting that the election management body has specified that barangay officials, their employees, and barangay tanods are disqualified from serving as watchers. This move aims to prevent conflicts of interest and, to a certain degree, minimize potential political influence at the grassroots level.

Rights and Responsibilities of Watchers

And finally, Section 16 of the GI essentially codifies the specific rights and responsibilities of, election watchers – all designed to boost the transparency of the elections, and to clarify lines of accountability all throughout the voting process.

Upon arrival at the polling place, for instance, watchers must immediately present their credentials – appointment papers, identification documents, and proof of their status as registered voters of the city or municipality – to the Chaiman of the Electoral Board. Signed by the candidate or his authorized representative, these documents establish that the legitimacy of the presence of these watchers at the polling place.

Once in the polling place, watchers are entitled to observe both the voting and the counting process that take place there. They are allowed to take down notes and, without needlessly disrupting the proceedings or compromising the secrecy of the voters’ ballots, to take photo and video documentation throughout the entire electoral process – including during the electronic transmission of results after the counting has been concluded, and at the Final Testing and Sealing of the Automated Counting Machines which actually takes place before voting has even started!

Should they witness irregularities or ant perceived violations, watchers have the right to file protests with the Electoral Board. In such a case, the EB is obliged to provide the protesting watchers with a certificate acknowledging both the filing of the protest and its resolution. This is an accountability measure that ensures grievances arising from procedural issues are fully documented and addressed.

Watchers representing the dominant majority and minority parties and citizen’s arms are entitled, if present, to sign and thumbmark the ACM-printed election returns (ERs). While not a condition sine qua non to the ultimate validity of the ER, this act serves as a final acknowledgment that the watchers have witnessed and verified the authenticity of the documented results.

And when the Electoral Board Chair publicly announces precinct results, watchers are permitted to position themselves nearby, to ensure that that the announcement is made clearly and without interference.

Prohibitions and Limitations on Watcher Conduct

It goes without saying that watchers must also accept certain prohibitions and limitations on what they can do while inside the polling place. Although they are granted significant privileges, they are ultimately subordinate to the overarching authority of the Electoral Board, and the Board’s mandate to prevent any disruption to the electoral process.

Watchers, therefore, are not allowed to speak to anyone in the polling place in a disruptive manner. This includes speaking to the EB, speaking to voters, and even speaking to fellow watchers in a manner that distracts from the voting process. In practice, this “disruptive” speech has included haranguing the EB, loudly telling voters where to go or what to do next, and – when speaking among themselves – gossiping and laughing out loud.

Watchers are also prohibited from taking pictures or shooting video while voters are shading their ballots or feeding them into the vote-counting machines. Not to put too fine a point on it, doing so – especially when it violates ballot secrecy by exposing the contents of the filled-out ballot – is an election offense, punishable by a fine and a jail term.

Who watches the watchers?

COMELEC’s guidelines and regulations on watchers collectively aim to maintain transparency and ensure public confidence in the electoral process. However, as anyone with any experience in elections will know, legitimate oversight can very easily transform into election interference, obstruction, and downright suppression.

Thus, we – as observers of democracy – must also take it upon ourselves to watch the watchers. The legal framework for election watchers may underscore the importance of oversight, but it also provides us with a standard for holding these watchers to account. Never forget – they may be watchers for the politicians, but we – the voters – are watchers for our democracy.