Assisted Voting Rules for Illiterate Voters in the Philippines A Comprehensive Legal Article

1. Introduction

The right of suffrage is enshrined in Article V of the 1987 Constitution. Because that right must be meaningful rather than merely formal, Philippine election law has long provided special accommodations for voters who, through illiteracy, cannot fill out the ballot on their own. These accommodations—collectively known as “assisted voting”—aim to balance access with two counter-values: the secrecy of the ballot and the integrity of the vote. Below is an exhaustive survey of every primary and secondary legal source governing assisted voting for illiterate Filipinos, current as of 10 June 2025. (This article is informational; it is not a substitute for professional legal advice.)

2. Core Legal Sources

Instrument	Key Section(s) on Illiterate Voters	Highlights
Omnibus Election Code (OEC), Batas Pambansa Blg. 881 (1985)	§§ 196–197, 200	Foundational rules on who may assist, oath of secrecy, notation in the Minutes, penalties.
Republic Act 10366 (2013)	§§ 3–4; Implementing Rules & Regs (COMELEC Res. No. 9485)**	Declares persons with disabilities (PWDs) and illiterate persons as “qualified to be assisted”; creates Accessible Polling Places (APPs) & Emergency APPs (EAPPs).
COMELEC Resolutions (chronological)	Res. No. 8811 (2010), 9485 (2013), 9899 (2014), 10108 (2016), 10486 (2019), 10743 (2022), 10901 (2024)	Update operational caps (how many voters one person may assist), clarify forms, integrate Vote Counting Machines (VCMs).
Republic Act 11649 (2022)	Entire Act	Institutionalizes continuous voter registration with accessible procedures for PWDs & illiterates.
Relevant Supreme Court rulings	People v. Daan (G.R. L-372 59, 1975); Sunga v. COMELEC (G.R. No. 162 835, 2010)	Uphold conviction for violating secrecy when assisting; affirm broad COMELEC power to craft accessibility rules.

3. Who Qualifies as an “Illiterate Voter”?

The OEC does not define the term, but COMELEC practice (mirroring the National Statistics Office usage) treats an illiterate voter as one unable to read or write in any Philippine language or English well enough to accomplish the ballot unaided. Voters who can affix a thumbmark but cannot read the printed candidate list fall within this class.

4. The Right to Assistance

4.1 Constitutional Predicate

Equal Protection: Denial of reasonable accommodation would amount to an invidious classification.
Secrecy of the Ballot: The presence of a third person is an exception strictly construed.

4.2 Statutory Right

OEC § 196: Illiterate voters “shall be assisted” on request.
RA 10366 § 3: Reinforces the mandate and directs COMELEC to ensure that illiterate voters “shall be able to vote in a manner that ensures privacy and secrecy … as practicable.”

5. Who May Assist? (Hierarchy, Capacity, and Caps)

Order of Preference	Relationship	Notes
1	A relative by consanguinity or affinity within the 4th civil degree (e.g., parent, spouse, sibling, first cousin, great-grandparent)	Must be at least 18 years old and not a candidate nor an agent of any candidate/party.
2	Any member of the Electoral Board (EB) (formerly Board of Election Inspectors)	Chairperson administers the voter’s oath; polling clerk usually fills out the ballot.
3	Any accredited assistor from a Registered Civil Society or Citizen’s Arm (e.g., PPCRV, NAMFREL)	Must carry COMELEC accreditation ID and take an oath.

Capacity limits under the latest COMELEC Resolution No. 10901 (2024):

A person may assist up to three (3) voters in a given precinct, except a close relative who may assist an unlimited number of family members, provided each is within the 4th degree.
Candidate, watcher, or party representative: absolutely barred from acting as assistor.

6. The Procedure, Step-by-Step

Expression of Need – The voter verbally states to the EB Chairperson that he or she is illiterate and needs assistance.
Screening & Oath of Assistor – The EB confirms relationship/accreditation, records it in the Minutes (Form EBD-CM No. 1), and administers the Assistor’s Oath under § 196:

“I, _____, solemnly swear that I shall keep secret the vote of _____ and shall fill out the ballot strictly in accordance with the instructions given…”
Marking the Ballot – Inside the voting area but not in the secrecy folder, the assistor shades the ovals or writes the candidate names exactly as dictated.
Insertion into VCM – Either the voter (if able) or the assistor inserts the ballot. The screen confirmation must be shown to the voter.
Affixing of Thumbmark – In lieu of signature in the EDCVL and voter’s receipt, the illiterate voter places a thumbmark (indelible ink optional post-2022).
Recording – EB notes the assistance in the Minutes, including name of assistor and the fact of taking the oath.

7. Safeguards and Penalties

Violation	Penal Provision	Penalty
Assistor divulging the vote, or not marking exactly as instructed	OEC § 200	Imprisonment: 1–6 years; perpetual disqualification from public office & suffrage; fine up to ₱6,000.
Assisting more voters than allowed, or as an ineligible person	COMELEC Res. sanctions & OEC § 231	Contempt powers of COMELEC; criminal prosecution under the OEC.
Coercion or undue influence over illiterate voter	OEC § 261(b)	Same penalties as vote-buying; treated as an “election offense.”

8. Special Polling-Place Accommodations

8.1 Accessible Polling Places (APPs)

Designated rooms on the ground floor of each voting center.
Furnished with specific lighting and magnifying devices for those who are both illiterate and visually impaired.

8.2 Emergency APPs (EAPPs)

Mobile setups (tents, classrooms) activated when regular precincts become inaccessible (e.g., adverse weather, sudden crowd surge).

8.3 Early Voting for Vulnerable Sectors

RA 10366 & Res. No. 10757 (2022) authorize early voting in local absentee precincts for illiterate senior citizens in areas under mobility restrictions.

9. Overseas Illiterate Voters

Under RA 9189 as amended by RA 10590 (2013), illiterate overseas Filipinos may be assisted by a relative or by a Philippine Foreign Service Officer if no relative is present. The same secrecy oath applies, and the name of the assistor is entered in the Manifest of Voters Who Used Assistance (Form OVF 11-A).

10. Jurisprudence Snapshot

People v. Daan (1975) – Conviction of a mayor who coerced illiterate voters to reveal their choices; Court underscored that the secrecy exception is limited to the lawful assistor only.
Sunga v. COMELEC (2010) – COMELEC’s power to reposition precincts for accessibility was sustained; facilitating assisted voting is within its administrative prerogative.

While there is no Supreme Court case to date striking down a COMELEC resolution on assisted voting, lower-court injunctions have periodically restrained local EB chairs from limiting the number of times a relative may assist. Such injunctions have been lifted on the rationale that the 4th-degree relative exemption in § 196 is mandatory, not discretionary.

11. Interaction with Automated Elections

Vote Counting Machines (VCMs) have replaced handwriting and therefore reduce—but do not eliminate—the literacy barrier, because the ballot still requires reading of printed candidate names.
COMELEC began piloting an Audio-Assist Module (earphones that read candidate names aloud) in 2022, but full deployment awaits budget approval.
Illiterate voters may request the EB to read aloud the contents of the ballot, but only within earshot of the voter and assistor, not other persons.

12. Best Practice Recommendations for Electoral Boards

Use Large-Print Ballot Guides.
Reiterate the Secrecy Oath Verbally before the assistor fills in anything.
Physically Stand to One Side, allowing the voter to see marking of choices.
Mark the Minutes Immediately—delays risk omission or later alteration.
Offer an Optional Demonstration Ballot in mock form to reduce election-day stress.

13. Emerging Policy Debates (2025 Outlook)

Universal Audio Ballots: Civil-society coalitions urge mandatory rollout to all precincts by 2028.
Mobile-App Assisted Voting: Bills in the 19th Congress propose a smartphone-based guidance app for illiterate voters, raising cybersecurity and vote-secrecy issues.
Lowering the Assist-Cap: Some lawmakers seek to reduce the “three-voter” assistor limit to one to curb organized influence over vulnerable communities, but COMELEC opposes on logistical grounds.

14. Conclusion

Assisted voting for illiterate citizens is a finely calibrated regime: it widens the franchise while preserving secrecy and integrity through stringent selection of assistors, mandatory oaths, detailed record-keeping, and stiff penalties. Successive statutes—most notably RA 10366—and an evolving body of COMELEC resolutions have modernized these safeguards for the age of automated elections. Stakeholders should remain alert, however, to ongoing policy discussions that may further refine the balance between accessibility and electoral purity in the years ahead.

Prepared: 10 June 2025, Manila, Philippines.