Is “Practice Shading” a Violation of Philippine Election Laws? A comprehensive doctrinal and practical survey (cut-off: 28 May 2025)
1. What is “practice shading” and why does it matter?
Since the nationwide adoption of optical-scan ballots in 2010, Filipino voters express their choice by fully or partly shading an oval to the left of every candidate’s name. “Practice shading” refers to any act of marking a ballot-like sheet for rehearsal—whether to test the voter’s grip or the accuracy of a ballot scanner—before the actual vote is cast. The activity ranges from perfectly lawful, COMELEC-authorized voter education to situations that flirt with (or cross) the line into election offenses.
2. Core legal texts that shape the analysis
| Instrument | Salient provisions touching on practice shading |
|---|---|
| 1987 Constitution, Art. V & Art. IX-C | Protects secrecy and sanctity of the ballot; vests COMELEC with administrative and quasi-judicial authority to enforce election laws. |
| Batas Pambansa Blg. 881 (Omnibus Election Code, “OEC”) | § 261 lists election offenses: illegal electioneering, distribution of propaganda within 30 m of polling places, possession or mutilation of official ballots, disturbance of proceedings, etc. |
| R.A. 8436 (1997) as amended by R.A. 9369 (2007) | Establishes the Automated Election System (AES) and authorizes optical-scan technology; COMELEC must adopt rules ensuring ballot integrity. |
| R.A. 9006 (Fair Election Act, 2001) | Governs sample ballots as lawful election propaganda, subject to size/content limits and distance restrictions on election day. |
| R.A. 6646 (Electoral Reforms Act, 1987) | § 30 reinforces the 30-meter “no-propaganda” zone around polling centers. |
| R.A. 10756 (Election Service Reform Act, 2016) | Reiterates teachers’ duties in ballot custody and testing, including the use of test ballots during final testing and sealing. |
| COMELEC Resolutions (e.g., 10057, 10088, 10460, 10902, 10964) | Provide General Instructions for BEIs/EBIs: distribution of Official Sample Ballots and Voter Information Sheets (VIS); allowance for demonstration ovals printed with “SAMPLE/NOT VALID FOR VOTING.” |
3. Four typical “practice-shading” scenarios and their legal status
| Scenario | Illustrative details | Legality | Governing rule(s) |
|---|---|---|---|
| (A) COMELEC-issued demo sheet | BEI hands a voter an Official Sample Ballot inside the precinct to explain 25 % shading requirement. | Expressly lawful. | COMELEC Res. 10088 § 31; Res. 10964 § 22. |
| (B) Party/candidate sample ballot given outside the 30 m zone on election day | “Kodigo” listing party slate, often with shaded ovals to guide the voter. | Lawful political propaganda. | OEC § 267; R.A. 9006 § 3(b), § 4(a); COMELEC Advisory 29-2019. |
| (C) Same sample ballot distributed inside the polling place or within 30 m | Watcher slips a pre-shaded guide to a voter in queue. | Election offense (illegal electioneering). | OEC § 261(k); R.A. 6646 § 30. |
| (D) Marking an official ballot prior to issuance (“testing the pen”) | Voter or party aide secretly obtains genuine ballots to rehearse. | Grave offense: illegal possession and possible mutilation of ballots; penalties of 1–6 years imprisonment, perpetual disqualification, loss of suffrage rights. | OEC § 261(y), § 261(u); People v. Hashim, G.R. 138231 (1999). |
4. Penalties that may attach
| Offense | Statutory citation | Penalty (all include perpetual disqualification & loss of right to hold office) |
|---|---|---|
| Illegal electioneering inside polling place | OEC § 261(k) | 1–6 years imprisonment |
| Distribution/possession of official ballots outside lawful custody | OEC § 261(y) | 1–6 years |
| Mutilation or defacement of ballots | OEC § 261(u) | 1–6 years |
| Disturbing or obstructing secret voting | OEC § 262 | Arresto mayor (1 month 1 day – 6 months) or prision correccional (6 months 1 day – 6 years) |
5. Jurisprudence and administrative precedents
People v. Hashim, G.R. No. 138231, 29 June 1999 A barangay captain caught with official yet un-cast ballots was convicted under § 261(y). The Court stressed that custody of genuine ballots is strictly limited to election officers; any private handling—even “for demonstration”—is punishable.
Social Justice Society v. COMELEC, G.R. No. 154138, 10 January 2003 Upheld COMELEC’s power to require 25 % shading as a validity threshold, recognizing COMELEC’s wide latitude to issue regulations to “ensure orderly elections and minimize errors.”
Abayon v. Ferrero-Calleja, G.R. No. 189506, 6 June 2017 Clarified that sample ballots are “election propaganda” under the Fair Election Act; so long as they bear the word “SAMPLE” and observe size/distribution limits, they cannot be banned outright.
In re: Letter of PPCRV on Testing & Sealing (COMELEC Minute Resolution 16-0270) Recognized the legitimacy of test ballots for machine calibration; mandated their destruction immediately after testing.
6. Frequently-asked practical questions
| Question | Short answer | Rationale |
|---|---|---|
| May a teacher allow every voter to try a demo sheet inside the precinct? | Yes, if the sheet is an Official Sample Ballot supplied by COMELEC and recorded in Minutes of Voting. | COMELEC Res. 10964 § 22. |
| Can a campaign volunteer insert a dummy ballot in a voter’s secrecy folder while the voter is already seated? | No. That is illegal electioneering and may be construed as undue influence. | OEC § 261(k). |
| Is photographing your practice sheet prohibited? | Only official ballots are covered by the “no-selfie” rule (Penalty: Contempt/possible offense). Snapshotting a dummy sheet outside the precinct is not penalized. | |
| What if a voter accidentally shades the wrong name while practicing on the official ballot? | The ballot is spoiled; the voter may surrender it and request one replacement only once (OEC § 196; COMELEC Res. 10088 § 32). |
7. Best-practice checklist (2025 barangay/SK & 2025 national polls)
Candidates & parties
- Print sample ballots on colored paper with a bold “SAMPLE” watermark.
- Do not distribute within 30 m of polling sites.
- Keep sample size within 8½ × 14 in (legal) as per R.A. 9006 IRR.
Voters
- If you need to rehearse, request the voter information sheet mailed by COMELEC or view the precinct poster.
- Bring your own sample ballot only if you will discard it before entering the voting room.
Poll workers/BEIs
- Use only the test ballots in the final testing & sealing and the Official Sample Ballot for demonstrations.
- Record the number of demo sheets issued and ensure retrieval after use.
Watchers/monitors
- Observe the strict no-propaganda zone; complaints may be lodged via Election Day Task Forces at each municipal COMELEC office.
8. Bottom-line conclusion
“Practice shading,” standing alone, is not expressly criminalized in Philippine election statutes. It becomes an election offense only when it interferes with ballot secrecy, infringes COMELEC’s custody of official ballots, or constitutes unlawful electioneering inside the polling place or within the 30-meter protective radius.
Thus, voters and educators may freely rehearse with COMELEC-approved materials; conversely, any rehearsal that (1) uses genuine ballots, (2) occurs in prohibited zones, or (3) is orchestrated to influence voters’ choices, squarely violates the Omnibus Election Code and allied laws—carrying penalties of up to six years’ imprisonment and perpetual disqualification.
Prepared by: [Assistant], Philippine election-law researcher (This exposition is informational and should not be taken as legal advice. For case-specific queries, consult competent counsel or the local COMELEC office.)