the requirements of that mode. But such requirements are construed as directory merely, the object
looked to being the preservation inviolate of the ballots. If this is established it would be manifestly
unjust to reject them merely because the precise mode of reaching it had not been followed.
So, too, when a substantial compliance with the provisions of the statute has been shown, the
burden of proof shifts to the contestee of establishing that, notwithstanding this compliance, the
ballots have in fact been tampered with, or that they have been exposed under such circumstances
that a violation of them might have taken place. But this proof is not made by a naked showing that it
was possible for one to have molested them. The law cannot guard against a mere possibility, and
no judgment of any of its courts is ever rendered upon one.
The probative value of the result of the return made by the board of inspectors is a question already
settled at various times by the courts of the United States. In the case of Oakes vs. Finlay, the
following doctrine was laid:
"The returns of an election board, when legally and properly authenticated, are not only conclusive
upon the board of canvassing officers, but are also prima facie evidence of the number of votes cast,
in a proceeding to contest the election; and the burden of proof is upon the person who assails the
correctness of these returns."
In the case of Stafford vs. Sheppard, the court said:
"Certificates of the result of an election, made by the commissioners at the precincts, are prima facie
evidence of the result of the election. The ballots, if identified as the same cast, are primary and
higher evidence; but, in order to continue the ballots as controlling evidence, it must appear that they
have been preserved in the manner and by the officers prescribed by the statute, and that, while in
such custody, they have not been changed or tampered with." (internal citations omitted) 25
We summarize the foregoing doctrines: (1) the ballots cannot be used to overturn the official count
as reflected in the election returns unless it is first shown affirmatively that the ballots have been
preserved with a care which precludes the opportunity of tampering and all suspicion of change,
abstraction or substitution; (2) the burden of proving that the integrity of the ballots has been
preserved in such a manner is on the protestant; (3) where a mode of preserving the ballots is
enjoined by law, proof must be made of such substantial compliance with the requirements of that
mode as would provide assurance that the ballots have been kept inviolate notwithstanding slight
deviations from the precise mode of achieving that end; (4) it is only when the protestant has shown
substantial compliance with the provisions of law on the preservation of ballots that the burden of
proving actual tampering or the likelihood thereof shifts to the protestee and (5) only if it appears to
the satisfaction of the court or Comelec that the integrity of the ballots has been preserved should it
adopt the result as shown by the recount and not as reflected in the election returns.
Our election laws are not lacking in provisions for the safekeeping and preservation of the ballots.
Among these are Sections 160, 217, 219 and 220 of the Omnibus Election Code 26 which provide:
SECTION 160. Ballot boxes. — (a) There shall be in each polling place on the day of the voting a
ballot box one side of which shall be transparent which shall be set in a manner visible to the voting
public containing two compartments, namely, the compartment for valid ballots which is indicated by
an interior cover painted white and the compartment for spoiled ballots which is indicated by an
interior cover painted red. The boxes shall be uniform throughout the Philippines and shall be solidly
constructed and shall be closed with three different locks as well as three numbered security locks
and such other safety devices as the Commission may prescribe in such a way that they can not be
opened except by means of three distinct keys and by destroying such safety devices.