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[G. R. No. 144197. December 13, 2000] In time, respondent appealed the trial courts decision to the
Comelec.[7] On February 1, 2000, the Comelec, Second Division [8],
promulgated a resolution declaring that the trial court committed serious
reversible errors in its appreciation of the contested ballots and invalidated
sixty-three (63) votes for petitioner and eight (8) votes for respondent. The final
WILLIAM P. ONG, petitioner, vs. COMMISSION ON ELECTIONS and
result of its examination of the ballots showed that respondent led by a margin
ISAGANI B. RIZON, respondents.
of four (4) votes, as follows:
DECISION
WILLIAM P. ONG - 4,409 votes
PARDO, J.:
ISAGANI B. RIZON - 4,413 votes[9]
The case before us is a petition for certiorari and prohibition with
preliminary injunction, temporary restraining order or status quo On February 7, 2000, petitioner moved for reconsideration of the above
ante order[1] assailing the resolution of the Commission on Elections resolution.[10]
(Comelec) en banc promulgated on August 15, 2000, reversing the decision
of the Regional Trial Court, Lanao del Norte, [2] declaring protestee (herein On August 15, 2000, the Comelec en banc[11] promulgated a resolution
petitioner) as the duly elected mayor of the municipality of Baroy, Lanao del affirming the Second Divisions resolution but reduced by one (1) vote the lead
Norte.[3] of respondent over petitioner. The final result showed that:
Comelec also correctly ruled that Exhibits Q, GGG, OO, PP and WW of The erasures in Exhibits YYY and JJJJ of Precinct 28A, 28A1 would not
Precinct 28A, 28A1 are valid votes for Ong. LIM, APEC and DAYO are names invalidate the ballot absent any showing that another person wrote the name
of candidates which were written on spaces where they should not be written of Ong after the erasure was made. In fact, the rules on appreciation of ballots
as they were not candidates for said position. For instance, APEC is a party provide that:
list candidate but was written on the space intended for senatorial
candidates. As such, the same shall be considered as stray vote but shall not When in a space in the ballot there appears a name of candidate that is
invalidate the whole ballot. erased and another clearly written, the vote is valid for the latter. [20]
Section 211 (19) of the Omnibus Election Code provides that: Incorrect spelling of a candidates name does not invalidate the ballot. The
Comelec was not correct when it ruled that Exhibit ZZZ of Precinct 28A, 28A1
19. Any vote in favor of a person who has not filed a certificate of candidacy was invalid considering that the voter "appeared to be literate." Even the most
or in favor of a candidate for an office for which he did not present himself literate person is bound to commit a mistake in spelling.
shall be considered as a stray vote but it shall not invalidate the whole
ballot. (Underlining supplied) Exhibit FFFF of Precinct 28A, 28A1 where X-MEN was written on the
space for party-list representative would not invalidate the whole ballot. The
Thus, the finding of the Comelec that these ballots are valid for Ong is word X-MEN invalidates the vote for the party list representative but the ballot
affirmed. itself is valid. Hence, the vote for Ong on the ballot must be credited in his
favor.
In the same manner, Exhibits R, S, T, V and X of Precinct 28A, 28A1 were
correctly held to be valid votes for Ong under the Neighborhood Rule since the The Comelec found no defect in Exhibits 1 to 11, 13 to 19, 21, 22, 23, 25,
space for mayor remained unaccomplished or not filled up. 26, 27, 29 and 31 to 37 of Precinct 8A and Exhibits 1, 2, 4 to 11, 13 to 26, 28
to 31 and 33 to 40 of Precinct 28A, 28A1. A careful examination of the ballots
However, the Court is constrained to reverse the Comelec finding that confirms the finding that they have no defects. Therefore, the finding is hereby
Exhibits Y and XX of Precinct 28A, 28A1 were valid for Ong. Considering that affirmed and the ballots are declared valid for Rizon.
there was no candidate for senator with the name PACETE or PACITE, such
writings served to identify the ballots.The ballots are, therefore, invalid for Ong. Contrary to the finding that Exhibits 12, 24 and 28 of Precinct 8A were
marked with the appearance of the letters D", "L", "R, a physical examination
of the same belies the finding. The same do not contain the letters "D", "L", "R" names of
and are without defect and should be adjudicated in favor of Rizon. senatorial
candidates
The same is true with Exhibit 20 of Precinct 8A. There is no sticker VFP Legarda,
pasted on the ballot. The same should be credited in favor of candidate Rizon. Cayetano and
Exhibit 30 of Precinct 8A, where the name LITO in big bold letters Barbers and
occupies all the spaces for councilor should be invalidated inasmuch as there before the
is evident intent to mark the ballot. name of Ong
does not
Exhibit 3 of Precinct 28A, 28A1 where TIRBOG is written on the space invalidate the
for governor is not a marked ballot. Absent any showing that the word/name ballot. It was
TIRBOG meant to identify the ballot or the voter, the ballot remains valid. The not used to
same can be said for Exhibits 27 and 32 of Precinct 28A, 28A1 where numbers identify the
were written after the names of some candidates and the word CRIS appears voter. VALID
on the first slot for senators, respectively. The voter obviously did not have the FOR ONG
intention to mark the ballot. These ballots should be counted in favor of
candidate Rizon. 3. Exhibits D, E, F, G, H, I, J, K
and L (9 ballots) 9*
Exhibit 12 of Precinct 28A, 28A1 with initial DLR on it is invalid. The initial
DLR serves no other purpose than to mark the ballot as it is unnecessary, Comelec finding that
impertinent and irrelevant. This is different from Exhibits "12", "24" and "28" of the ballots have no
P-8A. defect and thus valid
for Ong is
Hereunder is a summary of the findings. affirmed. VALID FOR
ONG
Prec. 8A SUMMARY OF F I N D I N G S ONG
4. Exhibits M, R, T, X, AA and EE (6
1. Exhibits A, C, N and OO (4 ballots) 4
ballots) Ballots which
Writings partly contain the three
in script and in letters 6
print do not
F.P.J. are not marked
invalidate the
ballots. VALID FOR
ballot. Printed
ONG
name NIKKI
was used to 5. Exhibits O and Q (2
emphasize the ballots)C
voters omelec
adulation for a finding that the ballots have no defect
senator with and thus (2)*
that valid for Ong is
name. VALID affirmed. VALID FOR
FOR ONG ONG
2. Exhibits B, P, Z, JJ and KK 6. Exhibits S and Y (2 ballots)Comelec (2)*
finding that the ballots
(5 ballots) 5
have no Defect and
Big J appearing thus valid for Ong is
before the
affirmed. VALID FOR (4 ballots)Words
ONG DOLLIN and DOLLINS
written on the first
7. Exhibits U, V, W, BB, CC and (6)* senatorial slot are
DD (6 ballots)Comelec irrelevant, unnecessary
finding that the ballots and impertinent words
have no defect and meant to identify the
thus valid for Ong is voters. Comelec finding
affirmed. VALID FOR that the same were
ONG invalid for Ong is
8. Exhibit FF(1 ballot)Comelec finding that the (-1)* affirmed. INVALID FOR
ballot was defective ONG
and thus invalid for 5. Exhibits E, F, G, H and I
Ong is (5 ballots) (5)*
affirmed. INVALID Comelec finding that the
FOR ONG ballots have no defect
9. Exhibit GG, HH, II, LL, MM and thus valid for Ong is
And NN (6)* affirmed. VALID FOR
(6 ballots) ONG
Comelec finding that 6. Exhibits J and XXX(2 ballots)The word (-2)*
the ballots have no GINA written on the
defect and thus valid senatorial slot is
for Ong is unnecessary, irrelevant
affirmed. VALID FOR and impertinent.
ONG
Comelec finding is affirmed. INVALID FOR
Prec.28A28A-1 SUMMARY OF F I N D I N G S ONG ONG
1. Exhibit A (1 ballot)Comelec finding that the (1)* 7. Exhibits K, U and FF(3 ballots)The words
ballot has no defect and EVA. SOSANG TORIS and
thus valid for Ong is SABANG BULAC served to
affirmed. VALID FOR identify the voter. Comelec
ONG finding that the ballots were
2. Exhibit B(1 ballot)The ballot is not a marked 1 marked is
ballot and not written by affirmed. INVALID FOR
two persons. VALID ONG
FOR ONG 8. Exhibits L, N, O and EEEE (4)*
3. Exhibits C and II(2 ballots)Comelec finding (-2)* (4 ballots)Comelec finding
that the ballots were that the ballots have no
marked ballots and defects and thus valid for
written by two persons is Ong is affirmed. VALID
affirmed. INVALID FOR FOR ONG
ONG 9. Exhibits M and W(2 ballots)Comelec finding (-2)*
4. Exhibits D, GG, HH and IIII (-4) that the ballots have defects
and thus invalid for Ong is
affirmed. INVALID FOR (4 ballots)The words LOS
ONG and LUZ written on different
slots marked the
10. Exhibit P(1 ballot)Comelec finding that the ballot (1)* ballots. Comelec finding that
has no defect is the ballots were marked is
affirmed. VALID FOR ONG. affirmed. INVALID FOR
11. Exhibits Q and GGG(2 ONG
ballots)Comel 18. Exhibit DD(1 ballot)Comelec finding that the
ec ballot (1)*
findingthat the word LIM written on the has no defect is affirmed. VALID FOR ONG
senatorial (2)* 19. Exhibits EE and TT(2 ballots) (-2)*
slot should be treated The name BONG written on
merely as a stray vote is the no. 1 space for senators
affirmed. VALID FOR ONG served to identify the
12. Exhibits R, S, T, V and X (5)* voters. Comelec finding that
(5 ballots)Applying the the ballots were marked is
Neighborhood Rule, affirmed. INVALID FOR
Comelec finding that the ONG
ballots were without 20. Exhibit FF(1 ballot)The words ELIN and two
defects is affirmed. VALID names of vice-presidential candidates
FOR ONG written on the (-2)*
13. Exhibits Y and XX(2 ballots)The words -2 senatorial slots marked the
PACITE and PACETE ballots. Comelec finding that
written on the first the ballots were marked is
senatorial slot are affirmed. INVALID FOR
markings that invalidated ONG
the ballot. Comelec finding 21. Exhibits KK and LL(2 ballots)Comelec (2)*
is reversed. INVALID FOR finding that the ballots have
ONG no defect is affirmed. VALID
14 Exhibit Z( 1 ballot)Comelec finding that the ballot (1)* FOR ONG
has no defect is affirmed. VALID FOR ONG 22. Exhibits JJ and SSSS(2 ballots)The name
15. Exhibits AA and AAAA(2 ballots)Comelec (-2)* ROSE on the first line intended for
finding that the ballots were senators (-2)*
defective is affirmed. marked the ballots. Comelec
INVALID FOR ONG finding is affirmed. INVALID
FOR ONG
16. Exhibit BB(1 ballot)Comelec finding that the (1)*
words None that I know on 24. Exhibit NN(1 ballot)The names of non-candidates (-
the space for party list did 1)*
not mark the ballot is written on the ballot marked the
affirmed. VALID FOR ONG ballot. Comelec
finding is affirmed. INVALID
17. Exhibits CC, MM, RR and NNN (-4)* FOR ONG
25. Exhibits OO and PP(2 ballots)The word APEC 33. Exhibits AAA AND BBB(2 ballots)Comelec (2)*
is a stray vote but does not invalidate the finding that the ballots
vote for (2)* have no defect is
Ong. Comelec finding is affirmed. VALID affirmed. VALID FOR
FOR ONG ONG
26. Exhibit QQ(1 ballot)Comelec finding that the (1)* 34. Exhibits CCC, DDD and PPP(3 ballots) (-3)*
ballot has no defect is affirmed. VALID FOR The word or name VIA is
ONG irrelevant, unnecessary
and impertinent. Comelec
27. Exhibit SS finding that the ballots
(1 ballot) (-1)* were marked is
Comelec finding that the affirmed. INVALID FOR
ballot is defective because of ONG
the name NORMAN which
was written twice on the 35. Exhibits EEE, HHH and III
same slot is (3 ballots) (3)*
affirmed. INVALID FOR Comelec finding that the
ONG ballots have no defect is
affirmed. VALID FOR
28. Exhibit UU 1 ONG
(1 ballot)The ballot is not
marked and not written by 36. Exhibits JJJ and SSS
two persons. VALID FOR (2 ballots)The letters RJ on the first slot
ONG for (2)*
senators did not render the
29. Exhibit VV(1 ballot)Comelec finding that the (1)* ballots as marked ballots.
ballot has no defect is affirmed. VALID FOR Comelec finding is
ONG affirmed. VALID FOR
30. Exhibit WW(1 ballot)Comelec finding that (1)* ONG
the name DAYO is a stray 37. Exhibits KKK and LLL(2 ballots)Comelec (2)*
vote is affirmed. VALID finding that the ballots are
FOR ONG not defective is
31. Exhibit YY(1 ballot)Comelec finding that the (1)* affirmed. VALID FOR
ballot has no defect is affirmed. VALID FOR ONG
ONG 38. Exhibit MMM(1 ballot)The statement (1)*
32. Exhibits ZZ and PPPP(2 ANG TINGOG NG
ballots)Comelec (-2)* BARANGAY written below
33. finding that the the name of Ong is merely
name RIC written after the an appellation of
name William Ong and affection. Comelec findings
after the name of is affirmed. VALID FOR
candidate Ruben Gayta ONG
marked the ballot is 39. Exhibit OOO(1 ballot)The repetition of the (1)*
affirmed. INVALID FOR
ONG
name of a candidate for defect is affirmed. VALID
councilor in the first four FOR
lines for senators does not
invalidate the ballot. ONG (1)*
Comelec findings is 46. Exhibit YYY(1 ballot)There is no
affirmed. VALID FOR ONG clear evidence that
40. Exhibit QQQ(1 ballot)Comelec finding that the another person wrote the
name of Ong. Erasures do
ballot has no defect is affirmed. VALID FOR not invalidate the
ONG (1)* ballot. VALID
FOR ONG 1
41. Exhibits RRR and TTTT(2
ballots)Under the rule of 47. Exhibit ZZZ(1 ballot)The name
IDEM SONANS, the name VECINTE was merely a
LORNA written on the wrong spelling which does
senatorial slot does not not
invalidate the invalidate the ballot. VALID FOR
ballots. Comelec finding is ONG 1
affirmed. VALID FOR
ONG (2)* 48. Exhibit BBBB(1 ballot)
Comelec finding that the
42. Exhibit TTT(1 ballot) ballot has no defect is
The word SENATORS affirmed. VALID FOR ONG (1)*
written on the first slot of
senator does not mark the 49. Exhibits CCCC, XXXX and YYYY (-3)*
ballot. VALID FOR (3 ballots)The writing
ONG (1) AMEN on the first slot for
senators is impertinent,
43. Exhibit UUU(1 ballot)The words or irrelevant and
names NOEL, ALONG unnecessary. Comelec
RARO, ENCARNACION finding is
JUP, NARDO HOYOHOY affirmed. INVALID FOR
AND LANE LARGO are ONG
impertinent, unnecessary
and irrelevant. Comelec 50. Exhibit DDDD(1 ballot)Comelec
finding is affirmed. INVALID finding that the ballot has
FOR ONG (-1)* no defect is
affirmed. VALID
44. Exhibit VVV(1 ballot)Comelec FOR ONG (1)*
finding that RECADO under
the rule IDEM SONANS 51. Exhibit FFFF(1 ballot)X-MEN written on 1
does not invalidate the vote the space for party list
is affirmed. VALID FOR representative does not
ONG (1)* invalidate the
ballot. VALID FOR ONG
45. Exhibit WWW(1 ballot)Comelec
finding that the ballot has no 52. Exhibits
GGGG and HHHH(2
ballots)Comelec finding 59. Exhibits RRRR and UUUU(2
that the ballots have no ballots)Comelec finding
defect is affirmed. VALID FOR that the ballots have no
ONG (2)* defect is affirmed. VALID FOR ONG (2)*
53. Exhibit JJJJ 60. Exhibit VVVV
(1 ballot) (1 ballot) (-1)*
Comelec finding that Comelec finding that the
erasures must not be names ALONG and
taken as identification is LOLOY TORRES" who
affirmed. VALID FOR were non-candidates
ONG (1)* marked the ballot is
affirmed. INVALID FOR
54. Exhibit KKKK(1 ballot)Comelec ONG
finding that the ballot
has no defect is 61. Exhibit WWWW(1 ballot)The name
affirmed. KRISin the senatorial does
VALID FOR ONG (1)* not mark the ballot. VALID
FOR ONG 1
55. Exhibit LLLL
(1 ballot) Number of votes to be credited to ONG = 22
Comelec finding that
the ballot was written by Number of votes to be deducted from ONG = 2
two persons is Prec.8A SUMMARY OF F I N D I N G S RIZON
affirmed. INVALID FOR
ONG (-1)* 1. Exhibits 1, 2, 3, 4, 5, 6, 7, 8, 9, 10
and 11
56. Exhibits MMMM and NNNN (2)* (11 ballots) (11)*
(2 ballots)Comelec finding Comelec
that the ballots have no finding
defect is affirmed. VALID that the
FOR ONG ballots
57. Exhibit OOOO(1 ballot)Comelec have no
finding that the words PARE defect and
KO are words of appellation thus valid
is for Rizon
affirmed. VALID FOR ONG (1)* is
affirmed.
58. Exhibit QQQQ(1 ballot)Comelec VALID
finding that the words or FOR
names NANIG, SABAS RIZON
and MIMIG which are non-
candidates marked the 2. Exhibits 12, 24 and 28(3 ballots)The 3
ballot is affirmed. INVALID FOR ballots do
ONG (-1)* not
contain
the letters
DLR. VAL
ID FOR ALID FOR
RIZON RIZON
3. Exhibits 13, 14, 15, 16, 17, 18 and 19 (7)* Prec.28A28A-1 SUMMARY OF F I N D I N G S RIZON
(7
ballots)Co 1. Exhibits 1 and 2(2 ballots)Comelec finding (2)*
melec that the
finding ballots
that the have no
ballots defect and
have no thus valid
defect and is
thus valid affirmed.
for Rizon VALID
is FOR
affirmed. RIZON
VALID 2. Exhibit 3(1 ballot)The ballot has no marking. -1
FOR VALID
RIZON FOR
4. Exhibit 20(1 ballot)There is no marking on the 1 RIZON
ballot. VALID FOR RIZON 3. Exhibits "4" to "11"(8
5. Exhibits 21, 22, 23, 25, 26, 27, 29, ballots)Co
31, 32, 33, melec
34, 35, 36 finding
and that the
37 (14 ballots)Comelec ballots
findings that the (14)* have no
ballots defect and
have no thus valid
defect and is
thus valid affirmed. VALID FOR
is RIZON (11)*
affirmed. 4. Exhibit 12(1 ballot) The ballot
VALID contains
FOR initials
RIZON DLR.
6. Exhibit 30(1 ballot)The name LITO Comelec
written finding
in big bold letters that the
occupying all the spaces ballot has
for -1 no
councilor defect is
marked reversed. INVALID FOR
the RIZON -1
ballot. INV
5. Exhibit "12" to "26"(15 defect and
ballots)Co thus valid
melec for Rizon
finding is
that the affirmed.
ballots VALID
have no FOR
Defect is RIZON
affirmed.
VALID FOR Number of votes to be credited to RIZON = 7
RIZON (14)* Number of votes to be deducted from RIZON = 2
6. Exhibit 27 From a total of 4,411 votes of Ong per Comelec findings, a total of another
(1 ballot) 1 twenty (20) shall be added23 as per above findings which gives him a total of
There are 4,431 votes.
no
markings From a total of 4,414 votes of Rizon per Comelec findings, a total of five
found in (5) votes shall be added24 as per above findings which gives him a total of
the 4,419.
ballot. VA
Consequently, candidate William P. Ong won by a margin of twelve (12)
LID FOR
votes.
RIZON
WHEREFORE, the Court hereby REVERSES and SETS ASIDE the
7. Exhibits 28 to 31(4 ballots)Comelec finding (4)*
Resolution dated August 15, 2000 of the Commission on Elections en banc
that the
declaring respondent Isagani B. Rizon as the winner in the May 11, 1998
ballots
elections.
have no
defect and In lieu thereof, Court hereby PROCLAIMS petitioner William P. Ong as
thus valid the duly elected mayor of the municipality of Baroy, Lanao del Norte in the May
for Rizon is 11, 1998 elections, with a margin of twelve (12) votes.
affirmed. V
ALID FOR The status quo order issued on August 29, 2000, is made permanent.
RIZON No costs.
8. Exhibit 32(1 ballot)There are no markings in 1 SO ORDERED.
the
ballot. No
name Cris
appearing
in the
ballot. VA
LID FOR
RIZON
9. Exhibits 33 to 40(8 ballots)Comelec finding (8)*
that the
ballots
have no