Beruflich Dokumente
Kultur Dokumente
COMELEC
G.R. No. 166542
July 25, 2006
Carpio, J.
NILO
L.
DOJILLO
petitioners
responden COMMISSION ON ELECTIONS and RODRIGO N. VIDAL
ts
summary Dojillo and Vidal claim that there were misappreciation of ballots. The trial
court, COMELEC 2nd division and en banc studied the votes and ruled on the
validity of each contested ballot (see chart below). The Supreme Court agreed
with COMELEC en banc with regards to the validity of the ballots but ruled that
the status quo ante order issued by COMELEC en banc was invalid since it is
the court's decision that should prevail between the determination by the trial
court of who of the candidates won the elections and the finding of the Board
of Canvassers as to whom to proclaim.
Dojillo
(total)
valid claims
invalid
claims
Vidal (total)
valid claims
invalid
claims
Difference
Board of
Election
Tellers (BET)
371
Trial Court
COMELEC
2nd Division
COMELEC
en banc
Supreme
Court
372
370
372
372
1
-
1
2
1
1
374
-
363
11
375
3
2
374
3
3
374
-
issue
ratio
Appreciation of Ballots: A ballot indicates the voter's will. There is no requirement that the
entries in the ballot be written nicely or that the name of the candidate be spelled accurately. In
the reading and appreciation of ballots, every ballot is presumed valid unless there is a clear
reason to justify its rejection. The object in the appreciation of ballots is to ascertain and carry
into effect the intention of the voter, if it can be determined with reasonable certainty.
Petitioner appeals COMELECs rulings on the following ballots:
exhibit
issue
COMELEC en bancs ruling as
affirmed by the Supreme Court
1
1-J
A-5
B-1
B-2
C-1
1 Rule on idem sonans: legal doctrine whereby a person's identity is presumed known despite
the misspelling of his or her name (Wiki).
2
C-3 to
C-5
2-F
A, A-1,
A-3, B3, 3-8
and C10
2 Valenzuela v. De Jesus
3
Nevertheless, the COMELEC's subsequent ruling in favor of respondent and our succeeding
affirmation of the COMELEC's ruling defeats the execution pending appeal and brings us to the
present situation: notwithstanding the previous oaths of office taken by both parties, respondent
is the duly elected Punong Barangay of Nibaliw Vidal, San Fabian, Pangasinan.