Protecting Your Vote: When are Ballots Considered Marked or Invalid in Philippine Elections?

In Philippine elections, every vote counts, but ensuring that your ballot is valid is just as crucial. This case highlights how election tribunals meticulously examine ballots flagged as ‘marked’ or improperly filled, balancing the need for secrecy with upholding the voter’s intent. Understanding these rules helps ensure your vote is counted and protects the integrity of the electoral process. Learn about the nuances of ballot appreciation and how the COMELEC and courts safeguard the sanctity of the ballot box.

G.R. NO. 174010, February 08, 2007: LAISAN T. PERMAN, PETITIONER, VS. COMMISSION ON ELECTIONS AND LINO LANDONG IDDONG, RESPONDENTS.

INTRODUCTION

Imagine casting your vote, believing you’ve exercised your right, only to find out later that your ballot was invalidated due to a seemingly minor mark. This is the reality in fiercely contested Philippine elections, where even the smallest ballot detail can be scrutinized. The case of *Perman v. COMELEC* revolves around a barangay election dispute where the validity of numerous ballots was questioned. The core issue? Whether ballots with alleged markings or those purportedly filled by multiple people should be counted. This case underscores the delicate balance between strictly adhering to election rules and ensuring the true will of the electorate prevails. At its heart, it’s a story about ensuring that technicalities don’t disenfranchise voters and overturn the democratic process.

LEGAL LANDSCAPE: RULES ON BALLOT APPRECIATION

Philippine election law, specifically the Omnibus Election Code, provides detailed rules for appreciating ballots. These rules aim to guide election officials and courts in determining which ballots are valid and should be counted. Section 211 of the Omnibus Election Code is crucial, particularly paragraph 23, which addresses ballots filled by multiple persons. It states: “Any ballot which clearly appears to have been filled by two distinct persons before it was deposited in the ballot box during the voting is totally null and void.” This provision is designed to prevent fraud and ensure each vote is genuinely cast by a single voter.

However, the Supreme Court, in cases like *Trajano v. Inciso*, has clarified that not all ballots with multiple handwritings are automatically invalid. The crucial question is *when* the second handwriting appeared. If the ballot was properly filled by a single voter when cast but was later tampered with, it remains valid. The Court established a presumption: a ballot with multiple handwritings is presumed to have been invalid from the start. This is a *presumption juris tantum*, meaning it can be overturned by sufficient evidence. The burden of proof shifts to showing that the additional markings were made *after* the ballot was cast, not before.

Furthermore, the concept of a “marked ballot” is equally important. A marked ballot is one that contains a distinguishing mark intended to identify it, thereby compromising the secrecy of the vote. The intention behind invalidating marked ballots is to prevent vote-buying or coercion, where voters might be pressured to mark their ballots in a specific way to prove they voted as instructed. However, the Supreme Court has cautioned against overly strict interpretations, emphasizing that invalidation should only occur when the marking is clearly intentional and for identification purposes. Minor, unintentional marks or smudges generally do not invalidate a ballot. The guiding principle is to uphold the sanctity of the vote and the voter’s will whenever possible.

CASE NARRATIVE: *PERMAN v. COMELEC*

The *Perman v. COMELEC* case arose from a tightly contested Punong Barangay election in Tipo-Tipo, Basilan in 2002. Laisan Perman and Lino Iddong were the main contenders. Iddong was initially proclaimed the winner by a slim margin of 67 votes. Perman contested the results, filing an election protest with the Municipal Circuit Trial Court (MCTC).

During the ballot revision at the MCTC, 83 ballots initially counted for Iddong were invalidated as ‘marked.’ This significantly shifted the count, and the MCTC declared Perman the winner by 13 votes. However, Iddong appealed to the Commission on Elections (COMELEC).

The COMELEC First Division reversed the MCTC’s decision. They validated the 83 ballots that the MCTC had invalidated and ruled in favor of Iddong, reinstating his original winning margin of 67 votes. Perman then sought reconsideration from the COMELEC *En banc*, but it was denied. Undeterred, Perman elevated the case to the Supreme Court via a petition for certiorari, arguing that the COMELEC *En banc* had gravely abused its discretion in appreciating the contested ballots.

The Supreme Court focused on two key issues: the 65 ballots for Iddong that Perman claimed were filled by two persons, and two ballots for Perman that the COMELEC *En banc* invalidated as marked.

Regarding the 65 ballots, the COMELEC *En banc* made critical findings. They observed:

1. “In all the ballots… only one and the same person made the insertions… from the singular handwriting…”
2. “This person made it a point to always use a color of pen different from the one used by the original voter… as if he wanted to make sure that the insertion is readily noticed.”
3. “The insertions made were redundant. Even after the original voter already wrote a clear and categorical vote… the one person making the insertions still inserted the name… either… on the lines for kagawad or… added it to the name already written on the line for punong barangay.”

Based on these observations, the COMELEC *En banc* concluded that these ballots were tampered with *after* being deposited in the ballot box. The Supreme Court concurred, stating, “We agree with the conclusion reached by the COMELEC *En banc*.” The Court emphasized that the presumption of invalidity for ballots with multiple handwritings was overcome by the evidence of post-voting tampering.

As for Perman’s two ballots, these were invalidated by the COMELEC *En banc* because they contained encircled numbers “16” and “15” after Perman’s name. The Court agreed with the COMELEC, reasoning, “There can be no reason for placing the said numbers… except to mark the ballot.” The Court also noted that the COMELEC had consistently invalidated similar ballots for Iddong, demonstrating even-handed application of the rules.

Ultimately, the Supreme Court upheld the COMELEC *En banc* decision, dismissing Perman’s petition. The Court reiterated the principle that factual findings of the COMELEC, if supported by substantial evidence, are final and non-reviewable in certiorari proceedings.

PRACTICAL TAKEAWAYS FOR CANDIDATES AND VOTERS

This case offers several practical lessons for both election candidates and voters. For candidates, it underscores the importance of vigilance against post-election tampering. The COMELEC’s meticulous examination of ballots and its ability to discern patterns of tampering were crucial in this case. Candidates should ensure proper ballot box security and be prepared to present evidence of tampering if they suspect it.

For voters, the case highlights the need to avoid making any extraneous marks on ballots that could be interpreted as identifying marks. While the law aims to protect voter intent, clear and unambiguous voting is always best. Do not add numbers, symbols, or unnecessary writings on your ballot. Fill out your ballot clearly and only in the designated spaces.

Key Lessons from *Perman v. COMELEC*:

• Ballots with Multiple Handwritings: Not automatically invalid. Validity depends on whether the additional writing was present *before* or *after* casting. Post-casting tampering does not invalidate the original vote.
• Burden of Proof: The presumption is that ballots with multiple handwritings are invalid. However, this presumption can be overcome with evidence of tampering after casting.
• Marked Ballots: Invalidation requires clear intent to identify the ballot. Unintentional marks or smudges are generally not grounds for invalidation. Avoid any extra marks like numbers or symbols beside candidate names.
• COMELEC’s Factual Findings: Highly respected by the Supreme Court. COMELEC’s findings of fact, if supported by evidence, are generally final and non-reviewable in certiorari cases.
• Voter Responsibility: Fill ballots clearly and avoid any unnecessary marks to prevent unintentional invalidation.

FREQUENTLY ASKED QUESTIONS (FAQs)

Q1: What is a ‘marked ballot’ and why are they invalid?

A: A marked ballot contains a distinguishing mark intentionally placed by the voter to identify it. They are invalid to prevent vote-buying and ensure secret balloting. The mark must be designed to identify the ballot, not just an accidental smudge.

Q2: What happens if a ballot has writing from two different people?

A: Such ballots are presumed invalid *if* the multiple handwritings were present when cast. However, if tampering occurred *after* the ballot was cast, the ballot can still be valid if the original vote is clear.

Q3: What kind of marks can invalidate a ballot?

A: Marks clearly intended for identification, such as names, symbols, or numbers unrelated to voting choices, can invalidate a ballot. Accidental marks are usually not grounds for invalidation.

Q4: Who decides if a ballot is marked or filled by two persons?

A: Initially, the Board of Election Inspectors (BEI) during counting. Their decisions can be reviewed by election tribunals like the MCTC, COMELEC, and ultimately the Supreme Court in election protests.

Q5: What is the role of the COMELEC in ballot appreciation?

A: The COMELEC is the primary administrative body overseeing elections and resolving election disputes. They have expertise in ballot appreciation, and their factual findings are given great weight by the courts.

Q6: If I accidentally smudge my ballot, will it be invalidated?

A: Generally, no. Minor, unintentional smudges or marks that are clearly not for identification purposes should not invalidate your ballot. The focus is on *intentional* distinguishing marks.

Q7: What should I do if I suspect ballot tampering?

A: Document any evidence and immediately report it to election authorities or file an election protest following proper legal procedures and timelines.

ASG Law specializes in Election Law and navigating complex election disputes. Contact us or email hello@asglawpartners.com to schedule a consultation if you have election-related legal concerns.