In the Philippines, election laws prioritize the will of the voters. This case clarifies that votes intended for a legitimate candidate should not be invalidated simply because a nuisance candidate with a similar name appears on the ballot. The Supreme Court emphasized that election laws must be liberally construed to ensure that the electorate’s choice prevails, preventing technicalities from undermining the democratic process. This ruling reinforces the importance of correctly attributing votes to their intended recipients, especially when confusion arises due to similar names or misleading candidacies. The decision underscores the principle that election laws aim to give effect to the voter’s will, not frustrate it through technicalities.

Navigating Nuisance: Can Similar Names on Ballots Cloud the People’s Choice?

This case revolves around the 2010 vice-mayoral election in Bugasong, Antique, where Casimira S. Dela Cruz contested the victory of John Lloyd M. Pacete. A key issue arose because another candidate, Aurelio N. Dela Cruz, also ran for the same position. Aurelio was declared a nuisance candidate, yet his name remained on the ballot. The central legal question was whether votes cast for Aurelio, the nuisance candidate, should be considered stray or counted in favor of Casimira, the bona fide candidate with a similar surname.

The Commission on Elections (COMELEC) initially ruled that votes for Aurelio should be considered stray, based on COMELEC Resolution No. 8844. This resolution directed that votes for disqualified candidates or those whose certificates of candidacy (COC) had been cancelled should not be counted. Petitioner Casimira Dela Cruz argued that this ruling violated her right to equal protection and due process. She cited COMELEC Resolution No. 4116, which, under previous manual election rules, allowed votes for nuisance candidates with similar names to be counted for the bona fide candidate. Dela Cruz contended that there was no substantial difference between manual and automated elections to justify disregarding Resolution No. 4116.

COMELEC countered that the automated election system introduced significant changes, warranting the new rule in Resolution No. 8844. They argued that because the official ballots in automated elections contain the full names of the candidates, voters are presumed to have carefully read and selected their choice, regardless of any disqualification. Additionally, COMELEC emphasized that the Precinct Count Optical Scan (PCOS) machines used in automated elections eliminated many of the ambiguities and challenges associated with manual ballot interpretation. Private respondent Pacete supported COMELEC’s position, asserting that Section 211 (24) of Batas Pambansa Blg. 881, the Omnibus Election Code (OEC), mandates that any vote cast in favor of a disqualified candidate be considered stray.

The Supreme Court, however, sided with Dela Cruz, finding that COMELEC committed grave abuse of discretion. The Court emphasized that Sections 211 (24) and 72 of the OEC apply to disqualification cases, not to petitions to cancel or deny due course to a COC, such as those involving nuisance candidates under Section 69. In *Fermin v. COMELEC*, the Court distinguished between a petition for disqualification under Section 68 and a petition to cancel or deny due course to a COC under Section 78, noting they are distinct remedies based on different grounds.

At this point, we must stress that a “Section 78” petition ought not to be interchanged or confused with a “Section 68” petition. They are different remedies, based on different grounds, and resulting in different eventualities. x x x While a person who is disqualified under Section 68 is merely prohibited to continue as a candidate, the person whose certificate is cancelled or denied due course under Section 78 is not treated as a candidate at all, as if he/she never filed a CoC.

The Supreme Court highlighted COMELEC Resolution No. 4116, which specifically addresses the situation of nuisance candidates. This resolution states that if a division declares a candidate a nuisance, especially when the nuisance candidate has the same name as the bona fide candidate, the votes cast should not be considered stray but tallied for the bona fide candidate.

the decision or resolution of a DIVISION on nuisance candidate, particularly where the nuisance candidate has the same name as the bona fide candidate shall be immediately executory after the lapse of five (5) days unless a motion for reconsideration is seasonably filed. In which case, the votes cast shall not be considered stray but shall be counted and tallied for the bona fide candidate.

Building on this principle, the Court referenced past cases like *Bautista v. COMELEC* and *Martinez III v. House of Representatives Electoral Tribunal*, where similar issues were addressed. In *Bautista*, the votes for a nuisance candidate with the same surname as the bona fide candidate were counted in favor of the latter, as the electorate had constructive knowledge of the COMELEC’s decision to delist the nuisance candidate. Similarly, in *Martinez III*, the Court emphasized the adverse effect on voter will when a bona fide candidate faces confusion due to a similar-named nuisance candidate.

The Court rejected COMELEC’s argument that the automated election system eliminated the confusion caused by similar names. Despite the shift to shading ovals, the potential for voter confusion remained, especially if the names of nuisance candidates persisted on the official ballots. The Supreme Court underscored that voters who mistakenly shaded the oval next to the nuisance candidate could not rectify their error. Private respondent admitted that voters were properly informed of Aurelio’s disqualification because COMELEC published the same before election day. As the Court pronounced in *Bautista*, the voters’ constructive knowledge of such cancelled candidacy made their will more determinable, as it is then more logical to conclude that the votes cast for Aurelio could have been intended only for the legitimate candidate, petitioner.

The Court concluded that upholding Resolution No. 4116 was more consistent with the principle that election laws must be liberally construed to give effect to the voter’s will. The delay in delisting nuisance candidates creates the very problem that excluding them seeks to prevent. Therefore, the Supreme Court declared COMELEC Resolution No. 8844 null and void, ordering that the 532 votes cast for Aurelio N. Dela Cruz be counted in favor of Casimira S. Dela Cruz, making her the duly elected Vice-Mayor of Bugasong.

FAQs

What was the key issue in this case?	The key issue was whether votes cast for a declared nuisance candidate with a similar name to a legitimate candidate should be considered stray or counted in favor of the legitimate candidate.
What is a nuisance candidate?	A nuisance candidate is someone who files a certificate of candidacy to mock the election process, cause confusion among voters, or demonstrate no genuine intention to run for office.
What did COMELEC initially rule?	COMELEC initially ruled that votes cast for the nuisance candidate should be considered stray and not counted for the legitimate candidate, based on Resolution No. 8844.
How did the Supreme Court rule?	The Supreme Court overturned COMELEC’s ruling, stating that the votes for the nuisance candidate should be counted in favor of the bona fide candidate with a similar name.
Why did the Supreme Court disagree with COMELEC?	The Court found that COMELEC’s decision disregarded established jurisprudence and COMELEC Resolution No. 4116, which addresses situations involving nuisance candidates with similar names.
What is the significance of COMELEC Resolution No. 4116?	COMELEC Resolution No. 4116 provides that votes cast for a nuisance candidate with a similar name should be counted for the legitimate candidate, ensuring voter intent is respected.
What was the basis for the Supreme Court’s decision?	The Supreme Court emphasized that election laws should be liberally construed to give effect to the voter’s will, preventing technicalities from undermining the democratic process.
What is the practical outcome of this ruling?	Casimira S. Dela Cruz was declared the duly elected Vice-Mayor of Bugasong after the votes for the nuisance candidate were counted in her favor.

This decision serves as a reminder of the judiciary’s commitment to protecting the sanctity of elections and upholding the will of the electorate. It reaffirms the principle that election laws are designed to facilitate, rather than frustrate, the expression of the people’s choice. The ruling clarifies the treatment of votes cast for nuisance candidates, providing guidance for future elections where similar issues may arise.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Casimira S. Dela Cruz v. COMELEC and John Lloyd M. Pacete, G.R. No. 192221, November 13, 2012