The Supreme Court affirmed the Commission on Elections’ (COMELEC) decision, emphasizing that the primary goal in appreciating ballots is to honor the voter’s intent. This case underscores the importance of adhering to established rules, such as the Idem Sonans Rule and guidelines regarding ballots written by multiple persons, to ensure accurate election results. It clarifies how election authorities should interpret markings on ballots, balancing voter enfranchisement with the need to prevent fraud and uphold the integrity of the electoral process. The ruling impacts how votes are counted, particularly in close elections, affecting the outcome and legitimacy of local governance.

One Vote Decides: How Ballots Are Scrutinized in Philippine Elections

In the close contest for Punong Barangay (Barangay Captain) of Barangay Poblacion, Kitcharao, Agusan del Norte, during the 2013 Barangay Elections, Ferdinand V. Sevilla and Ranie B. Gupit were separated by a single vote. After the canvass, Sevilla was proclaimed the winner with 466 votes to Gupit’s 465. Gupit contested the results, leading to a manual revision of ballots in four clustered precincts. The Municipal Circuit Trial Court (MCTC) then annulled Sevilla’s proclamation, declaring Gupit the winner with a final tally of 464 votes for Gupit and 463 for Sevilla. The decision hinged on the MCTC’s appreciation of certain contested ballots, a decision Sevilla appealed to the COMELEC. The core legal question revolves around how election authorities should interpret markings on ballots to accurately reflect voter intent, especially when names are misspelled or ballots appear to be written by multiple individuals.

Sevilla challenged the MCTC’s decision, particularly questioning the validity of a ballot marked as Exhibit “I”, which was credited to Gupit, and contesting the rejection of ballots marked as Exhibits “F”, “R-4”, and “II”, which he claimed should have been counted in his favor. The COMELEC First Division denied Sevilla’s appeal, affirming the MCTC’s decision. The COMELEC First Division, in its own assessment of the contested ballots, upheld the MCTC’s decision, leading Sevilla to file a motion for reconsideration before the COMELEC En Banc. He argued that the First Division had not properly reviewed the evidence and had incorrectly appreciated the contested ballots, claiming he had actually won by three votes. The COMELEC En Banc denied the motion for reconsideration, leading Sevilla to escalate the matter to the Supreme Court.

The Supreme Court’s analysis centered on whether the COMELEC committed grave abuse of discretion in its appreciation of the contested ballots. The Court emphasized that its role is not to correct simple errors of judgment but to determine if the COMELEC acted capriciously, whimsically, or in violation of the Constitution, the law, or existing jurisprudence. The Court reiterated the principle that every ballot is presumed valid unless there is clear and good reason to reject it, and that the COMELEC’s findings, as an independent constitutional body, are generally accorded great respect.

Regarding Exhibit “I”, the Court upheld the COMELEC’s application of the Idem Sonans Rule. This rule, enshrined in Section 211(7) of the Omnibus Election Code, dictates that “[a] name or surname incorrectly written which, when read, has a sound similar to the name or surname of a candidate when correctly written shall be counted in his favor.” The ballot in question had “Nanie G” written in the space for Punong Barangay. The Court agreed that “Nanie” sounded similar to “Ranie” (Gupit’s first name), and Gupit’s surname starts with “G”, thus validating the vote for Gupit.

Turning to Exhibit “F”, Sevilla argued that the ballot should have been counted for him based on the Neighborhood Rule and the Intent Rule. The Neighborhood Rule applies when a candidate’s name is written near the office they are running for, even if not in the correct space. The Intent Rule prioritizes ascertaining and implementing the voter’s intention. However, the Court concurred with the COMELEC that these rules were inapplicable because the ballot had the name “ALE” written in the space for Punong Barangay, and “ALE” was not a candidate. Section 211(19) of the Omnibus Election Code specifies that any vote for a non-candidate is considered a stray vote.

Regarding Exhibit “R-4”, Sevilla contended that the ballot was written by a single person. The Court, however, agreed with the COMELEC that the ballot was written by two different individuals. This determination triggered the application of the Written by Two Rule, which holds that ballots clearly filled out by two persons before being deposited are invalid. The COMELEC found distinct dissimilarities between the handwriting for Punong Barangay and Barangay Kagawad, such as the use of all caps and straight writing for the former versus italics for the latter. Since Sevilla failed to provide evidence suggesting the second handwriting was added after the ballot was cast, the ballot was correctly invalidated.

The Court also dismissed Sevilla’s argument concerning a writ of preliminary injunction issued by the COMELEC First Division in another case (SPR (BRGY) No. 70-2014) involving the same parties. The Court agreed with the COMELEC En Banc that the issues in that case were distinct and did not affect the present controversy. The Supreme Court affirmed the COMELEC’s decisions, finding no grave abuse of discretion in the appreciation of the contested ballots.

This case underscores the importance of clear and consistent application of election rules to ensure that voter intent is accurately reflected while maintaining the integrity of the electoral process. It illustrates how election authorities balance principles like honoring voter intent (Intent Rule) with specific rules like the Idem Sonans Rule and the prohibition against ballots written by multiple people (Written by Two Rule). These rules and their interpretations play a vital role in determining the outcome of elections, particularly in closely contested races.

FAQs

What was the key issue in this case?	The key issue was whether the COMELEC committed grave abuse of discretion in appreciating contested ballots in a close Barangay election, specifically regarding the application of the Idem Sonans Rule and the rule against ballots written by two persons. The Supreme Court ultimately sided with COMELEC, emphasizing that the goal of election rules is to determine voter intent.
What is the Idem Sonans Rule?	The Idem Sonans Rule states that a name incorrectly written, but sounding similar to the candidate’s name when read, should be counted in their favor. This rule is codified in Section 211(7) of the Omnibus Election Code.
What is the Written by Two Rule?	The Written by Two Rule invalidates ballots clearly filled out by two persons before being deposited, unless evidence suggests the second handwriting was added after casting. This rule aims to prevent fraudulent voting practices.
What is the Neighborhood Rule?	The Neighborhood Rule states that if a candidate’s name is written near the office they are running for, even if not in the correct space, the vote should be counted. However, this rule is not absolute and can be superseded by other rules or evidence of voter intent.
What is the Intent Rule?	The Intent Rule prioritizes ascertaining and implementing the voter’s intention, if it can be determined with reasonable certainty. It’s a guiding principle in ballot appreciation, but it must be balanced with specific election rules.
Why was the ballot marked as Exhibit “I” counted for Gupit?	The ballot marked as Exhibit “I” was counted for Gupit because the name written on the ballot, “Nanie G”, sounded similar to Gupit’s name, “Ranie Gupit”. This triggered the application of the Idem Sonans Rule.
Why was the ballot marked as Exhibit “F” not counted for Sevilla?	The ballot marked as Exhibit “F” was not counted for Sevilla because it had the name “ALE” written in the space for Punong Barangay, and “ALE” was not a candidate for that position. This made the vote a stray vote.
Why was the ballot marked as Exhibit “R-4” invalidated?	The ballot marked as Exhibit “R-4” was invalidated because it was determined to have been written by two different people. This violated the Written by Two Rule, making the ballot invalid.
What is ‘grave abuse of discretion’ in the context of this case?	‘Grave abuse of discretion’ means the COMELEC acted capriciously, whimsically, or in violation of the Constitution, the law, or existing jurisprudence. The Supreme Court did not find such abuse in this case.

The Supreme Court’s decision in this case serves as a reminder of the meticulous process involved in ensuring fair and accurate elections, especially in close contests where every vote counts. The application of specific rules for ballot appreciation is critical in upholding the integrity of the electoral process and reflecting the true will of the electorate.

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: Ferdinand V. Sevilla v. COMELEC and Ranie B. Gupit, G.R. No. 227797, November 13, 2018