GR 144197; (December, 2000) (Digest)
G.R. No. 144197 ; December 13, 2000
WILLIAM P. ONG, petitioner, vs. COMMISSION ON ELECTIONS and ISAGANI B. RIZON, respondents.
FACTS
Petitioner William P. Ong and respondent Isagani B. Rizon were candidates for mayor of Baroy, Lanao del Norte in the May 11, 1998 elections. The municipal board of canvassers proclaimed Ong the winner by a margin of 51 votes. Rizon filed an election protest with the Regional Trial Court (RTC), which, after a revision of ballots from two precincts, reduced Ong’s lead to 8 votes. Rizon appealed to the Commission on Elections (COMELEC). The COMELEC Second Division, re-examining the ballots, invalidated several votes and declared Rizon the winner by 4 votes. Ong moved for reconsideration. The COMELEC en banc affirmed the Second Division but adjusted the count, finalizing Rizon’s lead to 3 votes. Ong then filed this petition for certiorari, arguing the COMELEC committed grave abuse of discretion in invalidating ballots.
ISSUE
Did the COMELEC en banc commit grave abuse of discretion in invalidating certain ballots, thereby declaring Rizon the winner?
RULING
Yes, the Supreme Court reversed the COMELEC resolution. The Court conducted a thorough re-examination of the contested ballots and found the COMELEC erred in invalidating many as “marked.” Applying Section 211(22) of the Omnibus Election Code, the Court emphasized that the use of two kinds of writing, or the presence of names like “NIKKI” or “NORMAN” in senatorial slots, does not automatically invalidate a ballot. Such features are considered innocent unless it clearly appears they were deliberately placed as identification marks. The COMELEC failed to establish any deliberate intent to identify the voter. For instance, writing “NIKKI” in print while other names were in script merely showed a voter’s emphasis for a particular senatorial candidate, not an identifying mark. The intent to mark must be demonstrably clear, and the presumption is always in favor of ballot validity. After the Court’s re-tabulation, which credited valid votes previously wrongfully invalidated, Ong obtained 4,431 votes against Rizon’s 4,419 votes. Consequently, the Court proclaimed William P. Ong the duly elected mayor, winning by a margin of 12 votes. The COMELEC’s resolution was set aside for having been issued with grave abuse of discretion.