G.R. No. 170070; February 28, 2007
CORNELIO DELOS REYES, Petitioner, vs. COMMISSION ON ELECTIONS and ROMEO H. VASQUEZ, Respondents.

FACTS

In the July 15, 2002 Barangay Elections, Romeo Vasquez was proclaimed Barangay Chairman of Barangay 414, Manila, over Cornelio Delos Reyes. Delos Reyes filed an election protest with the Metropolitan Trial Court (MeTC), alleging irregularities. The MeTC ordered a recount by a Revision Committee. The Committee noted that two ballot boxes had padlocks for which the COMELEC keys did not fit, but the boxes were forcibly opened, revealing intact COMELEC paper seals and election paraphernalia in good condition. A physical recount showed Delos Reyes leading, but both parties contested numerous ballots on grounds of being marked or written by one person.
The MeTC declared Delos Reyes the winner, validating all contested ballots. Vasquez appealed to the COMELEC, arguing the MeTC erred in ignoring the padlock discrepancy and in not invalidating ballots allegedly written by a single person. The COMELEC Second Division, after examining the ballots, invalidated 44 ballots for Delos Reyes for having been written by one person and one ballot for Vasquez for being marked. This recalculation gave Vasquez a winning margin. The COMELEC En Banc affirmed this resolution.

ISSUE

Whether the COMELEC committed grave abuse of discretion in invalidating the contested ballots for Delos Reyes on the sole ground that they appeared to have been written by one person.

RULING

Yes, the COMELEC committed grave abuse of discretion. The Supreme Court ruled that the mere uniformity of handwriting on ballots, without more, is not sufficient to declare them invalid. The legal principle is that ballots are presumed valid unless clearly shown to be otherwise. Invalidation requires proof that the uniformity was intended to identify the voter, constituting a “marked ballot.” The COMELEC’s finding was based purely on a visual assessment of similarity, with no factual basis to conclude the ballots were prepared by someone other than the individual voters or that the uniformity was deliberately made for identification.
The Court emphasized that handwriting similarity can arise from various innocent circumstances, such as voters being assisted by a single person under the authority of the Omnibus Election Code, or voters simply imitating a common style. The COMELEC failed to consider these possibilities and did not establish that the ballots contained distinguishing marks meant to reveal the voter’s identity. Consequently, its conclusion was arbitrary and capricious, lacking any rational basis in law or fact. The Supreme Court reinstated the MeTC decision, declaring Delos Reyes the duly elected Barangay Chairman.