G.R. No. 187956 ; November 19, 2009
RAMON P. TORRES, Petitioner, vs. COMMISSION ON ELECTIONS and JOSEPHINE “JOY” H. GAVIOLA, Respondents.

FACTS

Petitioner Ramon P. Torres and respondent Josephine “Joy” H. Gaviola were candidates for Punong Barangay of Barangay San Antonio, Makati City in the October 29, 2007 elections. The Barangay Board of Canvassers proclaimed Torres the winner with 2,438 votes against Gaviola’s 2,367, a lead of 71 votes. Gaviola filed an election protest before the Metropolitan Trial Court (MeTC) of Makati City, which dismissed the protest. On appeal, the COMELEC Second Division reversed the MeTC. After a re-examination of all contested ballots, it invalidated 100 ballots cast for Torres, primarily on grounds that they were filled out by single individuals writing multiple ballots or by two distinct handwritings on one ballot. This resulted in Gaviola being proclaimed the winner by 35 votes. The COMELEC En Banc affirmed with modification, still declaring Gaviola the winner but with a reduced lead of 10 votes.

ISSUE

Whether the COMELEC committed grave abuse of discretion in invalidating a number of ballots cast for petitioner Torres.

RULING

Yes, the COMELEC committed grave abuse of discretion. While the appreciation of contested ballots is generally a factual matter left to the COMELEC, the Supreme Court will intervene when its findings are based on a gross misreading of evidence compelling a different conclusion. The Court, after its own examination of the 93 excluded ballots pertaining to Torres, found that the COMELEC erroneously invalidated them. The legal logic hinges on the principle of handwriting identification: no two persons write exactly alike, and handwritings must show consistent dissimilarities in fundamental features to be deemed the work of different persons. Here, the Court found that of the 47 pairs of ballots the COMELEC excluded for allegedly being written by one person per pair, only two pairs were correctly invalidated. The other 45 pairs, while having a similar general outlook, exhibited distinct personal characteristics in letter formation, proving they were written by different individuals. Similarly, three ballots supposedly written by one person were the work of three different hands. Consequently, these 93 ballots are valid votes for Torres. Adding these to his tally of 2,344 results in 2,437 votes, giving him a winning margin of 58 votes over Gaviola’s 2,379. The COMELEC’s resolutions were reversed and set aside, and Torres’s proclamation was affirmed.