2. A. Governing Principles on Ballot Appreciation
B. Specific Rules on Appreciation of Votes
(Section 211, OEC)
SCOPE AND CONTENTS OF PRESENTATION
3. 1. Will of Voter is Paramount
2. Ballot is Always Presumed Valid
3. Technical Rules are Liberally Construed, and
4. Counting is Public and Uninterrupted
A. Governing Principles On Ballot Appreciation
4. 1. The Intent Rule
2. Equity of the Incumbent Rule
3. Rule on Primacy of Surnames
4. Rules on Married Women
5. Idem Sonans Rule
6. Rules on the Use Of Nicknames
7. Rules on the Use Of Initials
8. Rule on the Use of Prefixes
9. Rule involving Appellations of
Affection or Friendship
10. Special Cases
11. Rule on Misplaced Votes
12. Rule on Disqualified Candidates
13. Marked Ballots
14. Ballots Written By One
15. Written By Two or More Persons
16. Miscellaneous Cases
B. Specific Rules on Appreciation of Votes
5. It is the act of ascertaining the real intent
of the voter to whom he is casting his
vote for, on the basis of what is shown on
the face of the ballot.
What is Ballot Appreciation?
8. a. Elections are all about people’s sovereignty
b. Cardinal objective is to give effect to the
choice of voter
c. Results are not subject to the discretion of
candidates
The Will of the Voter is Paramount
10. The Ballot is Always Presumed Valid
a. All doubts shall be resolved in favor of validity
b. No ballot shall be rejected unless for a clear and
sufficient reason
c. Innocent voters should not be prejudiced by
indiscretions of poll workers
12. Rules are Liberally Construed
a. Technical rules should not frustrate the
determination of the popular will
b. Far better to err in favor of popular
sovereignty
14. Counting Is Public and Uninterrupted
a. Electoral Boards are to count and appreciate the votes
in public without interruption
b. They enjoy the presumption of regularity, and no one
can overturn their collegial determination at the
polling place
c. Their decisions, however, are not binding upon the
court in case protests are filed
17. R U L E 1 : I N T E N T R U L E
Case 1
If It Is The First Name Or Surname Of A Candidate, It Shall
Be Appreciated In His Favor. (Par. 1, Section 211)
Candidate for Punong Barangay
1. ALFARO, Renato “Nato”
Candidate for Kagawad
1. HANAY, Alvin “Ben”
Ferrer v. Comelec, G.R. No. 139489, April 10, 2000
Geukeko v. Pascua, G.R. No. 26243, March 31, 1927
18. R U L E 1 : I N T E N T R U L E
Case 2
If There Is Another Candidate With The Same First Name Or Surname, It
Shall Be Considered As Stray Vote. (3rd Phrase, Par. 14, Section 211)
Candidates for Punong Barangay
1.CRUZ, Teodoro “Ted”
2.CRUZ, Uldarico “Toto”
Candidates for Kagawad
1.MARQUEZ, Elena “Elen”
2.RAMOS, Elena “Inday Lena”
Gonzaga v. Seno, G.R. No. L-20522, April 23, 1963
19. R U L E 1 : I N T E N T R U L E
Case 3
If A Candidate’s Name Is Erased And Another Clearly Written, Vote Is
Valid for The Latter.1 (Par. 9, Sec. 211) So are superimpositions.2
Candidates for Punong Barangay
1. CORDERO, Bethel “Neneng”
2. TIU, Arlene “Inday Dako”
1Juliano v. CA, G.R. No. 27477, July 28, 1967
2Mañago v. Comelec, G.R. No. 167224, September 21, 2007
20. R U L E 1 : I N T E N T R U L E
Case 4
Markings Or Words Of Desistance From Voting Found On
Blank Spaces Do Not Invalidate The Ballot. (Par. 21, Section 211)
Candidate for Punong Barangay
1. VILLA, Erlinda “Linda”
Candidate for Kagawad
1. CERCADO, Eugene “Gene”
Dojillo v. Comelec, G.R. No. 166542, July 25, 2006
22. RULE 2: EQUITY OF THE INCUMBENT RULE
Case 1
If There Is Another Candidate With The Same First Name And Surname, But
The Other Candidate Is An Incumbent, The Vote Shall Be Counted In Favor Of
The Incumbent. (2nd Sentence, Par. 2, Section 211)
Candidates for Punong Barangay
1.ENRIQUEZ, Joy
2.LEDESMA, Joy (Incumbent)
Candidates for Kagawad
1.JOCSON, Alberto
2.JOCSON, Glenn (Incumbent)
23. RULE 2: EQUITY OF THE INCUMBENT RULE
Case 2
If It Is The Maiden Or Married Surname Or Both Of A Woman Candidate And There Is
Another Candidate With Such Surname And One Of Them Is An Incumbent, The Vote Is
Counted In Favor Of The Incumbent. (Par. 3, Section211)
Candidates for Punong Barangay
1. ARNALDO-RUIZ, Alpha
2. ARNALDO-RUIZ, Lydia (Incumbent)
Candidates for Kagawad
1. ARANAS-DIAZ, LOURDES
2. ARANAS, Rodolfo (Incumbent)
3. DIAZ, Arnulfo (Incumbent)
24. RULE 2: EQUITY OF THE INCUMBENT RULE
Case 3
If Written on the Same Line and all of which are Surnames of Two or More Candidates,
one of them an Incumbent who Served for at Least One Year, the Vote is Counted in favor
of the Latter (par 4, Section 211).
Candidates for Punong Barangay
1.GUMBAN, Ismael
2.MAGNO, Paul (incumbent who
served for at least a year)
Katigbak v. Mendoza, G.R. No. 24477, February 28,
1967; Dojillo v. Comelec, G.R. No. 166542, July 25, 2006
26. RULE 3: PRIMACY OF SURNAMES RULE
Case 1
If It Is The First Name Of A Candidate But When Read Sounds Similar To The
Surname Of Another Candidate, The Vote Shall Be Appreciated In Favor Of
The Latter (1st Sentence, Par.2, Sec. 211)
Candidates for Punong Barangay
1.TENTATIVA, Benzen “Moi”
2.VINCEN, Ligaya “Gay-Gay”
27. RULE 3: PRIMACY OF SURNAMES RULE
Case 2
If It Is The First Name Of One Candidate And Surname Of Another, The Vote
Shall Be In Favor Of The Latter (Par. 5, Sec. 211)
Candidates for Punong Barangay
1. ROMAN, Pablo “Pabs”
2. SULPICIO, Roman “Sonny”
Calo v. CA, G.R. No. L-21256, September 30, 1963
28. RULE 3: PRIMACY OF SURNAMES RULE
Case 3 (Exception)
If What Is Written Is The First Name Of One Candidate Coupled With The Surname Of
Another Candidate, Vote Is Considered Stray (Par. 6, Sec. 211)
Candidates for Punong Barangay
1. CORPUZ, Esteban M.
2. IBAY, Isidro B.
Corpuz v. Ibay, G.R. No. L-2305, July 8, 1949
30. RULE 4: RULES ON MARRIED WOMEN
Case 1
If It Is The Maiden Or Married Surname Or Both Of A Woman Candidate And There Is
No Other Candidate With Such Surname, Vote Shall Be Appreciated In Favor Of That
Candidate (Par. 1, Sec. 211)
Candidate for Punong Barangay
1. ARNALDO-RUIZ, Alpha “Apang”
Candidates for Kagawad
1. ARANAS-DIAZ, LOURDES “Lulu”
2. MARTEL-PORRAS, MAE “Mae”
Conui-Omega v. Samson, G.R. No. L-21910, November 11, 1963
Yniguez-Lerias v. HRET, G.R. No. 97105, October 15, 1991
31. RULE 4: RULES ON MARRIED WOMEN
Case 2
If It Is The Maiden Or Married Surname Or Both Of A Woman Candidate And
There Is Another Candidate With Such Surname, Vote Is
Considered Stray. (3rd Phrase, Par. 14, Sec. 211)
Candidates for Punong Barangay
1. ARNALDO-RUIZ, Alpha “Apang”
2. ARNALDO-RUIZ, Lydia “Lids”
Candidates for Kagawad
1. ARANAS-DIAZ, LOURDES “Lulu”
2. ARANAS, Rodolfo “Rudy”
3. DIAZ, Arnulfo “Buddy”
32. RULE 4: RULES ON MARRIED WOMEN
Case 3
If It Is The Maiden Or Married Surname Or Both Of A Woman Candidate And There Is
Another Candidate With Such Surname And One Of Them Is An Incumbent, Vote
Counted In Favor Of Incumbent. (Par. 3, Sec. 211)
Candidates for Punong Barangay
1.ARNALDO-RUIZ, Alpha “Apang”
2.ARNALDO-RUIZ, Lydia “Lids” (Incumbent)
Candidates for Kagawad
1.ARANAS-DIAZ, LOURDES “Lulu”
2.ARANAS, Rodolfo “Rudy” (Incumbent)
3.DIAZ, Arnulfo “Buddy” (Incumbent)
34. RULE 5: IDEM SONANS RULE
Case 1
If It Is Incorrectly Written But When Read Has A Sound Similar To The Name
Or Surname Of A Candidate, Vote Shall Be Counted In Favor Of
That Candidate (Par. 7, Sec. 211)
Candidate for Punong Barangay
1. PERFECTO, Querubin
Candidates for Kagawad
1. ARZAGA, Emilio
2. CECILIO, Aurelio
3. GLORIA, Ricardo
4. JULIANO, Teodoro`
5. LONTOC, Jose
6. MONTEZA, Pablo
36. RULE 6: RULES ON THE USE OF
NICKNAMES
Case 1
If It Is The Nickname Of A Candidate And It Is One By Which He Is Generally And Popularly
Known In The Locality, It Shall Be Counted In His Favor If There Is No Other Candidate For The
Same Office With The Same Nickname (2nd Sentence, Par. 13, Sec. 211)
Candidate for Punong Barangay
1.FERRER, Danilo “Danny”
Ferrer v. Comelec, G.R. No.139489, April 10, 2000
37. RULE 6: RULES ON THE USE OF
NICKNAMES
Case 2
If The Vote Is The Registered Nickname Of A Candidate And At The Same Time One Of The Words
Of The Registered Nickname Of Another Candidate Whose Nickname Is Composed Of Two Or More
Words, The Vote Shall Be Counted In Favor Of The Former. (2nd Sentence, Par. 13, Sec. 211
Candidates for Punong Barangay
1. NG, Rudy “Toto Rudy”
2. REYES, Omar “Toto”
Olivia Coo v. Comelec, G.R.No. 163187, May
6, 2004
38. RULE 6: RULES ON THE USE OF
NICKNAMES
Case 3
If The Nickname Of A Candidate Is Composed Of Two Or More Words, And The Vote Written Is Any
One Of Those Words, And There Is No Other Candidate With The Same Name Or Nickname, The Vote
Is Appreciated In Favor Of That Candidate. (With Reference To Pars. 1, 7, And 13, Sec. 211)
Candidate for Punong Barangay
1.LEE, May “Inday May”
40. RULE 7: RULES ON THE USE OF INITIALS
Case 1
If Erroneous Initial Of The First Name, Surname Or Middle Initial Accompanies The
Correct Surname Or First Name Of A Candidate, The Vote Is Valid (Par. 10, Sec. 211)
Candidate for Punong Barangay
1.RODRIGUEZ, Teodoro
Lontoc v. Pineda, G.R.No.L-37106, June 30, 1975
41. RULE 7: RULES ON THE USE OF INITIALS
Case 2
If It Contains Initials Only, Vote Considered As Stray Vote (Par. 14, Sec. 211)
Candidate for Punong Barangay
1.GUPIT, Mark M. “Macmac”
Villarosa v. HRET, G.R. No. 144129, September 14, 2000
43. RULE 8: RULE ON THE USE OF PREFIXES
Case 1
If A Prefix Accompanies The First Name and/or Surname Of A Candidate Vote
Is Valid. (Par.12, Sec. 211)
Candidate for Punong Barangay
1.CASTRO, Leon “Boy”
Ferrer v. De Alban, G.R.No. 12083, July 31, 1957
44. RULE 8: RULES ON THE USE OF PREFIXES
Notes on Prefixes
1
The prefixes enumerated in paragraph 12, section 211 OEC (Sr.,
Mr., Datu, Don, Ginoo, Hon., Gob) are just examples and are not
exclusive. Thus, expressions which connote respect and
something equivalent to the Tagalog “ka” or the English “Mr.”
were considered legitimate.
Prefixes, however, may be utilized as identification marks.
• in every ballot only one is given a prefix, the rest none
2
46. RULE 9: RULE INVOLVING APPELATION OF AFFECTION OR
FRIENDSHIP
Case 1
If What Is Written Is The First Name Or Surname Of The Candidate With Nicknames Or Appellations
Of Affection And Friendship, Vote Is Valid Except When They Were Used As Means To Identify The
Voter, In Which Case The Whole Ballot Is Invalidated. (Par. 13, Sec. 211)
Candidate for Punong Barangay
1. ANG, Jose “Joe”
Ong v. Comelec. G.R. No. 144197, December
13, 2000
48. If Written On Different Lines, All Of Which Are Surnames Of Two Or More Candidates And For An
Office That Allows The Election Of More Than One And There Are Same Number Of Such Surnames
Written As There Are Candidates With That Surname, Votes Are Considered Valid. (Par. 4, Sec. 211)
Candidates for Kagawad
1.GO, Arnold “Bongbong”
2.GO, Esther “Ma’am Esther”
3.GO, Noel “Noel”
RULE 10: SPECIAL CASES
Case 1
49. If A Candidate’s Name Appears On A Space For Which He Is A Candidate And In
Another Space On Which He Is Not A Candidate, Valid For The Office For Which
He Is Running And Stray On The Other. (Par. 8, Sec. 211)
Candidate for Kagawad
1. Alban, Romeo ”Roming”
Juliano v. Sinsuat, G.R. No. L-27477, July 28, 1967
Illescas v. CA, G.R. No. L-6853, December 29, 1953
RULE 10: SPECIAL CASES
Case 2
50. If The Number Of Names Written Exceed Those To Be Voted, Only Those Firstly Written
Within The Authorized Number Are Deemed Valid. (Par. 18, Sec. 211)
Candidates for Kagawad
1. ABAD, Gil “Nonong”
2. CO, Nancy “Nans”
3. DOLLEDO, Hans “Boy”
4. ELLANGA, Aida “Nang Ayds”
5. MORENO, William “Bill”
6. SOTERO, Eden “Pangga”
7. TORRE, Jay “Jay”
8. VILLA, Ma. Teresita “Teray”
RULE 10: SPECIAL CASES
Case 3
Cailles v. Gomez, G.R. No. 17617, December 9,
1921
51. If It Is That Of A Non-candidate, The Vote Shall Be Considered A Stray Vote
(1st Phrase, Par. 19, Sec. 211)
Candidates for Punong Barangay
1. AUSTRIA, Artemio “Toto”
2. SEMOY, Alicia “Gingging"
RULE 10: SPECIAL CASES
Case 4
Lontoc v. Pineda, G.R. No. L-37106, June 30,
1975
Monteza v.CA, G.R. No. L-26245, July 25, 1967
52. If What Is Written Is The First Name Of A Candidate But With A Different Surname Or Correct
Surname But With A Different First Name, Vote Is Considered Stray. (Par. 15, Sec 211)
Candidate for Punong Barangay
1.VILLAVERT, Alberto A.
RULE 10: SPECIAL CASES
Case 5
Protacio v. De Leon, G.R. No. L-21135, November 8, 1963
53. If A Name Of A Known Existing Person Who Is A Non-candidate Accompanies The First Name Or
Surname Of A Candidate, The Vote Is Considered In Favor Of The Latter (Par. 11, Sec. 211)
Candidates for Punong Barangay
1. JIMENEZ, Ralph “Nonoy”
2. NADAL, Francisco “Boc”
RULE 10: SPECIAL CASES
Case 6
54. If What Is Named Are Two Or More Candidates for a Position for Which The Law
Allows The Election Of Only One, The Vote Is Considered Stray. (Par. 17, Sec. 211)
Candidates for Punong Barangay
1. BEDIA, Myla “Maymay”
2. CALVO, Michael “Mike”
RULE 10: SPECIAL CASES
Case 7
Cailles v. Gomez G.R. No. L-17617, December
9, 1921
55. If It Is Illegible Or Cannot Sufficiently Identify The Candidate For
Whom It Is Intended, Stray Vote. (Par. 14, Sec. 211)
Candidate for Punong Barangay
1.LAPUZ, John “Jon”
Candidates for Kagawad
1.DOJILLO, Nilo “Calong”
2.VIDAL, Rodrigo “Jing”
RULE 10: SPECIAL CASES
Case 8
Dojillo v. Comelec, G.R. No. 166542, July 25, 2006
57. If It Is That Of A Candidate For An Office For Which He Did Not Present Himself, The
Vote Shall Be Considered A Stray Vote. (2nd Phrase, Par.19, Sec. 211)
Candidate for Punong Barangay
1.GABITO, Sergio “ Sarge”
Candidates for Kagawad
1.DAGANI, Girlie “Paday”
2.JACOBA, Andrea “Nene”
3.PRADO, Marivic “Becbec”
RULE 11: RULE ON MISPLACED VOTES
Case 1
Cordia v. Monforte, G.R. No.174620, March 4, 2009
58. Exceptions to the Rule on Misplaced Votes
1. Correct Sequence Rule
2. Evident Intent Rule
3. Neighborhood Rule
59. EXCEPTIONS TO THE RULE ON MISPLACED
BALLOTS:
1. CORRECT SEQUENCE RULE
60. A General Misplacement Of An Entire Series Of Names Intended To Be Voted For
The Successive Offices Appearing On The Ballot
Candidate for Punong Barangay
1. CASTILLO, Angie “Ging”
Candidates for Kagawad
1. AMADOR, Leah “Bing”
2. CERCADO, Manuel “Manny”
3. GONZALES, Leo “Parts”
4. GUMBAN, Daisy “Meg”
5. MALLADA, Rose “Rose”
6. ROMULO, Adrian “Bords”
7. SABAN, Marie “Mar”
RULE 11: MISPLACED VOTES (exception)
1. Correct Sequence Rule – Case 1
Cordero v. Moscardon, UDK-6066, September 30, 1984
62. A Single Or Double Misplacement Of Names Where Such Names Were
Preceded Or Followed By The Title Of The Contested Office
Candidate for Punong Barangay
1.LAO, Mary “May”
Candidates for Kagawad
1.GO, Eduard “Ed”
2.TORRES, Irene “Princess”
RULE 11: MISPLACED VOTES (exception)
2. Evident Intent Rule – Case 1
Bautista v. Castro, G. R. No. 612260, February 17, 1992
63. Where The Voter Wrote After The Candidate’s Name A Directional Symbol Indicating
The Correct Office For Which The Misplaced Name Was Intended
Candidate for Punong Barangay
1.Ruiz, Juan “Jun”
Candidates for Kagawad
1.GO, Eduard “Ed”
2.TORRES, Irene “Princess”
RULE 11: MISPLACED VOTES (exception)
2. Evident Intent Rule – Case 2
Moya v. Del Fiero, G.R. No. 46863, November 18, 1939
65. A Single Misplacement of a Name Written off-center from the designated space
Candidate for Punong Barangay
1.LEDONIO, Marlon “Lonlon”
RULE 11: MISPLACED VOTES (exception)
3. Neighborhood Rule – Case 1
Moya v. Del Fiero, G.R. No. 46863, November 18, 1939
66. A Single Misplacement of a Name Written Slightly Underneath the Line
for the Contested Office
Candidate for Punong Barangay
PO, Mario “Mayok”
RULE 11: MISPLACED VOTES (exception)
3. Neighborhood Rule – Case 2
Villavert v. Fornier, G.R. No. L-3050, October 17,
1949
67. A Single Misplacement of a Name Written Immediately Above the Title
for the Contested Office
Candidate for Punong Barangay
1.SINON, Betty “Bet”
RULE 11: MISPLACED VOTES (exception)
3. Neighborhood Rule – Case 3
Villavert v. Fornier, G.R. No. L-3050, October 17,
1949
68. A Single Misplacement of a Name Written in the Space for An Office
Immediately Following that for which the Candidate Presented Himself
Candidate for Punong Barangay
1.BARON, Angel “Angie”
RULE 11: MISPLACED VOTES (exception)
3. Neighborhood Rule – Case 4
Batalla v. Comelec, G.R. No. 184268, September 15, 2009
69. RULE 11: MISPLACED VOTES (exception)
3. Neighborhood Rule – Cases 5 and 6
Ranilo A. Velasco v. Commission on Elections and Benigno C. Layesa, Jr., G.R. No. 166931, February 22, 2007
Marife Estomagulang v. Commission on Elections and Antonio Durango, G.R. No. 22801, July 11, 2017
71. If It Is The First Name Or Surname Of A Candidate Disqualified By Final
Judgment, Considered As Stray Vote (Par. 24, Sec. 211)
Candidate for Punong Barangay
1.FULLON, Ken “Bords” (Disqualified)
RULE 12: RULE ON DISQUALIFIED CANDIDATES
Case 1
Ticzon v. Comelec, G.R. No. 52451, March 31, 1981
72. 1. Votes cast in favor of a candidate who has been DISQUALIFIED by final
judgment shall be considered STRAY VOTES based on paragraph 24, Section 211
2. Votes cast in favor of a candidate whose certificate of candidacy
was CANCELLED or DENIED DUE COURSE shall be considered STRAY votes
based on paragraph 19, section 211 for being a non-candidate
3. Votes cast in favor of a candidate who has WITHDRAWN shall be
considered STRAY votes based on paragraph 19, Section 211; and
4. Votes cast in favor of a candidate who has been declared NUISANCE due to the
same name and/or surname with a bona fide candidate shall not be deemed stray
votes but may be COUNTED in favor of the latter.
RULE 12: RULE ON DISQUALIFIED CANDIDATES
A Run Through
74. What is a Marked Ballot?
RULE 13: MARKED BALLOTS
One which is marked by the voter for the purpose of identifying the ballot as one that he
accomplished. As it violates the sacredness of votes, it results in the invalidation of the entire
ballot.
What are its Elements?
(a) The voter must have placed the mark; and
(b) The mark was placed deliberately for the purpose of identifying the voter or the ballot.
Note: Marks made by the voter unintentionally do not invalidate the ballot. Neither do
marks made by some person other than the voter.
75. Kinds of Marked Ballots
RULE 13: MARKED BALLOTS
Marked Ballot Due to Unnecessary Markings (MB-UM)
-invalidation may immediately be done
1
Marked Ballots Due to Pattern Voting (MB-PV)
- requires presentation of evidence aliunde to be invalidated
2
77. If the Ballot is Signed by the Voter, it is deemed a Marked Ballot
Candidate for Punong Barangay
1. IRENEA, Grace
Candidate for Kagawad
1. AVELINO, Carlo
RULE 13: MARKED BALLOTS MB-UM
Case 1
Cailles v. Gomez, G.R. No. L-17617, December 9, 1921
Ferrer v. De Alban, G.R. No. L-12083, July 31, 1957
78. If The Names Are Written In Extraordinarily Big Letters, The Ballot Is
Considered Marked
Candidate for Punong Barangay
1. BARCE, Lito
RULE 13: MARKED BALLOTS MB-UM
Case 2
Cundangan v. Comelec, G.R. No. 174392, August 28, 2007
79. If Names Are Written Twice In A Single Space, Such Are Deemed
Marked Ballots
Candidate for Punong Barangay
1. CHAVEZ, Mark “Macoy”
Candidates for Kagawad
1. ANAD, Andrew “Gingging”
2.BANOY, Eleuterio “Primo”
3.CALVAN, Mae “Maymay”
RULE 13: MARKED BALLOTS MB-UM
Case 3
Inguito v. CA, G.R. No. L-26883, November 23, 1967
Monteza v. CA, G.R. No. L-26245, July 25, 1967
80. If A Candidate’s Name Is Written More Than Twice On A Single Ballot,
The Ballot Is Considered Marked
Candidate for Kagawad
1. NABAR, Porferio “Peryong”
RULE 13: MARKED BALLOTS MB-UM
Case 4
Bautista v. Castro, G.R. No. 612260, February 17, 1992;
Katigbak v. Mendoza, G.R. L-24477, February 28, 1967
81. Irrelevant Remarks, Impertinent Words, and/or Derogatory Expressions
Found on Ballots Render Such Ballots Invalid
Candidate for Punong Barangay
1. LIM, Isidro “Sarge”
RULE 13: MARKED BALLOTS MB-UM
Case 5
Moraleja v. Relova, G.R. No. L-30828, October 22, 1971;
Marcos v. Robredo, P.E.T. Case No. 005, October 15, 2019
82. 1. Names of candidates are written upside down1;
2. Presence of irrelevant expressions (e.g. ”Have a good time Mr. Pacito”,
“Forget Me Not”, “Tse na Lang”, “Jugador” (Gambler), My Vote is Heartily
Dedicated, etc.)2;
3. Names of candidates were written in ordinary writing except for one which
was written in big Gothic letters3;
OTHER INSTANCES OF MARKED BALLOTS
(UM)
1 Jose M. Lontoc v. Gregorio G. Pineda and Teodoro Rodriguez, G.R. No. L-37106, June 30, 1975
2 Jaime T. Torres v. HRET and Ninfa Garin, G.R No. 144491, February 6, 2001; Vicente Ferrer v. Josefin DeAlban, G.R. No. L-12083,
July 31, 1957; Sulpicio Gadon v. Pedro Gadon, G.R. No. 20015, November 30, 1963; Lloren v. CA, G.R. No. L-25907, January 25, 1967
3 Rafael B. Hilao v. Teodulo Bernados, G.R. No. L-7704, December 14, 1954
84. 1. Appearance of the same names on several ballots on precisely the same space, cast only in one
precinct1
2. Name of one candidate is clearly and markedly indented to the right as to render the ballot easily
distinguishable2
3. Fourteen (14) ballots are marked with the word "Joker”, six (6) with "Alas”, seven (7) with
"Queen”, and seven (7) ballots with the word "Kamatis, all in the number 7 space for Kagawad
4. Fifteen (15) ballots in the same precinct contain the letter "C" after the name "Galido”4
5. In every ballot only one candidate is given a prefix, the rest none. In several ballots the prefixes
given to one and the same candidate are of different nature5
6. Candidates surname is accompanied by different first names, nicknames, and appellations6
INSTANCES OF MARKED BALLOTS DUE TO PATTERN VOTING
1 Mariano B. Delgado v. Angel B. Tiu, et al., G.R. No. L-18027, June 29, 1962
2 Alejandro Sarmiento v. Serafin Quemado, G.R. No. L-18027, June 29, 1962
3 Felomino Villagracia v. Comelec, G.R. No. 168296, January 31, 2007
4Perfecto Galido v. Comelec, G.R. No. 95346, January 18, 1991
5Jesus Jimenez Sr. v. Margarito Lofranco, G.R. L-21124, November 8, 1963
6Paulino Tumakay v. Orbiso, G.R. No. L-8354, August 22, 1955
85. 1. The names voted for are in very large block letters. The writing could well be the voter’s habitual
one, there being no evidence to show otherwise1;
2. Voters tend to follow the arrangement appearing in the sample ballots distributed by each
candidate. This, standing alone does not render the ballot marked2;
3. The writing of the name of the candidate twice in the space for Mayor would indicate only the
enthusiasm of the voter voting for the said candidate3; and
4. Having voters belonging to the same precinct writing the names of particular candidates in an
identical manner in a ballot is not necessarily invalid.4
Some Instances Where Ballots are Deemed Valid and Not Marked
1 Santiago A. Silverio v. Pedro Castro and Misael Clamor, G.R. No. L-23827, February 28, 1967
2 Jose Katigbak v. Ricardo Mendoza, G.R. No. L-24477, February 28, 1987.
3 Teodoro Juliano v. Court of Appeals and Datu Mando Sinsuat, G.R. No. L-27477, July 28, 1987
4 Jose Katigbak v. Ricardo Mendoza, supra.
87. Q. When can there be multiple ballots “Written by One” person?
Written by One
A. This arises when there are several ballots with similar handwriting in excess of
the number of officially recognized disabled and illiterate voters in a polling
place plus the voter himself.
Q. Are “Written by One” ballots valid?
A. Yes, provided the handwritings thereon are similar to the signature of a register assistor
found in the Minutes of Voting; one ballot by the assistor and for not more than three
illiterate or disabled voters unless the assistor is a member of the Electoral Board.
Otherwise, the ballots should be rejected.
88. Q. How can one determine that a handwriting is that of one person only?
Written by One
A. When the writings in the subject ballots are strikingly alike, with presence not
only of class characteristics but also individual characteristics or dents and
scratches in sufficient quantity.
Q. Is there a need for technical examination of ballots?
A. The rule is, the Commission or the Electoral Tribunal may or may not make
the determination without need of calling handwriting experts.
90. Q. When can we say that the ballot was filled out by two or more persons?
Written by Two or More Persons
A. When the ballot shows distinct and marked dissimilarities in the writing of the names of
some candidates from the rest.
Q. What are it effects?
A. If the tampered entries were made after the ballot was cast, it is valid. If it bears the
fillings of two or more persons when cast, the ballot is deemed marked, thus, void., 2007],
Q. What is the presumption if there are such dissimilarities found on the ballot?
A. That such dissimilarities were made before the ballot was deposited in the ballot box.
91. Q. How do we resolve doubts?
Written by Two or More Persons
A. When there is doubt as to whether the names were written by two persons, the
doubt must be resolved in favor of the validity of the ballot.
Q. Are all dissimilarities indications of marked ballots?
A. No. It is very rare that two specimens of a person’s handwriting or signature
are exactly alike.
Minor and insignificant variations in handwriting are even perceived
as indicia of genuineness rather than falsity.
93. Use Of Any Type Of Writing Instrument Does Not Invalidate The
Ballot. (Par. 16, Sec. 211)
Candidate for Punong Barangay
1. RUIZ, Leopoldo “Polding”
Candidates for Kagawad
1. BRIONES, Lourdes “Lulu”
2. SALIDO, Daisy, “Nene”
3. SOLIS, Raul “Toto”
RULE 16: MISCELANEOUS CASES
Case 1
Manalo v. Sevilla, G.R. No. L-8515, March 29, 2013
94. The Use Of A Mechanical Process Renders The Ballot Null And
Void (Par. 20, Section 211)
Candidate for Punong Barangay
1. RODRIGUEZ, Tomas “Tom”
RULE 16: MISCELANEOUS CASES
Case 2
Cailles v. Gomez, G.R. No. L-17617, December 9, 1921
95. Commas, Dots, Lines Or Hyphens, Traces Of The Letter “T”, “J” And Similar Ones, Unfinished Names,
Different Handwritings, Accidental Flourishes, Strokes, Or Strains Do Not Invalidate The Ballot Unless
Deliberately Done To Identify The Voter. (Par. 22, Section 211)
Candidate for Punong Barangay
1. BORJA, Miguel “Miki”
Candidate for Kagawad
1. JEREOS, Angel “Pards”
RULE 16: MISCELANEOUS CASES
Case 3
Tajanlangit v. Cazeñas, G.R. No. L-18894, June 30, 1962
Ong v. Comelec, G.R. No. 144197, December 13, 2000
96. Ballots Written In Arabic, Where Such Is Of General Use,
Are Valid. (Par. 25, Section 211)
Candidates for Punong Barangay
1. BAHADUR, Ahwaz
2.SHAZIL, Aalimah
Candidates for Kagawad
1. BAHARAH, Noralia
2.LAMAH, Haadi
3.SAAHIR, Alyssa
RULE 16: MISCELANEOUS CASES
Case 4
Juliano v. Sinsuat, G.R. No. L-27477, July 28, 1967
97. An Accidental Tearing Or Perforation Does Not Affect The Validity Of The
Ballots. (Par. 26, Section 211)
Candidate for Punong Barangay
1. SY, Magdalena “Magdal”
Candidate for Kagawad
1. ACSAY, Ben “Ben”
RULE 16: MISCELANEOUS CASES
Case 5
Cailles v. Gomez, G.R. No. L-17617, December 9, 1921
98. The Failure To Remove The Detachable Coupon Does Not Annul Such
Ballot. (Par. 27, Section 211)
Candidate for Punong Barangay
1. YAP, Joseph
RULE 16: MISCELANEOUS CASES
Case 6
Lucero v. De Guzman, G.R.No. L-20942, April 5, 1924; Pacris v.
Pagalilauan, G.R. No. A.M. No. RTJ-98-1403, August 14, 2000
