Dojillo v. Comelec

Dojillo v.
COMELEC
G.R. No. 166542 July 25, 2006 Carpio, J.
petitioners NILO L. DOJILLO
respondents COMMISSION ON ELECTIONS and RODRIGO N. VIDAL
summary Dojillo and Vidal claim that there were misappreciation of ballots. The trial court,
COMELEC 2nd division and en banc studied the votes and ruled on the validity of each
contested ballot (see chart below). The Supreme Court agreed with COMELEC en banc with
regards to the validity of the ballots but ruled that the status quo ante order issued by
COMELEC en banc was invalid since it is the court's decision that should prevail between
the determination by the trial court of who of the candidates won the elections and the
finding of the Board of Canvassers as to whom to proclaim.
facts of the case
Position at issue: Punong Barangay

Action: Election Protest
Grounds: Misappreciation of ballots and incorrect tallying of votes
Board of
COMELEC COMELEC
Election Tellers Trial Court Supreme Court
2nd Division en banc
(BET)
Dojillo (total) 371 372 370 372 372
valid claims - 1 1 1 -
invalid claims - - 2 1 -
Vidal (total) 374 363 375 374 374
valid claims - - 3 3 -
invalid claims - 11 2 3 -
Difference 3 9 5 2 2
issue
1. Who won? VIDAL.
2. WON COMELEC committed GAD it issued the April 29 2003 STATUS QUO ANTE ORDER
"reinstating or reinstalling " Vidal? YES.
ratio
Appreciation of Ballots: A ballot indicates the voter's will. There is no requirement that the entries in the
ballot be written nicely or that the name of the candidate be spelled accurately. In the reading and appreciation
of ballots, every ballot is presumed valid unless there is a clear reason to justify its rejection. The object in the
appreciation of ballots is to ascertain and carry into effect the intention of the voter, if it can be determined
with reasonable certainty.
Petitioner appeals COMELEC’s rulings on the following ballots:

exhibit issue COMELEC en banc’s ruling as affirmed by
the Supreme Court
1-J Distinctive use of, and several impositions with Not valid. (against Dojillo)
blue ink on the name of Dojillo with the rest of OEC 211: Unless it should clearly appear that
the votes written in black ink, indicates no other they have been deliberately put by the voter as
intention than to identify the ballot identification marks, xxx the use of two or
1
more kinds of writing shall not invalidate the
ballot.
A-5 Big 'X' is written on the space[s] 2 to 7 for Valid. (for Vidal)
kagawad after Pedeglorio Victor L. x x x The OEC 211: [C]rosses x x x put on the spaces on
voter is quite intelligent as shown by the hand which the voter has not voted shall be
writing, but the big X can not be considered as considered as signs to indicate his desistance
desistance, but to mark and identify his vote." from voting and shall not invalidate the ballot.
B-1 What was written is neither the name or surname Valid. (for Vidal)
of [respondent]. It can not even be considered Voter intended to write "Vidal" but, due to
under the rule on idem sonans, the writing seems poor handwriting, only "Vida" was legible.
to be in latin [sic] or greek [sic] VIONI, VIOBI, OEC 211: "A name or surname incorrectly
IMBERRP, DUCA, SERONO. 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 idem sonans rule 1 does not require
exactitude nor perfection in the spelling of
names. The question whether a name sounds
the same as another is not one of spelling but
of pronunciation.
B-2 The ballot contained two names on the space for Valid. (for Vidal)
Punong Barangay: "Vedal Jing" and "Vic OEC 211: [a]ny vote in favor of x x x a
Pedeglorio." candidate for an office for which he did not
present himself shall be considered as a stray
vote but it shall not invalidate the whole ballot.
Vic Pedeglorio was not a candidate for Punong
Barangay, but for Kagawad.
C The entry in the space for Punong Barangay is Valid. (for Vidal)
"JINV Pedeglorio." the name Jing Pedeglorio was written on the
space for Punong Barangay, with the surname
Vidal superimposed in capital letters over the
surname Pedeglorio. The ballot indicated the
voter's intention to correct his vote for
respondent.
OEC 211: "When in a space in the ballot there
appears a name of a candidate that is erased
and another clearly written, the vote is valid
for the latter."
C-1 Vidal's name is written in "big printed and bold Valid. (for Vidal)
capital letters" unlike the rest of the entries. OEC 211: Unless it should clearly appear that
they have been deliberately put by the voter as
identification marks, x x x hyphens between
the first name and surname of a candidate x x
x, the use of two or more kinds of writing shall
not invalidate the ballot.
The voter merely emphasized his intent to vote
for respondent.
C-3 to There was a star drawn on Exhibit "C-3," a human Valid. (for Vidal)
1Rule on idem sonans: legal doctrine whereby a person's identity is presumed known despite the misspelling
of his or her name (Wiki).
2
C-5 head was drawn after the entry of "Juvy Vidal" The figures or symbols which appeared on
for Kagawad on line 4 of Exhibit "C-4," and a Exhibits "C-3" to "C-5" were written by a
drawing was made after the entry of "Rodrigo person other than the voter after the voting
Vidal" for Punong Barangay on Exhibit "C-5." process. COMELEC considered the difference
in the writing materials used in Exhibits "C-3"
and "C-5" and the color of the pen used in
Exhibit "C-4." A ballot should be counted if it is
marked afterwards by some person or persons
other than the voter himself. Subsequent
changes in the ballot made by a person other
than the voter should not be permitted to
affect the result of the election or destroy the
will of the voters2.
2-F "Jing Calong" is written in the space for Punong Stray Vote. (against Dojillo)
Barangay. "Jing" is respondent's nickname, while OEC 211: Any vote x x x which does not
"Calong" is petitioner's nickname. sufficiently identify the candidate for whom it
is intended shall be considered as a stray vote
but shall not invalidate the whole ballot.
A, A-1, Ballots had "J. Vidal" written on the space for Valid. (for Vidal)
A-3, B-3, Punong Barangay. "J" in "J. Vidal" stands for the initial of "Jing,"
3-8 and Vidal's registered nickname.
C-10 Gonzaga v. Seno and Moya v. Del Fierro: the
initial of the nickname of the candidate may be
used together with the surname of the
candidate for the purpose of identifying the
candidate for whom the voter votes.
Propriety of the Issuance of the Status Quo Ante Order:

The Status Quo Ante order had the nature of a temporary restraining order. It had a life span of more than 20
days since the directive was qualified by the phrase "until further orders from this Commission." In line with
Repol v. COMELEC, the Status Quo Ante Order automatically ceased to have effect on 19 May 2003 since the
COMELEC En Banc did not issue a writ of preliminary injunction. However, in contrast to Repol, no execution
pending appeal was ever issued to any party in the present case. Upon examination of the events in this case,
we find that respondent was proclaimed as the duly elected Punong Barangay by the BET on 15 July 2002. This
was the condition prevailing before the promulgation of the 8 August 2002 decision of the trial court. On the
other hand, the trial court found that petitioner is the duly elected Punong Barangay. Thus, if an execution
pending appeal were issued by the trial court, petitioner should have occupied the position of Punong
Barangay. It is the court's decision that should prevail between the determination by the trial court of who
of the candidates won the elections and the finding of the Board of Canvassers as to whom to proclaim.
Nevertheless, the COMELEC's subsequent ruling in favor of respondent and our succeeding affirmation of the
COMELEC's ruling defeats the execution pending appeal and brings us to the present situation:
notwithstanding the previous oaths of office taken by both parties, respondent is the duly elected Punong
Barangay of Nibaliw Vidal, San Fabian, Pangasinan.
2 Valenzuela v. De Jesus

Dojillo v. Comelec

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Dojillo v.

facts of the case

Position at issue: Punong Barangay

Petitioner appeals COMELEC’s rulings on the following ballots:

Propriety of the Issuance of the Status Quo Ante Order:

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