G.R. No. 244544 - Cardona vs. People

On May 14, 2001, during the synchronized national and local elections in Mahaplag, Leyte, petitioner Amalia G. Cardona served as Chairman of the Board of Election Inspectors (BEI) for Poll Precinct 8-A.
It was alleged that Cardona instructed voters to sign the back of their official ballots, thereby placing a distinguishing mark in violation of Section 23(a) and (c) of R.A. 7166 in relation to Section 195 of the Omnibus Election Code (OEC).
An Information was filed on February 27, 2002 by private complainant Glenn H. Bartolini, accusing Cardona of feloniously ordering voters to sign their ballots “against their will.”

The prosecution presented eight voter-witnesses who testified that Cardona required them to sign the dorsal portion of their ballots, some immediately after voting for Bartolini.
Cardona admitted allowing signatures but claimed she instructed signing only upon receipt of the ballot (before voting), attributing her error to a “mental black-out” due to delayed polling. She testified that she corrected the procedure before 11 a.m., closed the ballot box to seek COMELEC guidance, and thereafter ceased the practice.
The RTC of Baybay City convicted Cardona on December 6, 2013, sentencing her to 2–4 years’ imprisonment without probation, disqualification from public office, and deprivation of suffrage.

On February 9, 2017, the CA affirmed the conviction but modified the penalty to 1–2 years’ imprisonment, still without probation, and maintained disqualification and deprivation of suffrage.
The CA held the OEC offense as malum prohibitum, rendering intent immaterial, and declined to consider Cardona’s admission as mitigating.
Cardona’s motion for reconsideration was denied on December 14, 2018, prompting her petition under Rule 45.

Whether the petition should be dismissed for defective verification and certification against forum shopping.
Whether the participation of a private prosecutor during trial was valid under the COMELEC Rules and the Rules of Court.

Whether violation of Section 23(a) and (c) of R.A. 7166 in relation to Section 195 of the OEC is malum prohibitum (intent immaterial) or mala in se (requiring deliberate intent).
Whether Cardona’s conduct—allowing signatures, claiming mental blackout, immediate correction, and absence of presented marked ballots—constituted the requisite distinguishing mark with criminal intent.