Title
Velasco vs. Commission on Elections
Case
G.R. No. 166931
Decision Date
Feb 22, 2007
A tied barangay election led to a ballot revision dispute, with the Supreme Court applying the "neighborhood rule" to determine voter intent, ultimately declaring petitioner the winner.

Case Summary (G.R. No. 166931)

Case Background

This matter originates from the barangay elections held on July 15, 2002, in Sta. Ana, San Pablo City. Following the elections, Velasco was proclaimed the winner with 390 votes against Layesa’s 375. Layesa contested the results by filing an election protest, alleging that certain ballots in his favor were erroneously excluded in the canvassing process.

Trial Court Ruling

On August 23, 2002, the Municipal Trial Court ruled that the results were tied, declaring both candidates as having secured 390 votes each after revising contested ballots. The court directed a drawing of lots to decide the winner. Velasco appealed this decision to the Commission on Elections (COMELEC), claiming errors in the trial court's crediting of additional votes to Layesa.

COMELEC Second Division Ruling

On February 10, 2003, the COMELEC Second Division upheld the trial court’s ruling, applying the "neighborhood rule" in its appreciation of certain ballots. Both parties filed motions for reconsideration, with Velasco specifically objecting to five contested ballots, arguing that three of them represented stray votes.

COMELEC En Banc Ruling

The COMELEC En Banc, in a resolution dated January 18, 2005, affirmed the earlier ruling of the Second Division, stating that the votes for Layesa in Exhibits "9" and "13" were valid under the neighborhood rule, while reaffirming the decision regarding other challenged ballots. It denied reconsideration of the Second Division's findings.

Legal Issue

The legal question at hand is whether COMELEC properly credited Layesa with the votes cast on the disputed three ballots—Exhibits "9," "10," and "13."

Supreme Court Ruling

The Supreme Court partly granted the petition, determining that the vote cast for Layesa in Exhibit "10" is valid, whereas the votes in Exhibits "9" and "13" are classified as stray votes.

Application of Ballot Appreciation Rules

In assessing the contested ballots, the Court referenced the "neighborhood rule," derived from Section 211(19) of the Omnibus Election Code, which addresses votes for candidates inappropriately placed outside of designated areas on the ballot. According to this section, votes cast for a candidate who has not filed a candidacy or inappropriately marked ballots are considered stray and do not invalidate the entire ballot.

Evaluation of Exhibits

  • Exhibit "10": The Court ruled this ballot as valid due to the clarity of the voter’s intent shown through the use of the word "Charman" next to the respondent's name, suggesting the voter's intent to vote for Layesa for Punong Barangay.

  • Exhibits "9" and "13": The Court found these ballots as stray s

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