Tuesday, February 24, 2009

JUAN V. COMELEC (ELECTION, REMEDIAL)


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 of appreciation of ballots is to ascertain and carry into effect the intention of the voter, if it can be determined with reasonable certainty. When placed in issue, the appreciation of contested ballots and election documents which involves a question of fact is best left to the determination of the COMELEC.

The SC is not a trier of facts. The Court's jurisdiction to review decisions and orders of the COMELEC on this matter operates only upon a showing of grave abuse of discretion on the part of the COMELEC. Verily, only where grave abuse of discretion is clearly shown shall the SC interfere with the COMELEC's judgment. Proof of such grave abuse of discretion is found wanting in this case.



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