Wednesday, January 9, 2013

Nature of Votes Cast for Nuisance Candidate


COMELEC justified the issuance of Resolution No. 8844 to amend the former rule in Resolution No. 4116 by enumerating those changes brought about by the new automated election system to the form of official ballots, manner of voting and counting of votes.  It said that the substantial distinctions between manual and automated elections validly altered the rules on considering the votes cast for the disqualified or nuisance candidates. 

We hold that the rule in Resolution No. 4116 considering the votes cast for a nuisance candidate declared as such in a final judgment, particularly where such nuisance candidate has the same surname as that of the legitimate candidate, not stray but counted in favor of the latter, remains a good law (Casimira S. Dela Cruz Vs. Commission on Elections and John Lloyd M. Pacete, G.R. No. 192221. November 13, 2012).

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