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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