William Ong

vs.
Commission On Election and
Isagani Rizon
Instances where Ballots not considered marked

Ong vs. COMELEC

Facts:
Petitioner Ong and Respondent Rizon were
candidates for the position of mayor of
the municipality of Baroy, Lanao del Norte
during the 1998 elections.
The municipal board of canvassers
proclaimed Ong as the winner with a
margin of 51 votes
Respondent filed with the RTC an election
protest, contesting petitioners votes in 5
clustered precincts.

Ong vs. COMELEC

RTC rendered a decision annulling 45 votes for
petitioners and invalidating 2 votes for
respondent. Reducing the petitioners lead to 8
votes
Respondent appealed to the COMELEC 2nd division,
which promulgated a resolution declaring the trial
court to have committed serious reversible errors
in the appreciation of the contested ballots.
Invalidating 63 votes for petitioner and 8
votes for respondent, resulting to a 4 lead
votes in favor of respondent.
COMELEC en banc affirmed the resolution of the
2nd division but reduced by 1 vote the lead of the
respondent.

Ong vs. COMELEC

Issue:
Whether the 61 votes of Petitioner
Ong and 7 votes of Respondent Rizon
should be invalidated?

Ong vs. COMELEC

Ruling: Partially Yes/No
Unless it should clearly appear that they
have been deliberately put by the voter
to serve as identification marks,
comma, dots, lines, or hyphens between the
first name and surname of a candidate, or
in other parts of the ballot, the first letters
or syllables of names which the voter does
not continue, the use of two or more
kinds of writing and unintentional or
accidental flourishes, strokes or
strains, shall not invalidate the ballot

Ong vs. COMELEC

Invalidate a ballot
Deliberate intentions to put an
identification mark (DLR, DOLLINS, GINA,
EVA, SOSANG TORIS, SUBANG BULAC,
PACITE, PACETE, LOS, LUZ, BONG, NORMAN,
RIC, VIA, NOEL, ALONG RARO, AMEN,
NANIG, SABAS, MIMIG, etc..) Non
Candidates
Evident intent to mark the ballot
Irrelevant, unnecessary and impertinent words
meant to identify the voter

Written by two persons

Ong vs. COMELEC

Does not Invalidate a ballot
The use of two or more kinds of writing
Stray votes shall not invalidate the whole ballot
Mistaken as candidates (FPJ, RJ, Kris, APEC, X-MEN,
LIM, DAYO, etc)

Incorrect spelling of the candidates name

Writing partly in script and in print
Written Appellation and affection
Name of candidate councilor in the lines for
senators
Erasures
Wrong Spelling of candidates name

Ong vs. COMELEC

Petitioner shall be credited with 22

votes and deducted with 2 votes,
while respondent shall be credited
with 7 votes and deducted with 2
votes
Petitioner Ong won by a margin of 12
votes