CCHOPE ELECTION 2001

IN PARTNERSHIP WITH NAMFREL, PPCRV, VOTECARE AND MAJOR MEDIA ORGANIZATIONS!

 

STRAY VOTES

Stray Votes - Under Rule 14 of Section 211 of the Omnibus Election Code, three kinds of vote are considered stray: (1) a vote containing initials only, (2) a vote which is illegible, and (3) a vote which does not sufficiently identify the candidate for whom it is intended. The only error of the HRET is its ruling that if the votes are in initials only, they are to be considered stray votes if they do not sufficiently identify the candidate for whom the votes are intended. The first category of stray votes under this rule is not to be qualified by the third category in the sense that the votes in initials only may be counted for a candidate provided that the initials would sufficiently identify the candidate voted for. Such construction of the rule fails to give meaning to the disjunctive conjunction or separating the first category from the second, and the second from the third.

En Banc, Chief Justice Davide, Jr., Villarosa v. House of Representatives Electoral Tribunal, G.R. No. 143351, September 14, 2001

 


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Last Updated: Thursday, April 19, 2001 07:30:32 AM