ALDO B. CORDIA v. JOEL G. MONFORTE AND COMMISSION ON ELECTIONS380 SCRA 588 (2009), EN BANC (Carpio Morales, J.

) When the intention of the voter cannot be determined with reasonable certainty, the appreciation of contested ballots and election documents, which involves a question of fact, is best left to the determination of the COMELEC. FACTS: Petitioner Aldo B. Cordia (Cordia) and respondent Joel G. Monforte (Monforte) were the official candidates for Punong Barangay in Legazpi City, Albay in the 2002 Elections. The Barangay Board of Canvassers proclaimed Cordia as the winner. Monforte filed an election protest before theMunicipal Trial Courts in Cities (MTCC) for lack of familiarity with the Rules on Appreciation of ballots. The MTCC rendered judgment in favor of Monforte therefore annulling and setting aside the proclamation of Cordia. On appeal, the Commission on Elections (COMELEC) Second Divisionaffirmed the decision of MTCC. The COMELEC En Banc affirmed the decision of the SecondDivision. Cordia questioned such decision and mentioned the alleged mistake in applying the principle of idem sonans when it counted the vote Mantete appearing in the questioned ballot which was written on the space for the position of a kagawad and the ballot with a hole in it caused by a cigarette which Cordiaalleged to be a marked ballot

ISSUE: Whether or not COMELEC made a mistake in the application of the Rules on Appreciation of Ballots. HELD: The object of the 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 COMELEC, in crediting to respondent the vote for Mantete in Exhibit A, following the idem sonans rule, the Court finds no grave abuse discretion. Nor does the Court find grave abuse of discretion in the COMELECs not rejecting Exhibit C-17or the ballot with a hole, as a marked ballot, there being no indication that the blot therein wasdeliberately placed to identify the voter