Bautista vs. COMELEC, G.R. No.

133840, November 13, 1998

FACTS:
Petitioner Cipriano “Efren” Bautista, a mayoralty candidate in Navotas petitioned the COMELEC
to declare a certain Edwin “Efren Bautista, a nuisance candidate. The latter was accordingly
declared a nuisance candidate by the COMELEC. However, because a motion for reconsideration
was filed by Edwin Bautista, his disqualification did not become final until three clays after
elections. In view thereof, the name of Edwin was excluded from the list of candidates for Mayor.
But on election day, his name was included again in the list. Later that same day, such name was
again stricken off the list. Thus, as per petitioner’s request, the COMELEC ordered that the votes
cast for “Efren”, “Efren Bautista”, and “Bautista” be declared stray votes but to segregate such
stray votes into a separate improvised tally sheet in order to count the total stray votes. When the
canvass of the election returns was commenced, the Municipal Board of Canvassers refused to

m
canvass as part of the valid votes of petitioners the “stray votes” or the separate tallies of votes. In

er as
view of this refusal, petitioner filed a

co
eH w
Petition with the COMELEC to declare such proceedings illegal.

o.
rs e
ou urc
ISSUE:
Whether or not the proceedings of the Municipal Board of Canvassers is illegal.
o
aC s
vi y re

HELD: A stray vote is invalidated because there is no way of determining the real intention of the
voter. This is, however, not the situation in the case at bar. Factual circumstances and logic dictated
that the “Bautista” and “Efren‟ votes which were mistakenly deemed as „stray votes” refer to only
one candidate, herein petitioner. True it is, the disqualification of Edwin Bautista was not yet final
ed d

on election day. However, it is also true that the electorate of Navotas was informed of such
ar stu

disqualification. The voter had constructive as well as actual knowledge of the action of the
COMELEC delisting Edwin Bautista as a candidate for mayor.
sh is
Th

https://www.coursehero.com/file/42397654/Digest-Bautista-vs-COMELEC-GR-No-133840pdf/

Powered by TCPDF (www.tcpdf.org)