Cited Laws
Accordingly, in its decision promulgated on 27 July 2000, [12] the HRET, by a vote of 5-4, (1) ruled that QUINTOS obtained 51,465 votes, while VILLAROSA garnered 48,617 votes; (2) declared QUINTOS as the duly elected Representative of the Lone District of Occidental Mindoro, having obtained the highest number of votes with a margin of 2,848 votes over VILLAROSA; and (3) ordered VILLAROSA to vacate her office at the House of Representatives. The HRET maintained that the issue of whether to count in favor of VILLAROSA votes for JTV or its variations necessitated a determination of whether VILLAROSA was in fact generally or popularly known as such in the locality of Occidental Mindoro. The HRET held against VILLAROSA for various reasons. First, in her affidavit asking for the insertion of GIRLIE between her given name and surname she stated that she was known as GIRLIE in every barangay of the Province of Occidental Mindoro. This is an admission that, indeed, her nickname is not JTV but GIRLIE. In fact, votes cast for GIRLIE were credited in her favor. Hence, the counting in her favor of ballots bearing JTV votes on the line for Representative would be tantamount to injustice because that would allow VILLAROSA to use two nicknames, GIRLIE and JTV, which would be in violation of the second paragraph of Section 74 of the Omnibus Election Code allowing candidates to use only one nickname or stage name by which they are generally or popularly known in the locality. Moreover, Rule 13, Section 211 of the Omnibus Election Code on appreciation of ballots provides: The use of nicknames and appellations of affection and friendship, if accompanied by the first name or surname of the candidate, does not annul such vote, except when they were used as a means to identify the voter, in which case the whole ballot is invalid; Provided , That if the nickname used is unaccompanied by the name or surname of a candidate and it is the one by which he is generally or popularly known in the locality, the name shall be counted in favor of said candidate, if there is no other candidate for the same office with the same nickname. The HRET thus agreed with the COMELEC in its resolution [13] that disallowed VILLAROSA to use JTV as a nickname because the same was not her nickname with which she was popularly known. In other cases the COMELEC en banc in its Resolution No. 95-0707 of 9 February 1995 required the following senatorial candidates in the 8 May 1995 elections to submit other names considering that the nicknames or stage names they submitted were not acceptable under the law for purposes of their candidacy: Juan Flavier, who submitted the nickname Lets DOH it, which is a slogan of the Department of Health and not the nickname of a person; Rodolfo Biazon, who submitted the nickname General, which cannot refer to Rodolfo Biazon only; Gloria Macapagal-Arroyo, who submitted the nickname GMA, which is more associated with Channel 7; and Sergio Osmeñ