Are votes for nuisance candidates considered as stray votes? | June 30, 2025

Petitioner filed a petition to declare Aurelio a nuisance candidate on the ground that he filed his certificate of candidacy for the vice-mayoralty position to put the election process in mockery and to cause confusion among voters due to the similarity of his surname with petitioner’s surname.

In the case of Dela Cruz v. COMELEC, G.R. No. 192221, November 13, 2012, the Supreme Court explained what happens to the votes cast for a nuisance candidate whose name was still included or printed in the official ballots on election day. Should the votes cast for such a nuisance candidate be considered stray or counted in favor of the bona fide candidate?

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