‘None of the above, the above only’ options in ballot dismissed

INQUIRER FILE PHOTO / RICHARD A. REYES

The Supreme Court has dismissed the petition to include Nota (none of the above) or Tao (the above only) options in the ballots for the coming May 2016 presidential elections.

At a press conference, high court’s Information Chief Theodore Te said the petition filed by Bishop Reuben M. Abante, Atty. Eduardo Bringas, Atty. Amor Perdigon and Moses C. Rivera has been dismissed for lack of merit.

“The Court dismissed outright for lack of merit a petition for mandamus seeking to include…None Of The Above (NOTA)…and The Above Only (TAO) …in the ballot for the May 2016 elections,” Te said.

READ: ‘None of the above,’ ‘the above only’ options in ballot sought

The petitioners wanted Tao and Nota to be included in the ballots as additional options for voters in the upcoming elections.

Petitioners said for the President, Vice President, Governors, Vice Governors, Mayors and Vice Mayors, additional boxes for Nota should be included while for senators and members of the Sangguniang Pang-Lalawigan, Sangguniang Pang-Lungsod and the Sangguniang Bayan, the boxes Tao will be included if less than the number of seats are to be voted and “Nota” if voters choose not to vote for any of the candidates.

Petitioners also told the high court that some sectors wanted to boycott the elections. To prevent such plan would be to include an abstain vote.

They told the high court that the right to vote must not be limited to the choice of candidates appearing in the ballot.

“If this is the case, then there are no free elections because the electorate is being forced to either choose from the list of candidates or is deemed to have chosen not to exercise his right of suffrage,” they added.

Petitioners added that the Nota and Tao votes could be additional safeguards against cheating.

“Moreover, a TAO vote will prevent the automated counting of candidates on ballots where voters voted less than the number of the total seats available for the position e.g., for Senators; Sangguniang Panglalawigan; Sangguniang Panglunsod; and Sangguniang Bayan,” petitioners said.

If the Nota vote wins in the positions of President and Vice President, petitioners said the 1987 Constitution has a solution: if no President was chosen, the Vice President-elect shall act as President until a President shall have been qualified.

Meanwhile, where no President and Vice President shall have been chosen, the Senate President or the Speaker of the House shall act as President until a President or a Vice-President has been chosen. RAM