Facts:

The case of Pedro Abendante vs. Baldomero Relato revolves around an election contest initiated by Pedro Abendante, the protestant, against Baldomero Relato, the protestee, in the Court of First Instance of Camarines Sur. The elections took place on November 13, 1951, where Abendante, representing the Liberal Party, contested the mayoral position of Cabusao, Camarines Sur, against Relato, a candidate from the Nacionalista Party. A significant aspect of this election was the creation of precinct No. 11 within the Bicol Treatment Station, a leper colony situated between Libmanan and Cabusao.

On November 28, 1951, the original Board of Canvassers for Cabusao canvassed the election results but excluded the votes from precinct No. 11, declaring Abendante the mayor-elect with a majority of 56 votes. However, on November 29, 1951, a new Board of Canvassers was formed at the request of the Assistant Provincial Fiscal, which included the votes from precinct No. 11 an...

Facts:

Election Context:

• Pedro Abendante (Liberal) and Baldomero Relato (Nacionalista) contested the mayoralty of Cabusao, Camarines Sur, in the November 13, 1951 elections.
• A leper colony, Bicol Treatment Station, was located between Libmanan and Cabusao, with Precinct No. 11 established there for the elections.

Canvassing and Proclamations:

• On November 28, 1951, the Board of Canvassers excluded the votes from Precinct No. 11, declaring them illegal, and proclaimed Abendante as mayor-elect with a 56-vote majority.
• On November 29, 1951, a new Board of Canvassers included the votes from Precinct No. 11 and proclaimed Relato as mayor-elect with an 82-vote majority.
• On December 17, 1951, the Commission on Elections (COMELEC) revoked both proclamations and ordered the original Board to reconvene, including the votes from Precinct No. 11.
• On December 29, 1951, after reconvening, the Board proclaimed Relato as mayor-elect with 935 votes against Abendante’s 853.

Protest Basis:

• Abendante challenged the validity of the votes from Precinct No. 11, arguing that the leper colony inmates were not qualified voters due to the repeal of Republic Act No. 180, Sections 14 and 15, by Republic Act No. 599, Section 4.

Issue:

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Ruling:

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Ratio:

1. Residency and Qualification of Leprosarium Voters:

   • The Bicol Treatment Station remained part of the municipality of Cabusao, and its inmates were residents of Cabusao unless proven otherwise.
   • Citing Alcantara vs. Secretary of Interior, the Court ruled that lepers confined in such colonies could acquire residency for voting purposes under the circumstances.
   • The Board of Inspectors' decision to include these voters in the registry list was conclusive, as objections to their qualifications should have been raised during the registration period.

2. Authority of COMELEC:

   • COMELEC has exclusive authority to enforce election laws and supervise election officials, including boards of canvassers.
   • The Board of Canvassers’ duty is merely ministerial, and they cannot exclude returns based on the legality of votes.
   • Even if COMELEC’s actions were irregular, Abendante waived his right to challenge them by failing to file a certiorari petition in the Supreme Court.