Case Digest (G.R. No. 32910)
Facts:
Simeon Y. Abiera v. Simeon P. Abiera, G.R. No. 32910, July 22, 1930, the Supreme Court, Villa-Real, J., writing for the Court (Avancena, C.J., Malcolm, Ostmnd, Johns and Romualdez, JJ., concur.). The case is an election contest arising from the June 5, 1928 general elections in the Municipality of Dao, Province of Antique.The parties are Simeon Y. Abiera (contestant and appellant) and Simeon P. Abiera (contestee and appellee). Both were candidates for municipal president in 1928; each filed a certificate of candidacy that included the names by which he was "generally known" or which he claimed. The contestee had previously been elected municipal president in 1925 and in his prior and 1928 certificates stated he was known as (among others) "Simeon Abiera" and "S. Abiera." The contestant's 1928 certificate listed several alternative names but did not state that he was known simply as "Simeon Abiera" or "S. Abiera."
The municipal board of canvassers returned 480 votes for Simeon P. Abiera and 446 for Simeon Y. Abiera, proclaiming the former elected. The contestant filed a protest in the Court of First Instance of Antique. After notice and answer, the trial court heard evidence and adjudged the contestee lawfully elected with a reduced majority of 15 votes, dismissing the protest with costs. The contestant appealed to the Supreme Court, assigning multiple errors challenging the trial cour...(Pro-only)
Issues:
- Under the Election Law (Sec. 404), may a candidate who previously held the office and declared prior use of a plain form of name (e.g., "Simeon Abiera" or "S. Abiera") claim ballots cast in that plain form against another candidate who did not make the same claim?
- May ballots bearing misspellings or variant forms that are idem sonans (e.g., "Simon Abra," "Simio Abera," "Simeon B. Abiera") be counted for the contestee?
- Are ballots bearing alternative surnames or maternal names, initials, or clearly intended spellings (including ballots mistakenly deposited in the spoiled-ballot box) to be adjudicated for the...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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