Case Digest (G.R. No. 63510)
Facts:
- Aurelio Aleman (petitioner) and Nicanor Caramba (private respondent) were candidates for Barangay Captain in Mialen, Clarin, Misamis Occidental during the May 17, 1982 elections.
- Aleman was proclaimed the winner with 393 votes, while Caramba received 358 votes, resulting in a 35-vote margin.
- On May 24, 1982, Caramba filed an election protest, claiming non-registered voters voted and that some ballots were miscounted in Aleman's favor.
- Aleman denied the allegations, asserting that all voters were registered and verified by the Commission on Elections (COMELEC).
- The Municipal Circuit Court invalidated 12 of Aleman's votes, reducing his total to 381, but he still led by 23 votes.
- Caramba appealed, and on December 27, 1982, the Court of First Instance invalidated an additional 26 votes from Aleman's tally, declaring Caramba the winner with 358 votes.
- Aleman contested the deductions, arguing there was no evidence for the invalidated votes.
- Judge Glicerio V. Carriaga, Jr. denied Aleman's motion for reconsideration, relying on the presumption of thorough review by the retired Judge Melecio Genato.
- The Supreme Court issued a Temporary Restraining Order to prevent Caramba from assuming office pending resolution.
- The Supreme Court decided to recount the ballots to determine the true will of the electorate.
Issue:
- (Unlock)
Ruling:
- Yes, the Court of First Instance erred in invalidating the votes based on the claims presented.
- No, there was insufficient evidence to justify the deductions from Aleman's total votes. ...(Unlock)
Ratio:
- The Supreme Court found that the Court of First Instance made errors in its judgment r...continue reading
Case Digest (G.R. No. 63510)
Facts:
The case involves Aurelio Aleman as the petitioner and Nicanor Caramba as the private respondent, with the Honorable Melecio Genato (retired) and Honorable Glicerio V. Carriaga, Jr. as respondents. The events leading to this case began with the Barangay elections held on May 17, 1982, in Mialen, Clarin, Misamis Occidental. During this election, Aurelio Aleman and Nicanor Caramba were candidates for the position of Barangay Captain. Following the election, the Board of Canvassers proclaimed Aleman as the duly elected Barangay Captain, having received 393 votes compared to Caramba's 358 votes, resulting in a margin of 35 votes in favor of Aleman.
On May 24, 1982, Caramba filed an election protest against Aleman before the Municipal Circuit Court of Clarin-Tudela, Misamis Occidental. He alleged that non-registered voters were allowed to vote in certain precincts and that several ballots were incorrectly counted in Aleman's favor. Aleman denied these allegations, asserting that the voters in question were indeed registered and had been verified by the Commission on Elections (COMELEC).
After a hearing, the Municipal Circuit Court invalidated 12 votes from Aleman's total, reducing his count to 381 votes. Despite this deduction, Aleman still maintained a lead of 23 votes over Caramba. Caramba appealed the decision, and on December 27, 1982, the Court of First Instance invalidated an additional 26 votes from Aleman's tally, citing that they were cast by "flying voters.&quo...