Title
Borja vs. De Leon
Case
G.R. No. L-20245
Decision Date
Sep 30, 1963
Borja contested De Leon's mayoral win in Gapan, alleging fraud. After recounts and appeals, courts upheld De Leon's victory, affirming appellate authority to examine ballots *motu proprio* to ensure electoral integrity.
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Case Digest (G.R. No. L-20245)

Facts:

Election and Initial Proclamation:

  • Tomas A. Borja and Dioscoro de Leon were candidates for the office of mayor of Gapan, Nueva Ecija, in the elections held on November 10, 1959.
  • On November 18, 1959, the municipal board of canvassers proclaimed De Leon as the duly elected mayor with a plurality of 96 votes over Borja (De Leon: 4,873 votes; Borja: 4,777 votes).

Election Protest and Counterprotest:

  • On November 23, 1959, Borja filed an election protest before the Court of First Instance of Nueva Ecija, alleging fraud and irregularities in Precincts Nos. 1, 16, 22-A, 28, 28-A, 32, 32-A, 33, 33-A, 34, 35, 36, 36-A, 36-B, 36-C, and 36-D.
  • De Leon filed a counterprotest, contesting the election results in Precincts Nos. 2, 2-A, 3, 4, 4-A, 5, 6, 6-A, 7, 7-A, 8, 10, 10-A, 10-B, 11, 12, 14, 17, 18, 19, 19-A, 19-B, 20, 21, 21-A, 21-B, 21-C, 22, 23, 23-A, 23-B, 24, 24-A, 25, 26-A, and 27.

Trial Court Decision and Recount:

  • After trial, the Court of First Instance declared De Leon the duly elected mayor with a plurality of 35 votes.
  • Borja filed a motion for reconsideration, alleging that the court erroneously credited him with only 119 votes in Precinct No. 22-A, instead of the 146 votes actually counted in his favor during the hearing on January 22, 1960.
  • The court ordered a recount of the ballots in Precinct No. 22-A, confirming that Borja received 146 votes. Consequently, the court amended its decision, declaring De Leon the elected mayor with a plurality of 8 votes.

Appeal to the Court of Appeals:

  • Both Borja and De Leon appealed the original and amended decisions to the Court of Appeals.
  • De Leon's appeal was dismissed for failure to file his brief, and he was barred from filing a brief as appellee.
  • On May 30, 1962, the Court of Appeals declared De Leon the duly elected mayor with a plurality of 37 votes.
  • Borja filed a motion for reconsideration, arguing that the Court of Appeals acted without jurisdiction by considering over 300 ballots that were not part of his appeal or discussed in his brief. He contended that if these ballots were disregarded, he would have a plurality of 10 votes over De Leon.
  • The Court of Appeals denied the motion for reconsideration, prompting Borja to file the present petition for review.

Issue:

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Ruling:

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Ratio:

  1. Authority of Appellate Courts in Election Cases:

    • The Supreme Court held that appellate courts have the authority to examine ballots motu proprio in election cases, even if they were not specifically assigned as errors in the appeal. This is in line with the principle that election cases involve public interest, and the primary objective is to ascertain the true will of the electorate.
    • The Court emphasized that technicalities or procedural barriers should not hinder the administration of justice in election cases. The Election Law should be liberally construed to ensure that the will of the people prevails.
  2. Duty of Parties in Election Appeals:

    • While it is the duty of the appellant to point out errors in the trial court's revision of ballots, the failure to do so does not preclude the appellate court from examining the ballots to correct any errors and render a just decision.
    • The Court cited Cababasada vs. Valmoria, where it was ruled that an appellate court must correct errors in the trial court's decision, even without an express assignment of error, to ensure substantial justice.
  3. Public Interest in Election Cases:

    • The Court reiterated that election cases involve public interest, and courts have the duty to ascertain the true will of the electorate. This justifies the broad authority of appellate courts to examine ballots and election documents, regardless of whether specific issues were raised by the parties.
  4. Dismissal of Other Assignments of Error:

    • The Court deemed it unnecessary to address Borja's other assignments of error, as the main issue regarding the appellate court's authority to examine ballots motu proprio had already resolved the case.

Conclusion:

The Supreme Court affirmed the decision of the Court of Appeals, upholding the election of Dioscoro de Leon as mayor of Gapan, Nueva Ecija. The Court emphasized the importance of public interest in election cases and the broad authority of appellate courts to ensure the true will of the electorate is upheld, even in the absence of specific assignments of error.


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