Case Digest (G.R. No. 25816)
Facts:
Fortunato Bulan v. Primo Gaffud, G.R. No. 25816, February 01, 1927, the Supreme Court En Banc, Ostrand, J., writing for the Court. The petitioner-appellant was Fortunato Bulan; the respondent-appellee was Primo Gaffud.At the June 2, 1925 general election in the Province of Isabela, the provincial board of canvassers declared Primo Gaffud elected governor with 1,706 votes, a plurality of 335 over Fortunato Bulan. Bulan filed an election protest in the Court of First Instance of Isabela. After a review of ballots and returns, the trial court found that Gaffud had actually received 1,788 valid votes and Bulan 1,396, adjudging Gaffud duly elected and entitled to possession. Bulan appealed that decision to the Supreme Court.
Bulan assigned seven errors, principally alleging pervasive irregularities, illegalities and fraud in specified precincts (three precincts in Echague, one precinct in Jones, and one precinct in Santiago) and challenging the validity of 180 ballots (and several exhibits) counted for Gaffud. The trial court had sustained many of the ballots and rejected protests to the extent indicated in its findings. Bulan contended the precinct irregularities and the inclusion of disputed ballots were sufficient to annul elections in the precincts or to reverse the result.
The Supreme Court considered (a) the precinct-specific claims of irregularities and fraud, (b) the specific ballot contests including ballots placed in wrong receptacles, misspelled names, ballots for persons not registere...(Subscriber-Only)
Issues:
- Are the alleged irregularities, illegalities, and fraudulent practices in the specified precincts sufficient to annul the election in those precincts and thereby affect the election result?
- Are the disputed ballots (including ballots found in spoiled-boxes, ballots with misspelled candidate names, and ballots casting votes for persons not registered as candidate...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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