Title
Caraecle vs. Court of Appeals
Case
G.R. No. L-6589
Decision Date
Jan 29, 1954
Election protest over mayoral race in Malangas, Zamboanga (1951); contested ballots scrutinized for voter intent, marked ballots invalidated; Supreme Court adjusted vote plurality, affirmed Castillo's victory.

Case Digest (G.R. No. L-6589)

Facts:

  • Background of the Election
    • The municipal board of canvassers tallied votes in the mayoral election in Malangas, Province of Zamboanga, held on 13 November 1951.
      • Eligio Caraecle obtained 636 votes.
      • Felix del Castillo obtained 612 votes.
    • Both candidates subsequently initiated electoral protests.
      • Felix del Castillo (protestant) filed a protest contesting 39 ballots counted in favor of Caraecle.
      • Eligio Caraecle (protestee) filed a counter protest contesting 37 ballots counted in favor of Castillo.
  • Proceedings and Vote Adjustment
    • Trial Court Determination
      • The Court of First Instance of Zamboanga examined the contested ballots.
      • It declared 28 out of 37 contested ballots valid in favor of Castillo and 16 out of 39 valid in favor of Caraecle.
    • Computation of the Final Vote Count
      • Uncontested votes were recorded as 601 for Castillo and 596 for Caraecle.
      • Adding the admitted contested votes resulted in:
        • 601 + 28 = 629 votes for Castillo.
        • 596 + 16 = 612 votes for Caraecle.
      • This produced a plurality in favor of Felix del Castillo.
    • Appeal and Review
      • Both parties appealed the trial court’s judgment.
      • The Court of Appeals affirmed the decision, modifying only the numerical plurality determinations.
      • The case eventually reached the Supreme Court for final review.
  • Contested Ballot Issues
    • Ballot B-15 (Precinct No. 1)
      • The ballot carried the inscription “Cebarle” on the space for mayor.
      • The controversy centered on whether “Cebarle” was phonetically equivalent to “Caraecle.”
      • An additional note on the ballot (“Mayor Castillo” on a space designated for Senators) complicated the interpretation.
    • Ballot B-16 (Precinct No. 1)
      • The ballot did not have a mark in the prescribed space for mayor.
      • Instead, it bore the words “Mayor” on the third space for councilors and “F. del Castillo” on the fourth space.
      • The inconsistency raised the issue whether the voter’s intention for Castillo should be inferred.
    • Ballot A-2 (Precinct No. 1-A)
      • Although it contained marks indicating votes for various candidates, the name of Caraecle was written in Arabic while others were in Roman characters.
      • This disparity led to questioning the ballot’s validity.
    • Ballot A-4 (Precinct No. 7)
      • The ballot had the capital letters “MBDC” written on the third space for Senators.
      • The inscription was seen as an impertinent identification mark rather than a directive vote.
    • Other Marked Ballots
      • Several other ballots (identified as A-1, A-2, A-1, A-6, A-1, A-2, and A-3 from various precincts) contained impertinent or extraneous notations.
      • The trial court rejected these as marked ballots on the ground that such writings vitiated the ballot.
  • Final Outcome and Cost Implications
    • After all adjustments and reassignments (including the allocation of ballot B-15 and the rejection of certain marked ballots), the final vote count favored Felix del Castillo by a plurality of 16 votes.
    • The decision similarly included the imposition of costs against the protestee, Eligio Caraecle.
    • Concurrence was expressed by several justices, affirming the multi-level judicial findings.

Issues:

  • Validity of Contesting Specific Ballots
    • Whether ballot B-15, which bore the inscription “Cebarle,” should be counted in favor of Caraecle.
      • Consideration of phonetic equivalence to “Caraecle.”
      • Analysis of the additional inscription “Mayor Castillo” written in a space not designated for the mayor.
    • Whether the contested ballots (B-16, A-2, and A-4) should be deemed valid votes for the respective candidates.
      • On ballot B-16, if the marks on non-designated spaces conclusively indicate the voter's intent for Castillo.
      • On ballot A-2, whether the mixing of Arabic and Roman characters affects the integrity of the vote.
      • On ballot A-4, whether the impertinent inscription “MBDC” invalidates the ballot.
  • Interpretation of the Voter’s Intent
    • How strictly the courts must adhere to the designated spaces on the ballot.
    • The extent to which extraneous or impertinent writings on the ballot may override the apparent voter’s intention.
  • Costs and Discretion of the Courts
    • Whether the taxing of costs against the protestee was proper under the provisions of section 180 of the Revised Election Code.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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