Title
Garcia vs. Court of Appeals
Case
G.R. No. 157171
Decision Date
Mar 14, 2006
A municipal canvassing chair convicted for intentionally reducing a senatorial candidate's votes by 5,077 in the 1995 elections, upheld by the Supreme Court as mala in se.

Case Digest (G.R. No. 117442-43)
Expanded Legal Reasoning Model

Facts:

  • Background
    • In the May 8, 1995 senatorial elections, private complainant Aquilino Q. Pimentel, Jr. ran for the Senate.
    • A complaint‐affidavit by Pimentel alleged that during the canvassing on May 11, 1995 in Alaminos City, Pangasinan, Municipal Board of Canvassers members Arsenia B. Garcia (Chairman), Renato R. Viray (Secretary), Herminio R. Romero (Member), and tabulators Rachel Palisoc and Francisca de Vera conspired to decrease Pimentel’s votes from 6,998 (per precinct statements) to 1,921 (per Certificate of Canvass), a shortfall of 5,077 votes, in violation of Section 27(b) of R.A. 6646.
  • Procedural History
    • The RTC of Alaminos City (Br. 54) acquitted all accused except Garcia, convicting her under R.A. 6646 § 27(b): imposed maximum 6 years, minimum 6 months (indeterminate), disqualification from office, and deprivation of suffrage.
    • The Court of Appeals (CA‐G.R. CR No. 24547) affirmed with modification, raising the minimum penalty from 6 months to 1 year; denied reconsideration.
    • Garcia petitioned the Supreme Court, assigning errors:
      • CA’s reliance on speculation as to who decreased the votes.
      • Alleged failure to produce adding‐machine tapes at trial.
      • Assertion that entering the reduced figure was Viray’s duty, not Garcia’s.
      • Denial of willfulness or intent to decrease the votes.

Issues:

  • Whether a violation of Section 27(b), R.A. 6646 is mala in se or mala prohibita.
  • Whether good faith or lack of criminal intent can constitute a valid defense.
  • Whether the evidence sustains a finding that Garcia willfully and unlawfully decreased Pimentel’s votes.
  • Whether the CA properly rejected Garcia’s procedural and evidentiary objections (e.g., non-production of tapes).

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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