Facts:

• The case involves a dispute over the election of the municipal president of Ternate, Cavite.
• The appellant, Vicente Olano, filed a protest against the election of the protestee, Bernardino Tibayan.
• The trial court held that Tibayan obtained 261 legal votes, while Olano obtained 227 legal votes, resulting in Tibayan being elected with a plurality of 34 votes.

Issue:

• (Unlock)

Ruling:

The Supreme Court ruled in favor of Olano and reversed the judgment of the trial court. The Court held that the trial court erred in rejecting the 35 ballots of Olano, which were found in the valid-ballot box and counted for him by the board of inspectors. The fact that these ballots were prepared by one person did not invalidate them, as there was no evidence to prove th...(Unlock)

Ratio:

The Court explained that the trial court has the jurisdiction to examine the legality of the ballots, even if neither party raised the issue of their illegality. The institution of suffrage is a public interest, and the trial court has the authority to determine which ballots are legal and which are illegal....continue reading