G.R. No. 187013 - Spouses Badilla vs. Bragat

This case is an election contest over the office of provincial governor of Antique following the November 11, 1947 election.
The provincial board of canvassers initially declared Alberto A. Villavert elected with a majority of 60 votes.
Tobias Fornier filed a protest, and the trial court declared him elected with a 36-vote majority.
Villavert appealed to the Court of Appeals, which also found Fornier the winner by 28 votes.
Villavert petitioned the Supreme Court via certiorari to review the Court of Appeals’ decision, especially concerning certain ballots where his name was written not on the designated dotted line but on a double line immediately above the "Provincial Governor" text on the ballot.

Forty ballots had the name Villavert written on the double line above the office title, not on the prescribed dotted line.
Five other ballots (Exhibits V-549, V-665, V-691, V-905, V-1018) were similarly marked but rejected by the Court of Appeals.
Thirteen ballots were rejected for the name being written where it was unclear or in spaces meant for other offices.
Three ballots with names similar but not identical to Villavert’s were rejected.
Seven ballots with names that were misspelled but still identifiable as Villavert were contested.
Six ballots were rejected as marked ballots; Villavert argued some should be counted.
Eight ballots rejected due to various irregularities involving improper writing or placement of names.

Legitimacy of 15 votes by leprosarium confined voters, rejected by trial court, admitted by Court of Appeals.
Legitimacy of 122 ballots counted for Villavert but allegedly marked or otherwise invalid.
Legitimacy of 132 ballots challenged on identification or legibility grounds.
Legitimacy of ballots allegedly written by multiple persons or by one person for multiple voters.
Questions on validity of some ballots due to erasures or content inserted after voting.
Questioning counting of certain ballots as votes for the appellee on grounds of marking or voter intention.
Rejection of ballots allegedly not voted for appellee due to spelling inaccuracies.
Challenges to counting of ballots allegedly prepared by same person or marked as spoiled but placed mistakenly.

Court of Appeals had Fornier winning by 28 votes before adjustments.
After reassessment of ballots credited Villavert with 53 additional votes and Fornier with 32 additional votes.
Final count had Fornier leading by 7 votes.

Whether ballots with the candidate’s name written on the double line immediately above the dotted line reserved for the office of provincial governor should be counted as valid votes.
Whether ballots with the candidate’s name written in spaces reserved for other offices or with dubious marks identify valid votes.
The validity of votes cast by patients confined in a leprosarium not officially appearing as registered voters in their respective municipalities.
Whether ballots marked with additional words or names, or with votes written by multiple persons, should be considered valid.
Whether ballots containing misnomers, misspelled names, or names not precisely the same as the candidate’s should still be counted.
Validity of ballots allegedly prepared by voters for others or alleged fraudulent ballots.
Whether ballots previously rejected as marked, spoiled, or improperly filled should be reconsidered.
Whether the Court of Appeals’ factual findings on ballot validity should be disturbed by the Supreme Court.