Case Digest (G.R. No. L-3050)
Facts:
- The case involves Alberto A. Villavert vs. Tobias Fornier, concerning an election contest for the provincial governor of Antique from the elections on November 11, 1947.
- The provincial board of canvassers initially declared Alberto A. Villavert the winner by 60 votes.
- Tobias Fornier, the opposing candidate, filed a protest.
- The trial court found that Fornier actually won by 36 votes, leading to his declaration as the elected governor.
- Villavert appealed to the Court of Appeals, which upheld the trial court's ruling, stating Fornier won by 28 votes.
- Villavert filed a petition for certiorari to the Supreme Court, questioning the rejection of certain ballots.
- The specific issue was whether ballots with Villavert's name written on a double line above the "Provincial Governor" space were valid.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled that the ballots with Villavert's name on the double line were valid votes.
- The Court reversed the Court of Appeals' rejection of several ballots, counting 45 votes for Villavert while upholding the rejection of others.
- The Court validated the 15 votes...(Unlock)
Ratio:
- The Supreme Court emphasized the importance of discerning the voter's intent.
- While the law requires specific ballot completion, strict adherence should not override clear voter intent.
- The Court found that the intention to vote for Villavert was unmistakable, despite the improper placement of his name.
- It referenced Section 135 of the Revi...continue reading
Case Digest (G.R. No. L-3050)
Facts:
The case of Alberto A. Villavert vs. Tobias Fornier revolves around an election contest for the position of provincial governor of Antique, stemming from the elections held on November 11, 1947. The provincial board of canvassers initially declared Alberto A. Villavert as the winner with a majority of 60 votes. However, Tobias Fornier, the opposing candidate, filed a protest. The trial court subsequently found that Fornier had actually secured a majority of 36 votes over Villavert, leading to his declaration as the elected governor. Villavert appealed this decision to the Court of Appeals, which upheld the trial court's ruling, determining that Fornier won by a margin of 28 votes. Villavert then filed a petition for certiorari to the Supreme Court, questioning the rejection of certain ballots by the Court of Appeals. Specifically, the issue at hand was whether the ballots, where Villavert's name was written on a double line above the designated space for "Provincial Governor," were valid. The Court of Appeals had ruled these ballots invalid, stating that the name should have been written on the dotted line directly following the title.
Issue:
- Were the ballots where Villavert's name was written on the double line above the "Provincial Governor" space valid votes?
- Were the other ballots claimed by Villavert valid or invalid based on the...