G.R. No. L-7013 - Ferdo vs. Maglanoc

Case Summary (G.R. No. L-7013)

Factual Background

The parties contested the elective office of Mayor of Coron, Palawan, following the municipal elections of November 13, 1951. After returns from all precincts were canvassed, the Municipal Board of Canvassers proclaimed Carlos Amores mayor-elect with a plurality of 212 votes on November 26, 1951. Three precincts located in the island of Culion, numbered Nos. 16, 16-A and 16-B, reported votes of 39 for Simeon Macolor and 430 for Carlos Amores. When those precinct returns were added to returns from the other precincts, the protestee led by 212 votes; without the Culion precincts the protestant led by 179 votes.

Procedural History

Protestant instituted an election contest in the Court of First Instance of Palawan seeking to annul the votes cast in precincts Nos. 16, 16-A and 16-B on the ground that they were illegal. The trial court rendered judgment sustaining the protestant’s contention, declared the votes cast in the three Culion precincts illegal, and held Simeon Macolor mayor-elect with a plurality of 179 votes. The protestee appealed from that judgment to the Supreme Court.

Issue Presented

The sole question before the Court was whether the votes cast in precincts Nos. 16, 16-A and 16-B, situated within the Culion Leper Colony and under the jurisdiction of the Department of Health, were legally cast and therefore properly included in the canvass for municipal officers of Coron.

Trial Court Ruling

The lower court held that the votes cast in the three Culion precincts were illegal because the persons who voted therein were residents of the Culion Leper Colony, a national reservation under exclusive administrative control of the Department of Health, and therefore not entitled to participate in elections for municipal officials of Coron. The trial court annulled those precinct returns and declared Simeon Macolor mayor-elect.

Supreme Court Ruling and Disposition

The Supreme Court affirmed the decision appealed from. The Court declared illegal the votes cast in precincts Nos. 16, 16-A and 16-B and upheld the trial court’s declaration that Simeon Macolor was mayor-elect of Coron with a plurality of 179 votes. The Court made no pronouncement as to costs.

Legal Basis and Reasoning

The Court traced the legal status of the Culion Leper Colony to Executive Order No. 35 of August 22, 1904, which withdrew all public land on the island of Culion and reserved it for establishment of a leper colony. The Court relied on the implementing provisions embodied in Sections 1066, 1067 and 1068 of the Revised Administrative Code, which placed the Culion reservation under the administrative control of the Department Head, to be exercised through the Director of Health, and vested the Secretary of Health with authority to “make, promulgate, and enforce in and for said reservation, and in or upon the waters thereof, such rules and regulations, consistent with law, as may be necessary for the efficient control, protection, and management of the Culion Leper Colony.” The Code also clothed the chief of the Culion leper colony division with powers of justice of the peace and ex‑officio notary public and regulated landing and travel within the reservation.

From these provisions the Court concluded that the Culion Leper Colony constituted a national reservation with an administrative organization separate and distinct from the municipal government of Coron. The exclusive jurisdiction conferred upon the Department of Health included the authority necessary to maintain internal discipline and promote the health and welfare of the inmates, and it negated the premise that persons within the reservation remained subject to municipal government control for political purposes.

Application of the Right of Suffrage

The Court considered whether the inmates of the Culion reservation could exercise the right of suffrage and, if so, for what elective offices. The Court observed that the repeal by Republic Act No. 599 of Sections 14 and 15 of the Revised Election Code did not imply an intent to deprive lepers of the right to vote. The Court reasoned that the repeal restored the preexisting silence of the law regarding leprosaria and voting and that nothing in the law disqualified persons from voting solely because of their ailment. The determinative question was residence.

Relying on Alcantara vs. Secretary of the Interior, the Court held that residents confined in the Culion Leper Colony could have the requisite residence for voting purposes if they manifested desire to vote and had resided there for six months prior to the election. The Court quoted the Alcantara decision to reject the view that confinement and intention to return to former homes defeated residence for voting purposes.

Limitation to National Elections

Although the Court recognized the voting qualification of lepers for elections where residence sufficed, it concluded that, because the Culion reservation was administratively and politically detached from the municipality of Coron, the inmates could not participate in elections for municipal officials of Coron. The Court grounded this limitation on the principle that the right of suffrage is predicated on the connection between those who bear the burdens of government and those who choose its officials. By analogy to Teves vs. Commission on Elections, where

Case Syllabus (G.R. No. L-7013)

Parties and Procedural Posture

Simeon Macolor, Protestant and Appellee, contested the election of Carlos Amores, Protestee and Appellant, to the office of Mayor of Coron, Palawan.
The contest was filed in the Court of First Instance of Palawan following the November 13, 1951 elections.
The Municipal Board of Canvassers proclaimed the protestee mayor-elect on November 26, 1951 with a plurality of 212 votes.
The lower court declared illegal the votes cast in precincts Nos. 16, 16-A, and 16-B and consequently declared the protestant mayor-elect with a plurality of 179 votes.
The protestee appealed the lower court decision to the Court which rendered the present opinion.

Key Factual Allegations

The candidates for Mayor of Coron were the protestant and the protestee in the November 13, 1951 election.
In the three precincts situated in Culion (Nos. 16, 16-A, and 16-B) the protestant received 39 votes and the protestee received 430 votes.
In the other precincts of the municipality the protestee received 444 votes and the protestant received 623 votes.
Including the Culion precincts produced a plurality of 212 for the protestee, while excluding them produced a plurality of 179 for the protestant.
The three Culion precincts are located within the Culion Leper Colony which had been placed under the jurisdiction of the Department of Health.

Statutory Framework

Executive Order No. 35 (August 22, 1904) withdrew all public land within the island of Culion and reserved it for establishment of a leper colony and related purposes.
Sections 1066, 1067, and 1068 of the Revised Administrative Code vested administrative control of the Culion reservation in the Department Head to be exercised through the Director of Health and authorized rules and regulations for control, protection, and management.
Sec. 1067 specifically clothed the Chief of the Culion leper colony division with powers of justice of the peace and ex-officio notary public for the reservation.
Sec. 1068 prohibited landing on or visiting the reservation without written permit from the chief of the Culion leper colony division.
Republic Act No. 599 repealed Sections 14 and 15 of the Revised Election Code (Republic Act No. 180), which formerly contained express procedures for the suffrage of patients confined in leprosaria.

Issues Presented

Whether the votes cast in precincts Nos. 16, 16-A, and 16-B in the Culion Leper Colony were legally cast and properly counted in the municipal election of Coron.
Whether the inmates of the Culion Leper Colony could exercise the right of suffrage and, if so, the extent to which that right applied to municipal elections.

Contentions of Parties

The protestant contended that the votes cast in the Culion precincts were illegal because the voters were residents of the Culion national reservation subject to the exclusive jurisdiction of the Department of Health.
The protestee contended