Case Summary (G.R. No. 46863)
Key Dates
- December 14, 1937: General election for municipal offices.
- December 27, 1937: Respondent filed election protest before the Court of First Instance (CFI) of Camarines Norte.
- December 7, 1938: CFI upheld Moya’s election with a 91-vote plurality.
- July 13, 1939: Court of Appeals (COA) reversed and declared del Fierro elected by three votes.
- November 18, 1939: Supreme Court rendered decision on petition for certiorari.
Applicable Law
- 1935 Philippine Commonwealth Constitution (governing elections in 1937–1939).
- Election Code, Commonwealth Act No. 357, Section 144 (liberal construction of ballots).
- Rules on certiorari under the Judiciary Act.
Background of the Dispute
Following the December 14, 1937 election, the municipal council, acting as board of canvassers, declared Moya elected mayor by 102 votes. Del Fierro protested; the CFI sustained Moya by 91 votes. On appeal, the COA counted disputed ballots in favor of del Fierro and declared him elected by a margin of three votes. Moya’s petition for certiorari challenges the COA’s admission and counting of specific ballots.
Assignments of Error
Moya alleges four categories of error by the COA:
- Admission of eight ballots “inadvertently or contrary to controlling decisions.”
- Admission of three ballots marked “R. del Fierro.”
- Admission of seven ballots marked “Rufino del Fierro.”
- Admission of 72 ballots marked “P. del Fierro.”
Analysis of the Eight Ballots
- Exhibit F-175 (Precinct 2): Any inadvertent mix-up with F-175 (Precinct 1) is technical; the ballot for “Primo/Pimo del Fierro” is admissible for respondent.
- Exhibit F-26 (Precinct 3): Name written “G. T. Krandes”; voter intention is vague despite “Alcalde Pinong del Fierro” appearing elsewhere. Ballot improperly counted and must be rejected.
- Exhibit F-77 (Precinct 2): Bears mark “O.K.” after “M. Lopis” for vice-mayor; no clear indication of intention to vote for del Fierro as mayor. Must be rejected.
- Exhibit F-9 (Precinct 2): Voter wrote Regino Guinto for provincial board, then wrote del Fierro under mayoral space. Intention is clear; admissible.
- Exhibit F-131 (Precinct 1): Name placed on vice-mayor line with an arrow to “Alcalde” printed on the ballot. Clear indication of intent; admissible.
- Exhibit F-7 (Precinct 5): Del Fierro’s name appears among provincial board candidates preceded by “presidinti” and followed by “Bice Culastico Palma, consehal.” Voter clearly intended mayoral vote; admissible.
- Exhibit F-1 (Precinct 2): Christian name on provincial board line, surname on mayoral line; voter intention manifest; admissible.
- Exhibit F-44 (Precinct 2): Reads “Agripino F. Garcia.” The COA reasonably construed “F” as “Fierro” and “Garcia” as contraction “Ga.”; admissible.
Second Assignment: Initial “F” Ballots
Ballots F-119 (Precinct 1), F-24 (Precinct 2), F-6 (Precinct 4) were admitted by COA on the ground that “F” stands for “Pino del Fierro,” a name in respondent’s certificate of candidacy. Although Moya asserts the initial is “R,” the Supreme Court examined photostats and declines to disturb the COA’s finding. Assignment overruled.
Third Assignment: “Rufino del Fierro” Ballots
Seven ballots bearing the name “Rufino del Fierro” were admitted. No other mayoral candidate bore that name; surname clearly identifies respondent; voter intent is unmistakable. COA’s admission upheld.
Fourth Assignment: “P. del Fierro” Ballots
Seventy-two ballots marked “P. del Fierro” were credit
...continue readingCase Syllabus (G.R. No. 46863)
Facts of the Case
- Parties: Irineo Moya (petitioner) and Agripino Ga. del Fierro (respondent), candidates for mayor of Paracale, Camarines Norte.
- Election date: December 14, 1937; municipal council proclaimed Moya winner by 102 votes.
- Protest filed by del Fierro on December 27, 1937, in the Court of First Instance of Camarines Norte.
- December 7, 1938: Trial court sustained Moya’s election, awarding him a 91-vote plurality.
- Court of Appeals (July 13, 1939): Reversed trial court and declared del Fierro winner by three votes.
- Petition for review by certiorari brought by Moya, challenging the Court of Appeals’ counting of certain ballots.
Procedural History
- Municipal board of canvassers proclamation in favor of Moya (102-vote majority).
- Court of First Instance decision sustaining Moya’s plurality (91 votes).
- Appeal to the Court of Appeals, which awarded victory to del Fierro by three votes.
- Petition for certiorari on July 13, 1939 judgment.
Issues Presented
- Whether the Court of Appeals erred in admitting and counting for respondent:
• Eight ballots allegedly admitted inadvertently or contrary to controlling jurisprudence.
• Three ballots marked “R. del Fierro.”
• Seven ballots marked “Rufino del Fierro.”
• Seventy-two ballots marked “P. del Fierro.”
First Assignment of Error: Eight Disputed Ballots
- Ballot F-175 (Precinct 2): Alleged inadvertent admission; fact question unreviewable on certiorari; if technical mis-numbering, error is immaterial.
- Ballot F-26 (Precinct 3): “G. T. Krandes” written for mayor; “Alcalde Pinong del Fierro” appears on councilor line; intention vague—ballot improperly counted (sustained).
- Ballot F-77