Title
Santos vs. Court of 1st Instance of Cavite
Case
G.R. No. 26423
Decision Date
Sep 24, 1926
Election protest over municipal presidency; recount reduced Santos' votes, affirming Advincula's win. Certiorari denied; court upheld jurisdiction and factual findings.

Case Summary (G.R. No. 26423)

Factual Background

The petitioner contended that the election returns from the Board of Canvassers indicated he received 874 votes, compared to Advincula's 915 votes. An election protest was initiated by Isidoro Martinez against Advincula, who ultimately was found to have received 845 valid votes following a recount. Santos filed a motion for reconsideration claiming he should be declared the candidate-elect based on a revised count which allegedly favored him with more votes than Advincula.

Legal Contention

The primary legal argument presented by the petitioner was that the election court acted without jurisdiction, as it declared Advincula the winner despite Santos's higher adjudicated vote count. Santos argued that he should have been declared the candidate-elect based on both the original and reconsidered ballots, while the respondents maintained that Santos's failure to contest the original findings of the protest amid the proceedings eliminated his standing.

Respondents’ Defense

The respondents posited that Santos did not formally contest the protest results but rather failed to appear or present any evidence in his favor, thereby implicitly denying the allegations of vote counts against him. They also cited the rejection of 444 votes that were adjudicated to Santos by the election inspectors due to various objections raised during the hearings, asserting this reduced his valid votes significantly.

Court's Position on Jurisdiction

The court recognized that it must address the election results due to the nature of the protest and Santos's vested interest as a candidate. It opined that regardless of Santos's technical non-participation in the protest, it was incumbent upon the court to ascertain the accurate vote tallies and confirm whether or not he was indeed the candidate-elect.

Findings of Ballots

After reassessing the ballot counts during the motion for reconsideration, the court acknowledged errors regarding the inclusion of some ballots favoring Santos. Consequently, the court concluded that after ded

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