G.R. No. L-3050 - Villavert vs. Fornier

The case involves an election contest for the office of provincial governor of Antique between Alberto A. Villavert and Tobias Fornier.
The provincial board of canvassers initially declared Villavert elected by a margin of 60 votes.
Fornier protested the results, leading to a trial court ruling in his favor, declaring him elected with a majority of 36 votes.
Villavert appealed to the Court of Appeals, which upheld the trial court's decision, finding Fornier had won by 28 votes.

The primary issue was whether 40 ballots, where Villavert's name was written on a double line above the designated space for "Provincial Governor," were valid.
The Court found that the intention of the voter was clear, as the name was written in a space that could only pertain to the office of provincial governor.
The Court emphasized that the failure to write on the exact line was due to a mistake in good faith and should not invalidate the vote.

The Court ruled that if the voter's intention can be clearly established, it should be honored.
The decision disavowed any previous dicta suggesting that the provisions of the Revised Election Code were mandatory rather than directory.

The Court examined five additional ballots rejected by the Court of Appeals, where Villavert's name was written between the titles "Provincial Governor" and "Members of the Provincial Board."
The Court reversed the rejection of these ballots, affirming the voter's intention was unmistakable.

The Court unanimously upheld the rejection of 13 ballots where Villavert's name was written in spaces for other offices, indicating the voter's intention was unclear.
Specific ballots were rejected due to the names being written in spaces reserved for other candidates, leading to ambiguity regarding the voter's intent.

The Court upheld the rejection of three ballots that were not for Villavert but for other individuals with similar surnames, as the names were distinctly different.
The Court also reviewed seven ballots, concluding that most were properly rejected, except for a few that sufficiently identified Villavert.

The Court addressed six ballots rejected as marked, determining that the additional words or names did not constitute distinguishing marks that would invalidate the votes for Villavert.
The Court emphasized that irrelevant markings should not nullify a voter's clear intention.

The appellee contested 15 votes from patients at the Santa Barbara Leprosarium, which were initially rejected by the trial court but admitted by the Court of Appeals.
The Court ruled that the failure of election officials to properly register these voters should not penalize the voters themselves.

The appellee's counterassignments regarding 122 ballots were reviewed, with the Court finding no reason to overturn the Court of Appeals' conclusions.
The Court upheld the validity of ballots that were claimed to be marked or illegible, affirming the voters' intentions.

The Court examined ballots prepared by a single voter for multiple individuals, ruling that the valid ballot for Villave...continue reading