Mandac v. Samonte

VILLAMOR, J.:

As a result of the general elections held in the Province of Ilocos Norte on June 2, 1925, 13,909 votes were cast for the office of provincial governor in favor of the following candidates: Votes Domingo J. Samonte ......................................................... 4,249 Simeon Mandac .................................................................. 4,241 Justo Dacuycuy ...................................................................

3,330 Ignacio Arzaga ..................................................................... 1,734 Eleuterio Ruiz ...................................................................... 355 Consequently, the provincial board of canvassers of Ilocos Norte proclaimed Domingo J. Samonte elected governor of said province with a plurality of 8 votes over Simeon Mandac, who received second place.

On June 22, 1925, Simeon Mandac filed an election protest in the Court of First Instance of the Province of Ilocos Norte, praying for the annulment of the election of the protestee Domingo J. Samonte, proclaimed governor-elect by the provincial board of Ilocos Norte, and, in his place, to declare the protestant elected to said office. As the grounds for said protest, the following is alleged: (a) That the provincial board of canvassers and the election inspectors of the two election precincts of the municipality of Currimao, Ilocos Norte, adjudicated to the protestee Domingo J. Samonte, 120 imaginary votes, or 256 instead of only 136 votes, thus falsifying the will of the electorate and, in addition, adjudicated to him an illegal and void vote on a stained ballot. (b) That the provincial board of canvassers and the election inspectors of the nine election precincts of the municipality of Loag, Ilocos Norte, failed to adjudicate to the protestant more than 100 legal votes and, on the contrary, adjudicated several illegal votes to the protestee which must be declared void under section 452 of the Election Law as amended by Act No. 3210.

(c) That the provincial board of canvassers and the election inspectors of all the election precincts of the municipality of Batac, Ilocos Norte, adjudicated to the protestee Domingo J. Samonte, 161 illegal and void votes because the ballots showed the name of a person on a line intended for councilman when said person was not a registered candidate. (d) That the provincial board of canvassers and the election inspectors of all of the election precincts of Batac, Ilocos Norte, adjudicated to the protestant only 607 votes instead of 614 as evidenced by the election returns made by said inspectors now in the hands of the municipal secretary of Batac, Ilocos Norte." (e) That the provincial board of canvassers and the election inspectors of precinct No. 4 of Badoc, Ilocos Norte, adjudicated to the protestee Domingo J. Samonte, 14 illegal votes on 14 mutilated ballots.

(f) That the said provincial board of canvassers and the election inspectors of all the election precincts of the municipalities of Bangui, Badoc, Piddig, Dingras, and Pinili, Ilocos Norte, adjudicated to the protestee Domingo J. Samonte, 279 imaginary and falsified votes, or 100 votes in Bangui, 83 in Badoc, 10 in Piddig, 12 in Dingras and 74 in Pinili, besides other illegal votes that must be declared void, and failed to adjudicate to the protestant several legal votes in his favor.

(g) That the said provincial board of canvassers and all of the election inspectors of the other municipalities of Bacarra, Pasuquin, Burgos, Vintar, Sarrat, Dingras, Piddig, Solzona, Banna, Nueva Era, San Nicolas, and Paoay, Ilocos Norte, failed to adjudicate several legal votes to the protestant which were cast in his favor, and, on the contrary, adjudicated several illegal and void votes to the protestee. The protestee Domingo J. Samonte filed a demurrer to the motion of protest alleging: (a) That the protestant has no legal capacity to protest; (b) that the motion of protest does not contain sufficient facts to constitute a cause of action, and (c) that the motion of protest is ambiguous and uncertain. This demurrer was overruled by the court in an order dated August 7, 1925, and on the following day, August 8th, the protestee filed his answer, alleging: (1) That the protestant has no legal capacity to file a protest, being a disqualified voter.

(2) That the provincial board of canvassers and the election inspectors of all the election precincts in the Province of Ilocos Norte illegally rejected and failed to adjudicate to the protestee Domingo J. Samonte more than three hundred (300) legal and valid votes. (3) That the provincial board of canvassers and the election inspectors of all the election precincts in the Province of Ilocos Norte, illegally admitted and adjudicated to the protestant Simeon Mandac than two hundred (200) void and invalid votes. On July 9, 1925, the other candidate for governor, Justo Dacuycuy, filed an answer with a counter-protest praying that the elections of Ilocos Norte be declared a failure and, in case this petition was denied, that the provincial board of canvassers be ordered to correct its election returns in such manner as to declare the counter-protestant Justo Dacuycuy elected governor of the Province of Ilocos Norte.

The grounds of the counter-protest of Justo Dacuycuy, hereinafter designated the intervener, are: (1) That counter-protestant Justo Dacuycuy is a qualified voter and was one of the registered and voted candidates for the office of provincial governor of Ilocos Norte in the general elections held on June 2, 1925, in the Province of Ilocos Norte, within the jurisdiction of this court. (2) That the total number of votes cast for the office of provincial governor of Ilocos Norte was 13,909, of which Domingo J. Samonte received 4,249, the protestant Simeon Mandac 4,241, the counter-protestant Justo Dacuycuy 3,330, Ignacio Arzaga 1,734, and Eleuterio Ruiz 355, according to the election returns made by the provincial board of Ilocos Norte acting as the provincial board of canvassers. (3) That on June 10, 1925, the provincial board of Ilocos Norte, acting as provincial board of canvassers, proclaimed the protestee Domingo J. Samonte elected to said office and so certified to the office of the provincial governor of Ilocos Norte.

(4) That the counter-protestant Justo Dacuycuy contests not only the election of the protestee Domingo J. Samonte but of the protestant Simeon Mandac as well, on the following grounds: (a) That official valid ballots in blank of the election precincts disappeared, which irregularity permitted many ballots to be prepared outside of the election booths and precincts resulting in many being found in precinct which belonged to another. (b) Leaders, who were against the counter-protestant Justo Dacuycuy, went into the precincts and entered the election booths to electioneer and even forced the voters to vote for their respective candidates. (c) A considerable number of voters were not permitted to vote while others who were disqualified, were illegally permitted to do so.

(d) Many persons appear to have voted who, in fact, had not done so and many imaginary votes were adjudicated to the protestant Simeon Mandac as well as to the protestee Domingo J. Samonte. (e) Many valid ballots were not counted by the election inspectors.

(f) Many valid ballots, which would change the result of the election, were read and counted in favor of the protestant Simeon Mandac, or in favor of the protestee Domingo J. Samonte, which should not have been read nor counted, being illegal, stained, marked, illegible or the names of candidates placed on a space which did not pertain to the office of provincial governor. (g) Many valid and legal ballots in the name of the counter-protestant Justo Dacuycuy, for the office of provincial governor, were not read or counted by the election inspectors in his favor, the number of which is such as to change the result of the election. (h) Many votes belonging to the counter-protestant Justo Dacuycuy, which would change the result of the election, were rejected and counted in favor of the protestant, or the protestee Domingo J. Samonte.

(i) That the election returns upon which the provincial board of canvassers acted are illegal or falsified. (j) That the ballot boxes having been tampered, with, or not having been properly kept, no longer inspire confidence. (k) With regard to the general elections held on June 2, 1925, the general belief is that frauds and irregularities were committed, ballot boxes tampered with and the election returns falsified.

(5) That the protestant Simeon Mandac is disqualified for the office of provincial governor for which reason, and because so many frauds, falsifications, and irregularities of all kinds were committed that it is impossible to know the true will of the electronate, it is but just to declare the election of provincial governor of Ilocos Norte a failure. (6) That the counter-protestant Justo Dacuycuy joins in the petition of the protestant Simeon Mandac, that all ballot boxes, ballots, registration lists, returns, and other matter and papers relating to the election of each and every one of the election precincts of each and every one of the municipalities that compose the Province of Ilocos Norte be brought to court and examined. In view of the allegations of the protest and of the answer, as well as the allegations of the intervener, the proper legal proceedings were had; the ballots and ballots boxes were examined as well as the other papers found in the ballot boxes of the precincts in question, and the court, after a careful analysis of the evidence presented by the parties, on November 21, 1925, rendered a decision, composed of 217 pages declaring that Simeon Mandac, the protestant, had obtained a majority of 119 votes over the protestee Domingo J. Samonte and 629 votes over the intervener.

From this decision the protestee Domingo J. Samonte and the intervener Justo Dacuycuy appealed in due time. The protestee Domingo J. Samonte, in his brief, makes the following assignments of error: MUNICIPALITY OF CURRIMAO 1. In admitting the evidence of the protestant tending to show that the ballot boxes of both precincts of Currimao were tampered with, without the previous allegation in his motion of protest to that effect.

2. In declaring the election in the two precincts which compose this municipality, for the office of governor, a failure and that no candidate for said office was legally elected. 3.

In not holding at least that the result of the original count made by the election inspectors, which appears in the election returns, Exhibits M and L or N and N of precincts Nos. 1 and 2, respectively, of the municipality of Currimao, must prevail. MUNICIPALITY OF BATAC 4. In adjudicating to the protestant 68 votes instead of 66 in precinct No. 2 of Batac.

5. In adjudicating to the protestant 97 votes instead of 93 in precinct No. 4 of Batac. 6.

In adjudicating to the protestee only 76 votes instead of 83 in precinct No. 4 of Batac. 7. In adjudicating to the protestee only 90 votes instead of 95 in precinct No. 5 of Batac.

8. In adjudicating to the protestant 123 instead of 122 votes in precinct No. 6 of Batac. MUNICIPALITY OF DINGRAS 10.

In crediting the protestee Domingo J.

Samonte with only 55 votes instead of 60 in precinct No. 3 of Dingras. 11. In not crediting the protestee Domingo J. Samonte with all of the 29 ballots in his favor contained in the 29 ballots found by the commissioners in the valid ballot box in precinct No. 4 of Dingras.

MUNICIPALITY OF LOAG 12. In crediting the protestant with 100 votes instead of 97 in precinct No. 1 of Laoag. 13.

In admitting evidence tending to show that the ballot boxes were tampered with in precinct No. 2 of Laoag, without any previous allegation by the protestant in his motion of protest to that effect. 14. In holding that the ballot boxes in precincts Nos. 2, 8, and 9 of Laoag were tampered with.

15. In declaring that the ballots found by the revisors in the ballot boxes of precinct No. 2 of Laoag do not merit the confidence of the court and that the last count made cannot prevail over that made by the election inspectors. 16.

In crediting the protestant with only 15 votes instead of 129 stated in the election returns in precinct No. 2 of Laoag. 17. In crediting the protestant with 80 votes instead of 76 in precinct No. 3 of Laoag.

18. In adjudicating to the protestant a ballot extracted from the valid ballot box of precinct No. 4 of Laoag. 19.

In crediting the protestant with 141 votes instead of 136 in precinct No. 5 of Laoag. 20. In crediting the protestee with only 56 votes instead of 62 in the same precinct.

21. In crediting the protestant with 56 votes instead of 49 in precinct No. 6 of Laoag. 22.

In holding that the apocryphal ballots found in the ballot boxes of precincts Nos. 8 and 9 were placed there, after the count was made. 23. In declaring that the ballots contained in the ballot boxes of precincts Nos. 8 and 9 of Laoag are discredited and that the recount cannot prevail over the original count stated in the election returns.

24. In not deducting from the 161 ballots found by the commissioners in the valid ballot box of precinct No. 8 of Laoag with votes in favor of the protestant, the 63 apocryphal ballots (Exhibits AA-1, AA-2, AA-7, to AA-67) instead of adjudicating to him 164 votes stated in the election returns, and 25. In not deducting from the 137 ballots found by the commissioners in the valid ballot box of precinct No. 9 of Laoag with votes in favor of the protestant the 56 apocryphal ballots (Exhibits Y-1, Y-3, Y-5 to Y-58), instead of adjudicating to him the 155 votes stated in the election returns.

MUNICIPALITY OF PAOAY 26. In not crediting the protestee with 26 instead of 25 votes in precinct No. 2 of this municipality. MUNICIPALITY OF PINILI 27.

In crediting the protestee with only 206 instead of 209 votes in precinct No. 1 of Pinili. 28. In crediting the protestant with 90 votes instead of 79 in the same precinct.

MUNICIPALITY OF SOLZONA 29. In crediting the protestant with 62 votes instead of 54 in precinct No. 1 of Solzona. 30.

In crediting the protestant with 58 votes instead of 57 in precinct No. 2 of Solzona. 31. In crediting the protestant with 97 votes instead of 96 in precinct No. 3 of Solzona.

32. In declaring the protestant provincial governor-elect of the Province of Ilocos Norte, with a majority of 119 votes over the protestee Domingo J. Samonte, and 33. In not declaring the protestee provincial governor-elect of Ilocos Norte, with a majority of 366 voters over the protestant Simeon Mandac, and 742 voters over the intervener Justo Dacuycuy.

On the other hand, the intervener Justo Dacuycuy alleges that the trial court committed the following errors: 1. In not annulling the election for the office of provincial governor in the municipality of Batac. 2.

In not annulling the election for the office of provincial governor in the municipality of Laoag. 3. In not annulling the election for the office of provincial governor in the municipality of Pinili.

4.

In not annulling the election for the office of provincial governor in the remaining municipalities of Bangui, Burgos, Pasuquin, Piddig, Banna, and Solzona as was done in the municipality of Currimao with the exception only of the municipalities of Vintar, Paoay, Dingras, Bacarra, Badoc, Nueva Era, San Nicolas, and Sarrat. 5. In not having declared Justo Dacuycuy as the provincial governor-elect of Ilocos Norte.

6. In ordering Justo Dacuycuy, and the protestee Domingo J. Samonte, to pay pro rata the costs of the action. 7.

In denying the motion for a new trial filed by Justo Dacuycuy upon the ground that the decision was openly and manifestly contrary to law and the evidence presented at the trial. In view of the allegation of the protestant that the election inspectors of the two precincts of the municipality of Currimao adjudicated to the protestee about 120 imaginary votes at the proposal of the parties, the court appointed commissioners of revision to examine the ballots contained in the ballots boxes. The revisors found the following ballots in the white box of precinct No. 1: Votes Simeon Mandac ..................................................................

75 Domingo J. Samonte ......................................................... 161 Justo Dacuycuy ................................................................... 17 Ignacio Arzaga .....................................................................

9 Eleuterio Ruiz ...................................................................... 6 Agustin Quiaoit .................................................................... 1 Total .........................................................