Cruz v. Guzman

VILLAMOR, J.:

Pablo A. Cruz and Atilano de Guzman were candidates for the office of municipal president of Angat, Bulacan, in the last general elections held on June 5, 1928. Cruz received 731 votes and De Guzman 787, the municipal board of canvassers proclaiming De Guzman elected by a majority of 56 votes. Pablo A. Cruz and his fellow partisans, the candidates for vice-president and councilors, contested the election of De Guzman and his fellow partisans, alleging certain irregularities committed by the election inspectors in precincts 1, 2, 4, and 6, more particularly described in the motion of protest reproduced in the appellant's brief.

The contestees filed a general denial, and contend that they have been legally elected to their respective offices. After the proper proceedings, the court below found that contestant Pablo A. Cruz obtained 738 votes as against contestee Atilano de Guzman's 658 votes, or a majority of 80 votes for the municipal presidency of Angat. Pablo A. Cruz's fellow partisans, the candidates for the offices of vice-president and councilor of the said municipality of Angat, were also declared elected, with the exception of Narciso Perez, who lost out in the drawing of lots between himself and Felix Ventura, De Guzman's fellow partisan and candidate for councilor.

Contestee Atilano de Guzman appealed from the judgment of the trial court, and in his brief assigns the following errors: 1. The lower court erred in finding that there was a general, premeditated scheme on the part of appellant Atilano de Guzman and his followers, to influence the popular will in the general elections held on June 5, 1928, bribing the electors and buying their votes, and requiring of them in return, certain marks of identification upon their ballots. 2.

The lower court erred in rejecting, as marked, ballots C-2 to C-25 (24 ballots) cast in favor of appellant Atilano de Guzman in precinct No. 1, and in not rejecting ballots G-1 to G-25, and G-27 to G-43 (42 ballots) in favor of appellee Pablo A. Cruz in the same precinct, notwithstanding the fact that all the aforesaid ballots for both of said candidates are in the same condition and present the same appearance. 3. The lower court erred in rejecting ballots Exhibits XX-12 to XX-13; XX-15; XX-18; XX-21; XX-24; XX-32; XX-34; XX-35; XX-38 to XX-41; XX-43; XX-46 and XX-47 (20 ballots) cast in favor of appellant De Guzman, on the ground that they are marked ballots, and in counting and adjudicating in favor of appellee Pablo A. Cruz the ballots Exhibits 121 to 126; 131 to 134; 136; 138 to 141 (15 ballots), which were cast in favor of said candidate in election precinct No. 2, notwithstanding the fact that said ballots are all practically in the same condition and appearance.

4. The lower court erred in rejecting as marked or countersigned, ballots Exhibits XXX-1 to XXX-3; XXX-5 to XXX-16; XXX-18 to XXX-20; XXX-22; XXX-24 to XXX-25; XXX-27 to XXX-28; XXX-30 to XXX-31; XXX-33 to XXX-36; XXX-38; XXX-41 to XXX-43 XXX-47; XXX-50; and XXX-56 (36 ballots) cast in favor of Atilano de Guzman and in counting as valid in favor of appellee Pablo A. Cruz, Exhibits 168 to 208 (41 ballots), which were cast in election precinct No. 4 in favor of said candidate, notwithstanding the fact that they are all in the same condition and present the same appearance. 5.

The lower court erred in rejecting as marked and countersigned, ballots C-36 to C-39; C-41 to C-57 C-59 to C-86; C-88 to C-89 (51 ballots) cast in favor of the appellant, Atilano de Guzman, and in counting as valid votes Exhibits G-47 to G-50 and G-54 (5 ballots), which were cast in favor of the appellee Cruz, in precinct No.

6, notwithstanding the fact that they are all in the same condition and present the same appearance. 6. The lower court erred in not declaring contestee Atilano de Guzman president elect of the municipality of Angat, Province of Bulacan, with a plurality of votes over his opponent Pablo A. Cruz, the appellee, and in not dismissing the election contest instituted by Pablo A. Cruz.

A resume of the ballots referred to in the appellant's assignments of error shows that he claims 131 ballots cast for him, as improperly rejected by the court below, and likewise objects to 103 ballots improperly awarded to the appellee by the trial court. Precinct No. Deducted from appellant Awarded to appellee 1 .................................................... 24 42 2 ....................................................

20 15 4 .................................................... 36 41 6 .................................................... 51 5 Total ................................................