Garchitorena v. Crescini

JOHNSON, J.:

This is an appeal from a decision of the Court of First Instance of the Province of Ambos Camarines in an election contest. It appears from the record that on the 6th day of June, 1916, an election was held in said province for governor, and other provincial and municipal officers. At said election, Andres Garchitorena, Manuel Crescini, Engracio Imperial, and Francisco Botor were candidates for the office of governor.

The election was closed. The returns were made by the inspectors of the various municipalities to the provincial board of inspectors which, after an examination of said returns, reached the conclusion that Andres Garchitorena had received 2,468 votes; that Manuel Crescini had received 3,198 votes; that Engracio Imperial had received 1,954 votes and Francisco Botor had received 692 votes. Upon that result the provincial board of inspectors decided that Manuel Crescini had received a plurality of all votes cast, made a proclamation declaring that he had been elected Governor, and issued to him a certificate to that effect.

Immediately upon notice of said proclamation, Andres Garchitorena presented a protest against said election, alleging that many frauds and irregularities had been committed in various municipalities of said province, and that he had, in fact, received a majority of all legal votes cast. To said protest answer was duly made, issue was joined, and a trial was had, after which the Honorable Maximino Mina, judge, in a very carefully prepared opinion, declared that Andres Garchitorena had, in fact, received a majority of the legal votes cast, and ordered the provincial board of inspectors to correct its report theretofore made, accordingly. Later, for certain reasons, a new trial was ordered (37 Phil. Rep., 675), 1 which was had before the Honorable Isidro Paredes, judge, who, after considering all the proof adduced during the trial of the cause, reached exactly the conclusion which Judge Maximino Mina had theretofore reached, and issued the same order to the provincial board of inspectors, requiring them to correct their report or canvass in accordance with said decision.

From that decision, Manuel Crescini and Engracio Imperial appealed to this Court, briefs were presented, and the cause was finally submitted for decision on the 16th day of December, 1918 The following table discloses the votes of the various municipalities to which the protest related, as declared by the provincial board of inspectors, as well as the result found by both Judges Mina and Paredes: Election protest - Ambos Camarines.