Pimentel v. Festejo

PERFECTO, J.:

Pedro Festejo was proclaimed elected as mayor of Santa Lucia, Ilocos Sur, in the elections of November 11, 1947, with 1,108 votes against 1,101 votes in favor of Canuto F. Pimentel. The latter protested. The trial court found that Festejo received 1,107 votes and Pimentel 1,101 votes and, consequently, dismissed the protest.

Appellant appealed, contending that the lower court erred in not crediting to him the fifty-nine ballots mentioned in his first three assignments of error as votes in his favor, with which he would appear to have received a total of 1,160 votes and, therefore, enough majority to win the election. As stated in appellant's brief, his name in the thirty-seven ballots mentioned in his first assignment of error "was written on the line corresponding to vice-mayor," in the eight ballots mentioned in his second assignment of error "was written on the line corresponding to the second space for member of the provincial board,"

and in the fourteen ballots mentioned in his third assignment of error "was written in the space for councilor." Either names of other persons, not candidates for mayor, are written in the space for mayor in said ballots, or said space appears to be in blank. Appellant's contention is premised on the theory that his name was only misplaced in the ballots in question but the intention of the voters to elect him as mayor can be gathered from the fact that in the order or sequence of the candidates for the several positions mentioned in each ballot, his name would appear to be written in the space for mayor if the names of the candidates for governor, members or provincial board, mayor and councilor have not been also misplaced on or two lines above or below the correct space.

Appellant's theory is untenable. It appears on record that the majority of the election inspectors in Santa Lucia belonged to the same political party of appellant and, therefore, had the control in the decisions of the board of inspectors. They did not count the ballots in question in favor of appellant.

This shows that said majority inspectors had not found upon the face of the ballots themselves that the voters voted for appellant as mayor. Belonging to the same political party of appellant, they cannot be assumed or expected to have deprived appellant unjustly of any vote. Said inspectors appear to have applied the law correctly.

The Constitution has reserved the right to exercise suffrage to citizens of legal age who "are able to read and write." (Section 1, Article V. Section 135 of the Revised Election Code provides that the voter shall fill his ballot "by writing in the power for each office the name of the person for whom . .

. he desires to vote." The last provision is couched in a language the mandatory character of which cannot be questioned.

Therefore for any ballot to be counted for a candidate for mayor, it is indispensable that his name be written by the voter in the ballot and cannot be mistaken by a person who, as provided by the Constitution, is able to read. A name can be counted for any office only when it is written within the space indicated upon the ballot for the vote for such office (Lucero vs. De Guzman, 45 Phil., 852). It is impossible to count a ballot as vote for a candidate for mayor, when his name is clearly written in the space reserved for another office (Aviado vs. Talens, 52 Phil., 665; Villaviray vs. Alvarez, 61 Phil., 42).

Official ballots are printed in the form specified by sections 124 and 126 of the Revised Election Code for the clear and unmistakable determination of the will of the voters, so as to avoid, as far as possible, disputes among the members of the board of election inspectors that would hamper the early determination of the result of an election. That early determination is demanded by public interest. Delays in the counting of votes increase uncertainty in the public mind, provoke uneasiness, and are a temptation for those bent on thwarting the popular will.

On this respect we can still look to the elections in the United States as example and model. Notwithstanding the fact that about 50,000,000 voters had cast their votes in a vast country expanding from ocean to ocean, it took only about eleven hours form the closing of the election, probably the most surprising and spectacular in American history, for the whole world to know that Harry S. Truman has been re-elected President on November 2, 1948. Considering that in fifty-nine ballots claimed by appellant in this appeal his name does not appear written in the space reserved for mayor, he cannot claim them as votes in his favor as candidate for mayor.

There is no need of considering the counter-assignments of error of appellee. The appealed decision is affirmed, with, costs against appellant. Moran, C. J., Paras, Feria, Pablo, Bengzon and Briones concur.

Separate Opinions MONTEMAYOR,J., dissenting: In the elections held on November 11, 1947, in the municipality of Santa Lucia, Ilocos Sur, the election for the post of Mayor for which the protestant Canuto F. Pimentel and the protestee Pedro Festejo were registered candidates, was quite close as shown by the fact that the protestee was proclaimed mayor-elect with a plurality of only seven votes, having obtained 1,108 votes as against 1,101 received by Pimentel. This plurality was reduced to six by the trial court acting on the motion of protest filed by Pimentel. On appeal to this Court, the majority decision affirms the judgment of the lower court even without considering the counter-assignment of errors of the appellee.

Said, appellee claims that he should de credited with a plurality of thirteen votes instead of the six votes found by the trial court. The appellant under his three assignments of errors claims fifty-nine additional votes. It is therefore evident that if a majority or even a fraction, say, one-half or even one-third of the 59 votes claimed by him but rejected by the trial court are found to be valid votes in his favor and he should be declared elected Mayor of Santa Lucia, Ilocos Sur.

The main if not the only point in issue involved in this appeal is the fact, and its legal effect, that in the 59 ballots above referred to, the name of the appellant Canuto F. Pimentel does not appear on the line for the post of a mayor. It is either above said line, that is to say, it is written on the line corresponding to the post on members of the provincial board, like in ballot Exhibit J-5 on the majority of said ballots it is found below the line of the office of mayor that is to say, on the line for the post of vice-mayor, like in ballot Exhibit F-1. On this fact alone, and without considering the whole ballot, as well as the circumstances surrounding the elections, this Court through the majority decision rejected these 59 ballots on the ground that the voters who prepared them failed to comply with the law which requires and directs that "the voter shall fill his ballot by writing in the proper space for each office the name oft he person for whom .

. . he desires to vote."

I believe that this is too barrow and strict a construction and application of the election law and would result in depriving a great number of qualified voters in participating in the choice of their elective officials.

Such construction and interpretation runs counter to the spirit of the law itself as well as the intention of the Legislature that promulgated it, as repeatedly interpreted by the courts. Let us consider some of these ballots involved which may bee regarded as typical of the rest. But before we do so, it is important to know the persons who ran under the banner of the Liberal Party to which the protestant belonged, as well as the offices for which said persons were candidates form provincial governor down to municipal councilor.

It is also a fact, as pointed out by counsel for appellant that the latter, on and before the elections, was known as a candidate for the position of mayor, only, having campaigned as such and filed his certificate of candidacy for said office, and that considering the relatively small voting population inn Santa Lucia, the electorate, particularly his followers in the Liberal Party knew that he was a candidate for mayor, only. In addition, in said elections of November 11, 1947, there was in Santa Lucia, no candidate for national, provincial or municipal office with the same name or surname of the protestant Canuto Pimentel , thereby precluding any possible mistake or confusion about the identity of the reason referred to when ever mentioned in ballot with the name Pimentel: The following were the candidates for the Liberal Party: Provincial Governor Perfecto Faypon Members of the Provincial Board Pablo C. Sanidad Cecilio A. Baldin Municipal Mayor Canuto F. Pimentel Martin Angala Vice-Mayor Eliseo Abaya Municipal Councilors Valentin Hadloc Leoncio Fabro Cesario Libed Antero Hermosura Alfonso Haber Rufino Haber Now, let us examine the first ballot (Exhibit "F-1") under the first assignment or error, which for purposes of reference we reproduce below: OFFICIAL BALLOT Balota Opisyal SANTA LUCIA, ILOCOS SUR, NOVEMBER 11, 1947 Lucia, Ilocos Sur, Nobyembre 11, 1947 Fill out this ballot secretly inside the booth.

Do not put any distinctive mark in any part of this ballot. Sulatan nang palihim and balotang ito sa loob ng silid na botohan. Huwag lagyan ng anumang palatandaan ang alinmang panig ng balotang ito.