Domingo v. Ramos

REGALA, J.:

This is an appeal by certiorari from a decision of the Court of Appeals in an election protect. Last June 3, this Court resolved to consider the case submitted for decision upon a manifestation by counsel for appellant that he was not going to file a reply brief. In the mayoralty elections of Rosales, Pangasinan held on November 12, 1963, Fernando Ramos was proclaimed winner over Silvestre Domingo, his closest rival, by a majority of eleven (11) votes.

The complete results of the official canvass is as follows: 1. Fernando Ramos 2,632 votes 2. Silvestre Domingo 2,621 votes 3.

Buenaventura Paray 1,210 votes 4. Jeremias Serafica 481 votes Silvestre Domingo filed a protest and the Court of First Instance of Pangasinan rendered judgment declaring him elected with 2,618 votes as against 2,603 votes credited to Fernando Ramos, or a plurality of fifteen (15)votes. Ramos appealed to the Court of Appeals.

The contending parties did not dispute before the Court of Appeals the number of votes obtained in the uncontested ballots in the protested precincts which are as follows: Protestant Silvestre Domingo Protestee Fernando Ramos 1. Uncontested precints 1,363 votes 1. Uncontested precincts 1,474 votes 2.

Uncontested ballots in protested precincts 1,229 votes 2. Uncontested ballots in protested precincts 1,112 votes Total