GR L 18953; (October, 1962) (Digest)
G.R. No. L-18953; October 30, 1962
Emilio Arzaga, petitioner, vs. Francisco Bobis, Sr., respondent.
FACTS
In the 1959 elections, Emilio Arzaga was proclaimed Mayor of El Nido, Palawan, by a slim margin. His opponent, Francisco Bobis, Sr., filed an election protest. The Court of First Instance upheld Arzaga’s victory, but the Court of Appeals reversed the decision, declaring Bobis the winner. Arzaga appealed to the Supreme Court via certiorari. The appeal centered on the validity of specific contested ballots, with Arzaga assigning errors regarding 15 ballots and Bobis counter-assigning errors on 6 ballots, making a total of 21 ballots for review. The resolution of these ballots would determine the final vote count and the rightful winner.
ISSUE
The core issue is whether the Court of Appeals correctly adjudicated the validity of the contested ballots based on the application of the Revised Election Code, particularly the rules on idem sonans, marked ballots, and stray votes.
RULING
The Supreme Court meticulously reviewed each contested ballot. It applied the idem sonans rule, upholding votes for “F. Vuvis” and “F. Pabes (or Pabis), Sr.” as valid for respondent Bobis, as they sounded similar to his name. The Court affirmed the invalidation of ballots containing indecent words or phrases like “Potang ena mo” and “Berat,” or the derogatory term “Perez lagare,” which were deemed intentional marks for identification. Conversely, the Court reversed the appellate court on several ballots. It validated a vote for “Perez Bungcad” for councilor, finding it was for an actual candidate, Patricio Bungcad, and not a mark. It also reinstated a ballot where “R. Perez Cabus Cabus” was written for senator, ruling “Perez” was merely a stray vote and “Cabus Cabus” was not a proven mark without extrinsic evidence.
Crucially, the Court nullified a ballot (Exhibit “B-2”) where the voter wrote “Arzaga” for mayor and again for provincial board member, and voted for only one councilor on the sixth line. It distinguished this from a simple duplicate under the Election Code, holding the pattern constituted an intentional identifying mark, following Gutierrez vs. Aquino. The final tally, after adjustments, showed Bobis with 508 votes against Arzaga’s 503. Thus, the Supreme Court affirmed the Court of Appeals’ decision with modification, declaring Francisco Bobis, Sr., the duly elected Mayor.