GR L 4790; (February, 1909) (Digest)
THE UNITED STATES vs. AGUSTIN CONCEPCION, ET AL.
G.R. No. L-4790
February 18, 1909
FACTS:
On June 28, 1907, Agustin Concepcion and his co-defendants, serving as election inspectors for the first precinct of Calibo, Capiz, allegedly refused to register Juan Policarpio as a voter for the First Philippine Assembly election and refused to administer the elector’s oath. The prosecution contended that Policarpio was a qualified voter and the defendants knew this but fraudulently refused his registration, in violation of Section 29 of the Election Law. The defendants argued that they knew Policarpio had not resided in Calibo for many years, citing his Manila cedula, and denied he presented sufficient proof of residency. The Court of First Instance found the defendants guilty and sentenced each to a P300 fine. The defendants appealed.
ISSUE:
Can election inspectors be held criminally liable under Section 29 of the Election Law for refusing to register an applicant, considering their quasi-judicial capacity in determining voter qualifications?
RULING:
No. The Supreme Court reversed the lower court’s decision, finding the defendants not criminally liable.
The Court held that election inspectors, when deciding on an applicant’s qualification for registration, act in a quasi-judicial capacity under Section 17 of Act No. 1582 . Therefore, they cannot be punished under Section 29 of the Election Law unless it is shown, beyond question, that such inspectors knowingly, willfully, and maliciously refused to permit the entry upon the list of a qualified applicant, or knowingly, willfully, and maliciously entered the name of an unqualified person. Inspectors have the right to act on their own knowledge regarding an applicant’s qualifications, call witnesses, and are not criminally responsible if they act honestly and without willfulness or maliciousness.
The mere fact that they refused to register someone who was later found to be qualified is not sufficient to establish criminal liability. It must be proven, beyond a reasonable doubt, that their actions were done knowingly, willfully, and maliciously.
In this case, the record did not disclose sufficient facts to prove that the defendants knowingly, willfully, and maliciously refused to register Juan Policarpio. Consequently, the lower court’s sentence was revoked, the case dismissed, and the defendants discharged.