G.R. No. 31464 , September 13, 1929
RESTITUTO VILLEGAS, protestant-appellant, vs. ATILANO VILLEGAS, protestee-appellee.

FACTS

In the election for provincial governor of Oriental Negros held on June 5, 1928, Restituto Villegas (protestant-appellant) and Atilano Villegas (protestee-appellee) were candidates. The board of canvassers proclaimed Atilano Villegas elected with a majority of over 1,500 votes (7,137 votes to Restituto’s 5,609). Restituto filed an election protest. After trial, the Court of First Instance declared Atilano duly elected with 6,907 votes against Restituto’s 5,462, a majority of 1,445. The trial court noted that the contest was limited to only four precincts, with serious questions raised only as to two. It also found that in the nineteen uncontested precincts, Atilano had a majority of 419 votes. Restituto appealed, insinuating that irregularities in the contested precincts warranted annulling the entire election but without specifying frauds with particularity in his brief.

ISSUE

Whether the election protest should be granted, either by reversing the results in the contested precincts or by annulling the entire election due to alleged irregularities.

RULING

No. The Supreme Court affirmed the trial court’s decision. The appeal was frivolous and insufficient. The appellant failed to point out alleged frauds and irregularities with particularity, merely citing volumes of testimony without specific analysis. The trial court’s decision adequately explained its conclusions. Moreover, since Atilano maintained a majority even excluding the contested precincts, the protest could not succeed. The insinuation that irregularities justified annulling the entire election was untenable. Costs were awarded against the appellant.