G.R. No. 36514; August 18, 1932
FRANCISCO BALON, protestant-appellant, vs. MANUEL MORENO, protestee-appellee.

FACTS

In the June 2, 1931 election for members of the provincial board of Camarines Norte, the provincial board of canvassers proclaimed Simeon Garfin and Manuel Moreno as elected, with Francisco Balon placing third. Balon filed an election protest against Moreno, alleging irregularities and fraud in several municipalities that, if corrected, would give him a plurality. Moreno filed a counter-protest. The trial court appointed commissioners to examine the ballots. During the revision, Balon sought to open the boxes for spoiled ballots to retrieve valid ballots allegedly placed there erroneously. The trial court initially allowed but later denied this request and refused to hear evidence on the matter. After examining only the valid ballots, the court declared Moreno elected by a plurality of 43 votes. Balon appealed, contesting the court’s refusal to examine the spoiled ballot boxes and its refusal to admit evidence on the valid ballots contained therein.

ISSUE

Whether the trial court erred in denying the protestant’s motion to open and examine the contents of the ballot boxes for spoiled ballots and to present evidence on the valid ballots found therein.

RULING

Yes. The Supreme Court reversed the trial court’s judgment. The Court held that the boxes for spoiled ballots should be opened and examined in an election contest. Valid ballots mistakenly placed in the spoiled ballot boxes during the count must be retrieved and counted. The trial court’s refusal to examine these boxes and to receive evidence on the matter was a reversible error. The case was remanded to the trial court with instructions to open the spoiled ballot boxes, retrieve and count any valid ballots found therein, and proceed in accordance with the law.

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