G.R. No. L-2591; March 15, 1949
EMILIO Z. CABABASADA, petitioner, vs. THE COURT OF APPEALS and CIRIACO VALMORIA, respondents.

FACTS

In the November 11, 1947 election for Mayor of Kinoguitan, Oriental Misamis, Ciriaco Valmoria was proclaimed winner with 687 votes against Emilio Z. Cababasada’s 686. Cababasada contested the election. The trial court credited Cababasada with 678 votes and Valmoria with 636, declaring Cababasada elected. On appeal, the Court of Appeals found both candidates tied at 678 votes each, declaring a tie. Cababasada appealed to the Supreme Court, arguing that the Court of Appeals erred by not adding two ballots (7-A and 7-B) to his total in its final computation, despite having found in the body of its decision that these ballots were legally cast in his favor.

ISSUE

Whether the Court of Appeals erred in not crediting ballots 7-A and 7-B to Cababasada in its final vote computation, thereby requiring a correction of the election results.

RULING

Yes. The Supreme Court reversed the decision of the Court of Appeals. Ballots 7-A and 7-B were valid votes for Cababasada under Section 149, No. 13 of the Revised Election Code, as a vote for a non-candidate is void only as a vote for that person but does not invalidate the entire ballot. The Court of Appeals’ failure to credit these ballots in its final tally was a reversible error. The Supreme Court held that an appellate court must correct such an error even without an express assignment of error, as it involves giving effect to the popular will—a fundamental constitutional principle. Crediting the two ballots to Cababasada gave him a plurality. Consequently, Emilio Z. Cababasada was declared the duly elected Mayor, and Valmoria was ordered to turn over the office.

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