G.R. No. L-18849; April 6, 1922
ANTONIO BUSTOS, petitioner, vs. MUNICIPAL COUNCIL OF MASANTOL, Province of Pampanga, ET AL., respondents.

FACTS

In the 1919 elections in Masantol, Pampanga, the Democrata Party polled the largest number of votes, and the Nacionalista Party polled the next largest number. Under Section 11 of Act No. 3030 (the Election Law), the party with the largest votes is entitled to appoint two election inspectors and two substitutes per precinct, while the party with the next largest votes is entitled to one inspector and one substitute. The Municipal Council of Masantol, however, appointed one inspector each for the “Partido Nacionalista,” the “Partido Liberal Nacionalista (colectivista),” and the “Partido Democrata” (represented by Espiridion Pineda). Antonio Bustos, claiming to be the legitimate representative of the Democrata Party in Masantol, filed an original action for mandamus to compel the municipal council to comply with the law.

ISSUE

1. Whether the Democrata Party, having polled the largest number of votes in Masantol in the 1919 election, is entitled under Act No. 3030 to appoint two election inspectors and two substitutes per precinct.
2. Who between Antonio Bustos and Espiridion Pineda is the legitimate representative of the Democrata Party in Masantol entitled to propose inspectors.

RULING

1. Yes. The law is clear: the party that polled the largest number of votes in the preceding election is entitled to two inspectors and two substitutes per precinct, and the party that polled the next largest number is entitled to one inspector and one substitute. The municipal council’s appointment of one inspector each for three different groups violated this provision. The division within the Nacionalista Party into “Nacionalista” and “Liberal Nacionalista” does not affect the rights of the Democrata Party, which remained the party with the largest votes.
2. Antonio Bustos is the legitimate representative. Based on the exhibits presented, Bustos is recognized as the legitimate representative of the Democrata Party in Masantol, not Espiridion Pineda.
The writ of mandamus is granted. The Municipal Council of Masantol is ordered to convene immediately and appoint two election inspectors and two substitutes per precinct from persons proposed by Antonio Bustos for the Democrata Party, and one inspector and one substitute per precinct from persons proposed by the legitimate representative of the Nacionalista Party. Costs against the respondent municipal council.