G.R. No. 25816 , February 1, 1927
FORTUNATO BULAN, petitioner-appellant, vs. PRIMO GAFFUD, respondent-appellee

FACTS

In the June 2, 1925, general election for the provincial governor of Isabela, Primo Gaffud was proclaimed the winner by the provincial board of canvassers with a plurality of 335 votes over Fortunato Bulan. Bulan filed an election protest with the Court of First Instance (CFI) of Isabela. After a review of the ballots and returns, the CFI found that Gaffud received 1,788 valid votes and Bulan 1,396, confirming Gaffud’s election. Bulan appealed to the Supreme Court, assigning several errors. He argued that the elections in specific precincts (first and third precincts of Echague, second precinct of Jones, and first precinct of Santiago) should be annulled due to various irregularities and fraudulent practices by election officers. He also contested the CFI’s adjudication of numerous ballots as valid in favor of Gaffud.

ISSUE

1. Whether the irregularities and alleged fraudulent practices in the specified precincts were sufficient to annul the elections therein.
2. Whether the CFI correctly adjudicated the validity of the contested ballots in favor of Gaffud.

RULING

1. On the Annulment of Elections in the Precincts: The Supreme Court disagreed with Bulan. The irregularities citedsuch as the delay in delivering ballot boxes and returns, the preparation of excessive copies of returns, voting after the legal hour without proper identification cards, the use of non-official ballot forms, lack of proper guard rails, flimsy booth partitions, solicitation of votes within the prohibited radius, and ballots found with unremoved detachable numberswhile constituting violations of election laws, were not shown to have affected the results of the election or to have been committed with fraudulent intent to alter the outcome. The Court emphasized that mere irregularities, without proof that they changed the election’s result or were perpetrated to commit fraud, are not sufficient grounds for annulment. The facts indicated that the delays were due to administrative burdens (e.g., manually preparing returns for a large number of candidates) and misunderstandings, not malice.

2. On the Validity of the Contested Ballots: The Supreme Court partially agreed and partially disagreed with Bulan.
* For ballots with misspelled names: The Court upheld the CFI’s validation of ballots where the names of registered candidates were misspelled (e.g., “Plasido Serapio” for “Placido Serafica”), applying the rule of *idem sonans* (sounds the same).
* For ballots containing votes for non-registered candidates: The Court reversed the CFI. The CFI had held that such ballots were void only as to the unregistered candidate but valid for other offices. The Supreme Court, interpreting the last paragraph of Section 452 of the Revised Administrative Code (as amended by Act No. 3210 ), ruled that a ballot cast for a person for an office for which he is not a registered candidate is null and void in its entirety. This ruling was consistent with the Court’s prior decision in *Mandac v. Samonte*.

FINAL DISPOSITION: Despite deducting the votes from ballots invalidated for containing votes for non-registered candidates, Gaffud still maintained a substantial plurality over Bulan. Therefore, the Supreme Court AFFIRMED the judgment of the CFI, declaring Primo Gaffud the legally elected governor of Isabela. Costs were imposed on appellant Bulan.