G.R. No. 30315 , February 15, 1929
VICENTE DITCHING, protestant-appellant, vs. ESTEBAN JALANDONI, FELIX MONTINOLA LOZADA and VICENTE TINSAY, protestees. ESTEBAN JALANDONI, appellee.

FACTS

In the general elections for municipal president of Victorias, Occidental Negros held on June 5, 1928, Esteban Jalandoni was initially proclaimed the winner with 342 votes against Vicente Ditching’s 330 votes. Ditching filed an election protest. After a revision of ballots by court-appointed commissioners, the trial court adjudicated 340 votes to Jalandoni and 337 votes to Ditching, declaring Jalandoni the duly elected president by a plurality of 3 votes. Ditching appealed, contesting the validity of certain ballots counted for Jalandoni and one ballot rejected in his favor.

ISSUE

1. Whether the trial court erred in admitting certain contested ballots (Exhibits B-1, B-2, B-5, B-15, D-2, and D-12) as valid votes for Jalandoni.
2. Whether the trial court erred in rejecting ballot Exhibit C-16 as a valid vote for Ditching.
3. Whether the trial court correctly determined the final vote count and the winner of the election.

RULING

The Supreme Court PARTIALLY GRANTED the appeal, modifying the vote count but affirming Jalandoni’s victory.

1. On the contested ballots for Jalandoni:
* Ballots B-1 and B-2: The Court found these ballots invalid. They were found in the spoiled-ballot box with the word “spoiled” written on them, creating a presumption they were spoiled. The burden to prove their deposit there was due to mistake or fraud to count them as valid lies with the claimant (Jalandoni), which was not met. The trial court erred in admitting them. Two votes were deducted from Jalandoni’s total.
* Ballots B-15, D-2, and D-12: The Court affirmed the trial court’s validity of these ballots. The misspelled names (“Aslaben Ahanla,” “Sitiban Jaladu,” “Baslian Jalandoni”) were held to be phonetic attempts to write “Esteban Jalandoni” under the *idem sonans* (sounds the same) rule, reflecting the voter’s clear intent. No other candidate named Jalandoni existed, eliminating confusion.

2. On the contested ballot for Ditching (Exhibit C-16):
* The Court upheld its rejection. The initials “R.M.” written at the bottom of the ballot, outside the space for councilors, constituted a distinguishing mark placed to identify the ballot, violating the prohibition under Section 452 of the Election Law. The ballot was correctly invalidated.

3. On the final tally and winner:
* With the deduction of two votes from Jalandoni’s count (from ballots B-1 and B-2), his final valid votes were 338. Ditching’s valid votes remained 337.
* Jalandoni maintained a plurality of one (1) vote and was thus legally elected municipal president.

The appealed judgment was AFFIRMED with MODIFICATION of the vote count. Costs were imposed on appellant Ditching.