G.R. No. 32910, July 22, 1930
SIMEON Y. ABIERA, contestant-appellant, vs. SIMEON P. ABIERA, contestee-appellee.

FACTS

In the June 5, 1928 elections for municipal president of Dao, Antique, Simeon Y. Abiera (contestant) and Simeon P. Abiera (contestee) were candidates. The municipal board of canvassers proclaimed Simeon P. Abiera as the winner with 480 votes against Simeon Y. Abiera’s 446. Dissatisfied, Simeon Y. Abiera filed an election protest. The Court of First Instance of Antique, after trial, upheld the election of Simeon P. Abiera but revised the vote count to a majority of 15 votes. Simeon Y. Abiera appealed, assigning several errors in the adjudication of ballots.

ISSUE

Whether the trial court erred in its adjudication of contested ballots, thereby affecting the determination of the lawfully elected municipal president.

RULING

The Supreme Court partially modified the trial court’s ruling on specific ballots but affirmed the victory of Simeon P. Abiera.

1. On ballots for “Simeon Abiera” or “S. Abiera”: The Court held that under Section 404 of the Election Law, when two candidates share the same name and surname, the one previously elected to an office may continue using the name in his certificate of candidacy. Since Simeon P. Abiera had been previously elected municipal president, he was entitled to claim ballots with “Simeon Abiera” or “S. Abiera.” The trial court correctly adjudicated 225 such votes to him.

2. On ballots with misspelled names (e.g., Simeon Abra, Simio Abera): Applying the idem sonans rule, the Court found that these misspellings sufficiently identified Simeon P. Abiera and were correctly counted in his favor.

3. On ballots with variations like “C. P. Abrira” or “Simeon B. Abiera”: The Court ruled that these ballots, containing the initial “P” or “B,” which could be mistaken for “P,” and bearing the surname Abiera, indicated an intent to vote for Simeon P. Abiera and were properly adjudicated to him.

4. On ballots for “Simon F. Abiera,” “Simeon I. Abiera,” and “S. F. Abiera”: These were correctly adjudicated to Simeon P. Abiera, as the initials “F” and “I” were likely clerical errors for “P,” and the surname Abiera identified the contestee.

5. On ballots claimed by Simeon Y. Abiera (e.g., Simeon Ysulat, S. Y. Abiera): The Court adjudicated in favor of Simeon Y. Abiera ballots clearly indicating an intent to vote for him, such as “Simeon Ysulat,” “Simeon A. Ysulat,” and “S. Y. Abiera.” However, ballots with mere initials (e.g., “S Y A”) or variations like “S A Abira” were insufficient to identify the candidate and were not counted for him.

6. On ballots mistakenly placed in the spoiled-ballot box: Valid ballots for Simeon Y. Abiera (e.g., “S. Y. Abiera,” “Simeon Y. Abiera”) found in the spoiled-ballot box due to inspector error should be counted. However, ballots like “Y Ceneeon” were insufficiently identifying.

7. Recount Result: After review, Simeon Y. Abiera gained 14 additional votes, bringing his total to 488. Simeon P. Abiera retained 489 votes, maintaining a one-vote majority.

The Supreme Court AFFIRMED the trial court’s judgment declaring Simeon P. Abiera as the lawfully elected municipal president, with costs against Simeon Y. Abiera.