G.R. No. 35937; September 2, 1931
DIEGO CUEVAS, petitioner, vs. JUAN G. LESACA, Judge of FIRST INSTANCE OF BULACAN, AND FRANCISCO VIOLAGO, respondents.

FACTS

Petitioner Diego Cuevas filed an election protest against respondent Francisco Violago, the municipal president-elect of San Ildefonso, Bulacan. Cuevas alleged that in precincts 1 and 4, election inspectors fraudulently counted votes for Violago that should not have been counted because his name was not written in the correct space on the ballots, and fraudulently failed to count votes for Cuevas that should have been credited to him. Cuevas claimed that without these irregularities, he would have won by 90 votes. The trial court, after hearing preliminary evidence, denied Cuevas’s request to open the ballot boxes for examination.

ISSUE

Whether the trial court may require preliminary evidence of fraud before ordering the opening of ballot boxes in an election protest where the protest itself alleges specific irregularities in the counting of ballots.

RULING

No. The Supreme Court granted the petition for mandamus. Following established doctrine, when an election protest duly alleges irregularities in the conduct of election inspectors in the counting of ballots, such allegations constitute a sufficient ground for opening the ballot boxes and examining the questioned ballots. No prima facie showing of fraud other than the allegations in the protest is required. The law is mandatory; the protestant is entitled to have the ballots brought before the court once the question is duly raised. The respondent judge was ordered to open the ballot boxes from precincts 1 and 4 and examine the ballots.

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