GR 36891; (August, 1932) (Digest)
G.R. No. 36891 ; August 29, 1932
ALBERTO REYES, protestant-appellant, vs. LUPO BITENG, protestee-appellee.
FACTS
In the 1931 elections for provincial governor of Ilocos Sur, the provincial board of canvassers proclaimed Lupo Biteng as the winner with 11,775 votes against Alberto Reyes’s 11,670 votes. Reyes filed an election protest, alleging fraud and irregularities, including an allegedly illegal election in the joint precinct of Concepcion and Sigay. The Court of First Instance, after a recount by appointed commissioners, declared Biteng the winner with 11,778 votes against Reyes’s 11,662 votes. Reyes appealed, assigning multiple errors in the trial court’s adjudication of ballots and its failure to annul certain precincts. During the appeal, Biteng died, but the Supreme Court continued the proceedings pursuant to the Election Law and precedent.
ISSUE
The main issues involved the correctness of the trial court’s rulings on: (1) the counting and validity of specific ballots for both candidates; (2) the alleged errors in vote computation; and (3) the validity of the elections in certain contested precincts.
RULING
The Supreme Court modified the trial court’s decision. It found merit in some of Reyes’s assignments of error regarding vote computation and the validity of certain ballots. The Court credited Reyes with 41 additional votes due to computational errors and reinstated several ballots previously rejected. It also invalidated 81 ballots for Biteng from Suyo for being written by one hand for illiterate voters without the required oath. After recounting, the final tally was Reyes with 11,706 votes and Biteng with 11,697 votes, giving Reyes a plurality of 9 votes. Consequently, the Court reversed the trial court and declared Alberto Reyes the duly elected provincial governor of Ilocos Sur. Costs were awarded against the estate of the deceased appellee, Lupo Biteng.
AI Generated by Armztrong.