GR 38736; (March, 1934) (Digest)
G.R. No. 38736; March 10, 1934
THE PROVINCIAL FISCAL OF NUEVA ECIJA, petitioner, vs. EDUARDO GUTIERREZ DAVID, Judge of First Instance of Nueva Ecija, ENRIQUE VILLAS, GUILLERMO REYES, and DOMINGO PILI, respondents.
FACTS
The Provincial Fiscal of Nueva Ecija filed an information charging respondents (election inspectors) with violation of the Election Law for allegedly making and signing a false statement of votes. After the accused pleaded not guilty, the prosecution moved for the opening of the relevant ballot boxes to introduce the ballots as evidence. The respondent judge sustained the defense’s objection and denied the motion. The Provincial Fiscal then filed this petition for mandamus to compel the judge to order the opening of the ballot boxes.
ISSUE
Whether a court may order the opening of ballot boxes for the purpose of using their contents as evidence in a criminal prosecution for election fraud, even in the absence of an election contest and after the one-year preservation period under the Election Law.
RULING
Yes. The petition for a writ of mandamus is granted.
Under Section 468 of the Election Law, the municipal treasurer must retain the ballot boxes unopened for one year, “subject to the order of the court of competent jurisdiction or other officer specially authorized by law to open the same.” After one year, the contents are to be burned only “if the contents are not needed for any lawful purpose.” The prosecution of election crimes constitutes a “lawful purpose” under this provision. The law does not restrict the opening of ballot boxes solely to election contests. The Rafols vs. Court of First Instance of Cebu precedent supports opening boxes after a formal complaint is filed, not for a “fishing expedition.” The fact that the ballots may involve votes for a legislative member does not impinge on the legislature’s sole power to judge its members’ elections, as the criminal case aims to punish fraud, not contest an election. The ballots remain admissible evidence even after the one-year period if needed for such a lawful purpose. Mandamus lies to compel the judge to perform the ministerial duty of allowing the prosecution to present its best evidence.
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