G.R. No. 42447, December 21, 1934
FELIPE RODRIGUEZ, protestant-appellee, vs. VICENTE ZAMBRANO, protestee-appellant.

FACTS

This is an appeal from an election protest concerning the results for municipal president of Balaoan, La Union, in the June 5, 1934 election. The Court of First Instance found both candidates, Felipe Rodriguez and Vicente Zambrano, tied with 435 votes each. The appeal involves the examination of fifty-six (56) questioned ballots.

ISSUE

Whether the trial court correctly adjudicated the validity of the fifty-six (56) questioned ballots, and consequently, who obtained the highest number of valid votes for municipal president.

RULING

The Supreme Court reversed the trial court’s decision. After reviewing the ballots, the Court held:
1. It concurred with the trial court’s validity rulings on most ballots, both those counted and those rejected.
2. However, it found the trial court erred in being overly strict in rejecting six (6) ballots (Exhibits 2-E, 2-G, 4, 5, 5-D, 6-H) for alleged illegibility or markings. Making due allowance for voter difficulties, these ballots sufficiently expressed voter intent and were declared valid for Zambrano.
3. The Court also found that two (2) ballots (Exhibits 10 and P-1) rejected by the trial court were valid and should be counted for Rodriguez. Ballot P-1, written partly in script and partly in print, showed characteristics of being written by one person and was not marked.
4. One ballot (Exhibit P-4) was correctly rejected as it contained irrational numerical markings.
5. The final tally resulted in 437 votes for Rodriguez and 441 votes for Zambrano.
Therefore, Vicente Zambrano is declared the duly elected municipal president of Balaoan.

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