G.R. No. 43891; March 25, 1936
ILDEFONSO COSCOLLUELA, protestant-appellant, vs. EMILIO GASTON, protestee-appellee.

FACTS

In the June 5, 1934 elections for Governor of Occidental Negros, the provincial board proclaimed Emilio Gaston as the winner with a majority of 103 votes over Ildefonso Coscolluela. Coscolluela filed an election protest, alleging irregularities in 57 precincts. Gaston filed a counter-protest alleging irregularities in 47 precincts. The Court of First Instance rendered a decision declaring Gaston the winner with a majority of 399 votes. Both parties appealed.

ISSUE

The main issue was whether the trial court correctly adjudicated the contested ballots in determining the valid votes for each candidate for the office of provincial governor.

RULING

The Supreme Court modified the decision of the lower court. After reviewing the contested ballots, the Court held that the protestant-appellant Coscolluela won 262 additional valid votes that were erroneously rejected, while the protestee-appellee Gaston lost 38 votes that were erroneously admitted. Consequently, Gaston’s majority was reduced from 399 votes to 99 votes. The Court affirmed the lower court’s judgment with this modification, declaring Emilio Gaston legally elected Governor of Occidental Negros with a majority of 99 votes. Costs were imposed on the protestant-appellant.

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