GR 46497; (September, 1939) (Digest)
G.R. No. 46497; September 18, 1939
ANTONIO S. SAN AGUSTIN, petitioner, vs. CONRADO BARRIOS, Judge of First Instance of Iloilo, EULOGIO GARGANERA, SERAPION C. TORRE, EVELIO ZALDIVAR, FORTUNATO R. YBIERNAS, SERAFIN DE LA CRUZ, LEOPOLDO GANZON, and CRISPINO MELOCOTON, respondents.
FACTS
Petitioner Antonio S. San Agustin was a candidate for councilor of Iloilo City in the December 14, 1937 election. After losing, he filed an election protest. The trial court confirmed the election of the respondents. In a prior certiorari case (G.R. No. 46196), the Supreme Court reversed and ordered the trial judge to reopen the protest, specifically to examine 38 stubless ballots from Precinct No. 32, segregate the excess ballots, and determine if the board of canvassers correctly rejected certain ballots as marked. On remand, the trial judge again ruled against San Agustin, finding that among the 38 ballots, only 9 were excess ballots and the remaining 29 were properly rejected as marked. San Agustin filed this new petition for certiorari, alleging the trial judge failed to properly comply with the Supreme Court’s previous order.
ISSUE
Whether the respondent judge committed a grave abuse of discretion or failed to comply with the Supreme Court’s directive in G.R. No. 46196 when he rendered his new decision after reopening the election protest.
RULING
No. The petition is dismissed. The Supreme Court held that the respondent judge sufficiently complied with its previous order. The decision on remand showed that the judge examined the 38 ballots, identified which were excess ballots and which were marked, and explained his findings. The Court reiterated that while a judge may be directed to decide a question, he cannot be directed to decide it in a particular way. Furthermore, the petitioner was estopped from challenging the method of segregation since he had opposed the respondent Melocoton’s suggestion to segregate by lot and had insisted that the court itself examine the ballots. Even assuming the 9 ballots counted as excess were all valid, San Agustin would only gain 2 votes, still leaving him 13 votes behind respondent Melocoton.
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