G.R. No. L-12934, December 8, 1917
PIO ANCHETA, protestant-appellee, vs. MAURO ORTIZ, ET AL., protestees. MAURO ORTIZ, appellant.

FACTS:
An election for the provincial governor of La Union was held on June 6, 1916. The provincial board of canvassers proclaimed Mauro Ortiz as the winner with 3,499 votes, while Pio Ancheta received 3,331 votes. Ancheta filed an election protest in the Court of First Instance of La Union, alleging irregularities and fraud in several municipalities. Ortiz, in his answer, denied the allegations and raised counter-protest for alleged fraud in other municipalities. By agreement of the parties, the court appointed commissioners to examine the ballots and receive evidence. The commissioners submitted a report detailing the number of clear, doubtful, and protested votes for each candidate. Both parties agreed to the report’s accuracy except for the municipality of Bacnotan, for which they presented additional evidence. The lower court, after reviewing the evidence and the commissioners’ report, declared Pio Ancheta the winner with 3,385.59 1/31 votes against Ortiz’s 3,272.54 16/31 votes, and ordered the provincial board to correct its return accordingly. Ortiz appealed the decision.

ISSUE:
1. Whether the lower court erred in not personally presiding over the commissioners’ sessions.
2. Whether the lower court erred in accepting the commissioners’ report without hearing evidence on alleged fraud in municipalities other than Bacnotan.
3. Whether the municipal board of inspectors in Bacnotan committed irregularities in assisting voters and allowing unregistered persons to vote.

RULING:
The Supreme Court affirmed the decision of the lower court.
1. The appellant consented to the procedure whereby commissioners examined the ballots without the court’s presence and raised no objection during the proceedings. An objection not raised in the lower court cannot be entertained for the first time on appeal. The appointment of commissioners is precisely to relieve courts from the detailed work of counting ballots.
2. The appellant admitted the accuracy of the commissioners’ report for all municipalities except Bacnotan and limited his evidence to Bacnotan. Having agreed to the report and failing to present contrary evidence, he cannot later assail its acceptance.
3. The alleged irregularities in Bacnotanassisting voters without the required oath and allowing unregistered persons to votewere questions of fact. The preponderance of evidence showed no such irregularities were committed. Even assuming that eleven questionable votes were cast by unregistered persons, the lower court correctly apportioned them among the candidates, and this would not alter the election result.

The judgment declaring Pio Ancheta the duly elected governor of La Union was affirmed, with costs against appellant Mauro Ortiz.

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