GR L 13059; (January, 1959) (Digest)
G.R. No. L-13059; January 31, 1959
Timoteo Valencia, Jr., protestant-appellant, vs. Felipe Mabilangan, protestee-appellee.
FACTS
In the 1955 local elections for Municipal Mayor of Tagkawayan, Quezon, protestant Timoteo Valencia, Jr. was defeated by protestee Felipe Mabilangan by a plurality of 127 votes. Valencia filed an electoral protest on November 28, 1955. The lower court initially dismissed the protest on December 15, 1955, but reinstated it on March 22, 1956. After proceedings including the opening of ballot boxes and revision of ballots by commissioners, the protestee filed an ex-parte motion to dismiss on September 19, 1956, alleging the protestant’s lack of interest. The lower court granted this motion without giving the protestant an opportunity to be heard. The protestant filed a motion for reconsideration and a written offer of evidence detailing his objections to ballots, but the court denied the motion. The protestant appealed the orders of dismissal and denial of reconsideration.
ISSUE
1. Whether the lower court erred in dismissing the protest based on an ex-parte motion alleging lack of interest without giving the protestant notice and an opportunity to be heard.
2. Whether the lower court erred in not examining all the ballots presented in evidence by the protestant before dismissing the protest.
RULING
The Supreme Court found the lower court committed errors. First, it violated the protestant’s right to due process by granting the motion for dismissal ex-parte without notice and hearing. Second, the court failed in its duty to examine all ballots presented as evidence; the mere belief that the protest lacked merit did not justify refusing to examine each ballot. Given that only 11 months remained in the contested term, the Supreme Court decided to examine the ballots itself to resolve the protest promptly. Upon revision, the Court found protestant Valencia received 412 valid votes and protestee Mabilangan received 571 valid votes, after rejecting 22 ballots for Valencia and 52 for Mabilangan. This resulted in a majority of 159 votes in favor of Mabilangan. Consequently, the Court denied the electoral protest. No costs were awarded.