GR L 2008; (May, 1948) (Digest)
G.R. No. L-2008; May 17, 1948
ENRIQUE PAREJA, ET AL., petitioners, vs. GREGORIO S. NAVASA, JUDGE OF FIRST INSTANCE OF NEGROS ORIENTAL, ET AL., respondents.
FACTS
Petitioners filed an election protest contesting the results for vice-mayor and councilor in Ayuquitan, Negros Oriental, in the November 11, 1947 elections. They later moved for the opening and counting of ballots from eleven precincts to support allegations of terrorism, intimidation, coercion, and irregularities in the casting and counting of votes. The respondent judge denied the motion, citing Supreme Court doctrines requiring allegations to be “clear, rational and convincing,” and found the protest’s allegations “inaccurate and lacking in definiteness and sincerity.” A motion for reconsideration was also denied.
ISSUE
Whether the trial court has a ministerial duty to order the opening of ballot boxes and examination of ballots upon the petition of an interested party in an election protest under Section 175 of the Revised Election Code ( Republic Act No. 180 ).
RULING
Yes. The Supreme Court granted the petition and ordered the respondent judge to open the ballot boxes and examine the ballots. The Court held that under Section 175 of the Revised Election Code, the mere petition of any interested party is sufficient to compel the court to order the opening of ballot boxes and examination of ballots. The provision eliminated prior judicial limitations requiring allegations to be “clear, rational and convincing.” The legislative intent was to cut short technicalities and ensure prompt resolution of election protests. The duty is ministerial, and the trial court has no discretion to deny such a petition based on an assessment of the allegations’ sufficiency. The case was remanded for further proceedings.
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