G.R. No. L-2010; April 9, 1948
CIPRIANO RAYMUNDO, ET AL. vs. PRIMITIVO L. GONZALES, ET AL.

FACTS

Petitioners, who were protestants in election contests for municipal positions in Pasig, Rizal, filed a petition for certiorari. They sought to compel the respondent judge to: (1) allow their handwriting expert to examine the protestees’ ballots in nine precincts that had already been revised by court-appointed commissioners, and (2) order without delay the recount of votes for vice-mayor and councilors in nine other precincts. The respondent judge had denied the motion for examination by a handwriting expert, reasoning that it would amount to an unauthorized second revision of the ballots.

ISSUE

Whether a party in an election contest has the right to have a handwriting expert examine ballots already revised by court commissioners, or if such examination constitutes an impermissible second revision.

RULING

The Supreme Court granted the petition in part. It ruled that ballots counted and revised by commissioners are documentary evidence in an election contest. As such, they are subject to examination by the parties, their attorneys, and handwriting experts at any time during the trial, subject to court supervision to prevent loss or tampering. The Court held that the use of commissioners is merely a time-saving device to facilitate the initial counting and grouping of potentially objectionable ballots. It does not preclude a party from later presenting expert testimony on the ballots, nor are parties bound by objections made during the revision. The right to present evidence, including expert examination, should not be denied. Therefore, the respondent judge was ordered to allow the petitioners’ handwriting expert to examine the ballots. Regarding the second prayer for a recount, the Court deemed it unnecessary as the respondents had alleged, without dispute, that the recount had already been completed on February 23, 1948.

AI Generated by Armztrong.