GR L 24253; (February, 1967) (Digest)
G.R. No. L-24253 February 17, 1967
BRIGIDO CRISTINO, protestant-appellant, vs. LEON CAVITE, protestee-appellee.
FACTS
In the November 1963 local elections in Hindang, Leyte, protestant-appellant Brigido Cristino contested the results for municipal councilor against protestee-appellee Leon Cavite. The case hinges on 154 ballots where the name “D. Cristino” was written in the space for councilors. If credited to protestant, he would win; otherwise, protestee wins by 17 votes. Three candidates bore the surname Cristino: protestant Brigido (known as “Beding” or “Ding”), his brother Bernardo (known as “Bernal,” “Doc,” “Dr.,” or “Do,” a dental medicine graduate), and their cousin Zosimo. The trial court rejected protestant’s claim to the 154 ballots, declaring them stray votes, as it could not be clearly determined whether “D. Cristino” referred to Brigido (for “Ding”) or Bernardo (for “Doc,” “Dr.,” or “Do”). The court noted protestant’s withdrawal of claims on ballots with other initials like “E. Cristino” and “G. Cristino,” which undermined his sincerity. Protestant argued he distributed sample ballots with “D. Cristino,” but the trial court found no proof these were used in the election and questioned their genuineness.
ISSUE
Whether the 154 ballots marked “D. Cristino” should be counted in favor of protestant-appellant Brigido Cristino.
RULING
No. The Supreme Court affirmed the trial court’s judgment, declaring the 154 ballots as stray votes. The Court upheld the factual finding that the voter’s intention could not be clearly ascertained, as “D. Cristino” could refer to either Brigido (nickname “Ding”) or Bernardo (nicknames “Doc,” “Dr.,” or “Do”). While the rule is to give effect to voter intention, it cannot be based on surmise. Rule 16, Section 149 of the Revised Election Code (as amended by Republic Act 3036) provides that when two or more candidates have the same surname and one is seeking re-election, a ballot with only the surname shall be counted for the re-electionist. However, this did not apply because the ballots did not bear “only such surname” (Cristino); they included the initial “D,” which created ambiguity between two candidates. Therefore, the ballots were correctly excluded. Costs were imposed on protestant-appellant.