G.R. No. L-24477 February 28, 1967
JOSE KATIGBAK, protestant-appellee, vs. RICARDO MENDOZA, protestee-appellant.

FACTS

After the November 1963 local elections, the Municipal Board of Canvassers of Padre Garcia, Batangas, proclaimed Ricardo Mendoza as the elected vice-mayor with 1,327 votes against Jose Katigbak’s 1,310 votes. Katigbak filed an election protest. The Court of First Instance of Batangas, after revision and appreciation of ballots, declared Katigbak elected by a plurality of one vote. Mendoza appealed directly to the Supreme Court on questions of law.

ISSUE

The core issue is whether the trial court correctly appreciated specific contested ballots, the resolution of which would determine the rightful winner of the vice-mayoralty contest.

RULING

The Supreme Court reversed the decision of the trial court and declared Ricardo Mendoza the duly elected vice-mayor.
1. On the Board of Revisors’ Report for Precincts 8 and 18: The Court found no error in the trial court’s handling of the reports. For Precinct 8, a ballot from the spoiled ballot box was correctly not counted due to lack of supporting evidence. For Precinct 18, a ballot written in the column for provincial board was properly excluded.
2. On Ballots Exhibits P22-C, P22-H, P22-I, P22-J, P22-K, and P22-L (Marked Ballots – Pattern Writing): The trial court erred in rejecting these six ballots. The mere fact that several voters in the same precinct wrote the name of councilor candidate “C. Layle” (for Laylo) identically as the last name voted for does not, by itself, prove a design to mark the ballot. An identification mark cannot be presumed; there must be evidence aliunde of the intent to identify. Furthermore, the misspelling “Layle” is idem sonans with “Laylo” and is valid absent proof it was designedly written to identify the voter. These six ballots are valid votes for Mendoza.
3. On Other Contested Ballots (Marked Ballots – Various Marks):
* Exhibit P21-E: Validly rejected as the name “Goce” was written three times, which is intentional and serves to identify the ballot.
* Exhibit 19-A: Validly admitted. Parallel lines under voted names do not invalidate the ballot; they merely indicate desistance from voting for other positions.
* Exhibit 19-B: Validly rejected. The inscription “MEND K.” for vice-mayor indicates the voter had no fixed choice between Mendoza and Katigbak.
* Exhibits 22-D and 11-A: Validly rejected as marked, as certain names were written three times.
* Exhibit 18-A: Validly admitted. The name “Espiritu” appears only twice (not three or more times), and lines on empty spaces indicate desistance, not identification.
4. On Ballots Exhibits 18-9 to 18-14 (Stray Votes): The trial court erred in not counting the votes for vice-mayor on these ballots. While votes for non-candidates for councilor (written in the councilor spaces) are void as stray votes under Rule 13, Section 149 of the Revised Election Code, they do not invalidate the entire ballot. Therefore, the votes for vice-mayor on these ballots, which were for Mendoza, should be counted.
5. On Ballots Exhibits P1-8 and P21-3 (Nicknames): The trial court erred in admitting these for Katigbak. The use of the nickname “Pepe” for vice-mayor, unaccompanied by the candidate’s surname “Katigbak,” is invalid under Rule 9, Section 149. These votes should not be counted for Katigbak.
RECAPITULATION: After re-tabulation, Katigbak’s total was reduced to 1,306 votes, and Mendoza’s total was increased to 1,321 votes. Mendoza won by a majority of 15 votes. The Supreme Court reversed the trial court’s decision and declared Ricardo Mendoza the vice-mayor elect of Padre Garcia, Batangas.