GR L 5611; (March, 1910) (Digest)
G.R. No. L-5611
THE UNITED STATES, plaintiff-appellee, vs. ROMAN VALERO, defendant-appellant.
March 12, 1910
FACTS:
In July 1907, Roman Valero, then municipal president of Jamindan, inspected the barrio of San Juan. During this inspection, he entered the house of Gregorio Maximo and requested him to vote for Jose Altavas for member of the Assembly in the upcoming election. Maximo refused, stating he had already promised to vote for Hugo Vidal. Valero became furious and threatened Maximo, stating that if he voted for anyone other than Altavas, he would “find himself at the point of a gun” and “learn that the accused was the one who governed in Jamindan,” along with other threatening language. Some days after the election, Valero instigated Constabulary and his cousin to take Maximo from his house. Valero ordered them to punish Maximo, who was subsequently bound to a tree and physically abused. Valero was convicted by the Court of First Instance of Capiz for violating Section 30 of the Election Law ( Act No. 1582 ) and sentenced to a fine of P200, prompting his appeal.
ISSUE:
Whether the threats proven were sufficient under Section 30 of the Election Law ( Act No. 1582 ) to justify a conviction for preventing a voter from freely and fully exercising his right to vote.
RULING:
The Supreme Court affirmed the judgment of the lower court. The Court found no need for extended argument, stating that the language of Section 30 of Act No. 1582 , which penalizes any person who, “by any wrongful means, shall prevent or attempt to prevent any voter from freely and fully exercising his right to vote,” was “too clear to require comment.” The Court concluded that the lower court was correct in its conclusions of law based on the proven facts of intimidation and threats made by Valero. The judgment of conviction was thereby affirmed, with costs against the appellant.
