Moya vs Del Fierro

stifle

or

frustrate

it.

This,

fundamentally, is the reason for

ELECTION;

APPRECIATION

BALLOTS;

TECHNICAL

SHOULD

NOT

OF

the rule that ballots should be

RULES

read and appreciated, if not with

utmost,

with

INTENTION OF VOTER. AS

liberality.

Counsel

long as popular government is

parties have called our attention

an end to be achieved and

to the different and divergent

safeguarded, suffrage, whatever

rules laid down by this court on

may be the modality and form

the appreciation of ballot. It will

devised, must continue to be

serve

the means by which the great

purpose for us to engage in the

reservoir

task

of

DEFEAT

power

must

be

no
of

reasonable,

good

for

and

both

useful

reconciliation

or

emptied into the receptacular

harmonization of these rules,

agencies wrought by the people

although this may perhaps be

through their Constitution in the

undertaken, as no two cases will

interest

be found to be exactly the same

and

of

good

the

government

common

weal.

in factual or legal environment.

Republicanism, in so far as it

It

implies

however, in this connection that

of

whatever might have been said

government, necessarily points

in cases heretofore decided, no

to the enfranchised citizen as a

technical rule or rules should be

particle of popular sovereignty

permitted

and as the ultimate source of

intention of the voter, if that

the established authority. He has

intention is discoverable from

a voice in his Government and

the

whenever possible it is the duty

evidence aliunde. This rule of

of the judiciary, when called

interpretation goes to the very

upon to act in justiciable cases,

root of the system. Rationally,

to give it efficacy and not to

also,

the

representative

adoption
type

of

is

sufficient

ballot

this

to

to

observe,

defeat

itself,

must

not

be

the

from

the

justification for the suggested

different.

It

liberalization of the rules on

complaints

appreciation of ballots which are

more explicitly worded, but as

now incorporated in section 144

they stood, the absence of such

of the Election Code (Comm. Act

No. 357).||| (Moya v. del Fierro,

confidently

G.R. No. 46863, [November 18,

protests were dismissed. We do

1939], 69 PHIL 199-205)

not discount a certain degree of

claim

is

true

the

could

have

been

could

not

be

asserted.

so
Both

plausibility attaching to the line

Badelles vs Cabili

of reasoning thus pursued by

the lower court. We are not

ELECTION

ELECTION

unaware of the undeniable fact

PROTEST; FAILURE TO ALLEGE

that both petitions were not

THEREIN

OF

distinguished by skill in their

ELECTION IRREGULARITIES AND

drafting or precision in their

THAT THEY WOULD AFFECT THE

terminology.

RESULT

seriousness and gravity of the

SUCH

LAW;
THE

OF

DETAILS

THE

FAILURE

GROUND

TO

ELECTIONS;
IS

NOT

imputed

failure

to

have

the
the

AN

elections conducted freely and

ELECTION PROTEST BASED ON

honestly, with such irregularities

IRREGULARITIES; INSTANT CASE.

alleged, give rise to doubts,

A greater regard for the cause

rational and honest, as to who

of

accuracy

admonished
from

DISMISS

Nonetheless

ought
the

asserting

uncompromising

to

have

were the duly elected officials.

lower

court

Such allegations, it is to be

in

an

tone

the

stressed,

would

have

to

be

accepted at their face value for

absence of an allegation that

the

purpose

the protestants in both cases

whether there is a cause of

failed to allege, that if the facts

action,

pleaded by them were proved

amounting

the result would not have been

admission of facts thus pleaded.

of

motion
to

determining
to

dismiss

hypothetical

We

cannot

in

on the basis of the legal votes,

the

or that the proclaimed results

order of dismissal. Without the

would be changed if the facts

lower court having so intended,

alleged are proven, when the

the dismissal would amount to

sole ground of the protest and

judicial abnegation of a sworn

the only purpose of protestant is

duty to inquire into and pass

to have the whole election in a

upon

precinct or municipality annulled

conscience

in

proceeding

in

law

then

and

sustain

an

appropriate
of

and set aside. In other words, I

of

like to make it clear that an

such character. Accordingly, we

election protest may be filed not

reverse.||| (Badelles

Cabili,

only for the purpose of having

L-29334,

the protestant declared elected,

misconduct

G.R.

No.

allegations
and

misdeeds
v.

L-29333,

[February 27, 1969])

ELECTION

LAW;

PROTEST;

WHEN

but even for the purpose alone

ELECTION
THE

SOLE

of having the election annulled.

Otherwise

stated,

PURPOSE THEREOF IS TO ANNUL

may

THE

IS

necessarily to win an election,

UNNECESSARY TO INQUIRE INTO

but even if solely to have the

ITS EFFECT ON THE RESULT OF

court declare that no one has

THE ELECTION. I believe that

won because the election is void

what should be emphasized in

and that it is obvious and pure

these cases is that ruling in Our

common sense that in the latter

decision to the effect that in an

case, the protestant does not

election

(otherwise

have to allege the probability of

entitled at times, petition or

his being the real victor, for in

complaint or motion of protest),

such a case, his prayer precisely

it is not necessary to allege that

is - that it be declared, using the

the true results of the election in

language of the law, "that none

question would be in favor of

of

protestant and against protestee

elected."

ELECTION,

protest

IT

come

them

to

protestants

has

court,

been

not

legally

||| (Badelles v. Cabili, G.R. No. L-

Commission has the power to

29333, L-29334, [February 27,

decide

1969])

questions

all

administrative

affecting

Elections,

except the question involving

Purisima vs Salanga

the right to vote (Article x,

Section 2, Constitution of the

ELECTION LAWS; PETITION FOR

RECOUNT;

CANDIDATE

AFFECTED CAN FILE PETITION

ALONE. A candidate affected
can file a petition for recount
alone, without the concurrence
of

the

provincial

canvassers

board

(Cawa vs.

of
Del

Rosario, L-16837-40, May 30,

1960.) From the fact, therefore,
that

the

provincial

board

of

canvassers has not petitioned

for

recount

it

cannot

be

that

they

were

not

inferred

convinced,

discrepancy

existed.||| (Purisima v. Salanga,

G.R. No. L-22335, [December
31, 1965], 122 PHIL 1084-1091)

Philippines).
2. ID.;

ID.;

CANVASS

OF

ELECTION RETURNS; POWER OF

THE COMMISSION IN RELATION
THERETO.

The Commission on Elections ha

s the power to investigate and
act on the propriety or legality
of

the

canvass

of

election

returns made by the board of

canvassers. The power of the
Commission in this respect is
simply

administrative

supervisory

and

intended

to

secure the proclamation of the

winning candidate based on the
true count of the votes cast.
3. ID.; ID.; ID.; ID,; TAMPERED
ELECTION RETURNS; DUTY OF
THE

Cauton vs Comelec

COMMISSION.

Once

the Commission on Elections is

ELECTIONS; COMMISSION ON EL

convinced

ECTIONS;

returns in the hands of the

POWER

CONSTITUTIONAL
THEREOF.

The

board

of

that

the

canvassers

election
do

not

constitute the proper basis in

BALLOT

ascertaining the true result of

CIRCUMSTANCES. Once it is

the elections, it should be its

found that the copy of

duty to order the taking of such

election return inside the ballot

steps as may be necessary in

box

order that the proper basis for

the Commission on Elections wo

the canvass is obtained or made

uld then have accomplished two

available.

things, namely: (1) secured a

4. ID.; ID.; ID.; ID.; ID.; ID.; CASE

AT BAR. The three copies of
the election returns outside the
ballot box do not constitute a
reliable basis for canvass, then
the Commission on Elections, in
the exercise of its power to
administer and enforce the laws
relative
elections,

to

the

conduct

may

order

of
the

BOXES

UNDER

is

THE
the

untampered,

basis for the prosecution for the

violation of the laws relative to
elections, and (2) afforded the
party

aggrieved

by

the

alteration of the election returns

outside the ballot box a basis for
a judicial recount of the votes as
provided for in Section 163 of
the Revised Election Code.
6. ID.;

ID.;

PURITY

OF

THE

opening of the ballot boxes to

ELECTION; CHOICE OF MEANS

ascertain

TO

whether

the

copy

INSURE

SUCH

inside each ballot box is also

DISCRETIONARY

tampered like the three copies

COMMISSION.

outside

Commission on Elections,

the

ballot

box,

ON
by

corresponding to each precinct.

constitutional mandate, must do

The Commission on Elections m

everything in its power to secure

ay do this on its own initiative,

a fair and honest canvass of the

or upon petition by the proper

votes cast in the elections, In

party.

the performance of its duties,

5. ID.; ID.; ID.; ID.; ID.; ID.; ID.;

PURPOSE AND EFFECT OPENING

the Commission must be given a

considerable

latitude

in

adopting means and methods

the Commission on Elections whi

that

ch

will

insure

accomplishment
objective
created

for
-

of

the

which

to

the
great

it

was

promote

free,

orderly and honest elections.

The choice of means taken by
the Commission, unless they are
clearly illegal or constitute grave
abuse of discretion, should not
be interfered with.

is

charged

with

the

administration and enforcement

of

the

laws

relative

to

the

conduct of elections.
||| (Cauton v. COMELEC, G.R. No.
L-25467, [April 27, 1967], 126
PHIL 291-304)
Roque vs Comelec

7. ID.; ID.; OPENING OF THE

The

BALLOT

based as it is again on news

BOX;

WHEN

argument

is

untenable,

ALLOWABLE. Under Section

reports.

157

Election

cannot expect the Court to act

Code, the ballot boxes may be

on unverified reports foisted on

opened in case there is an

it. And, of course, the Court is at

election contest. They may also

a loss to understand how the

be opened even if there is no

sub-contract

election

scheme

of

the

Revised

contest

when

their

Surely,

of

petitioners

would,

in

things,

the

constitute

contents have to be used as

grave abuse of discretion on the

evidence in the prosecution of

part of Comelec so as to nullify

election frauds. Moreover, they

the

may be opened when they are

automation

the

petitioners

subject

investigation

of

any

which

official

may

be

contract

award
project.

other competent authority. The

unilaterally

made

competent

subcontract

to

include

As

acknowledge, again citing news

reports,

must

the

themselves

ordered by a competent court or

authority

of

"Smartmatic
the

has

the

new

Chinese

company." 30 Petitioners

admit

too,

albeit

with

that RA

qualification,
9184 allows

Therefore,

under the present

law, the Comelec and other

subcontracting of a portion of

prosecuting

the

government, such as the DOJ,

automation

project. 31 IcSHTA||| (Roque,

Jr.

now

arms

exercise

of

the

concurrent

v. Commission on Elections, G.R.

jurisdiction in the investigation

No.

and

188456,

[February

10,

2010], 626 PHIL 75-92)

prosecution

of

election

offenses. DSIaAE||| (Arroyo

v.

Department of Justice, G.R. No.

On the basis of the arguments,

199082, 199085, 199118, [July

past and present, presented by

23, 2013])

the petitioners and intervenor,

the Court does not find any

People vs Corral

grave abuse of discretion on the

ELECTION LAW;

part of the Comelec in awarding

SUFFRAGE;

the automation contract to the

DISQUALIFICATION. Under

joint

the

venture

of

private

respondents. ||| (Roque,

Jr.

v.

law

disqualified

person

to

vote

is
who,

Commission on Elections, G.R.

since the 13th day of August,

No.

1898, has been sentenced by

188456,

[February

10,

2010], 626 PHIL 75-92)

final judgment to suffer not

less than eighteen months of

Arroyo vs DOJ and Comelec

imprisonment, such disability

not having been removed by

the Court pointed out that the

plenary

framers

(Administrative

of

the 1987

Constitution did not have such

intention. This exclusivity is thus
a legislative enactment that can
very

well

Section

be
43

amended
of RA

by

9369.

pardon.
Code,

sec.,

432.)
2. ID.;

ID.;

ID.;

VIOLATION OF. Whoever at

any election votes

knowing

that he is not entitled so to

restriction is to preserve the

do

purity of elections. (9 R. C. L.,

incurs

in

criminal

responsibility. (Sec. 2642 of

1042.)

the Administrative Code.)

6. ID.;

3. ID.; ID.; STATUTORY

PRESUMPTION ARISING FROM

NOT NATURAL RIGHT. The

CONVICTION.

modern

presumption

conception

of

the

ID.;

is

The

that

suffrage is not voting is a

rendered

function of government. It is

conviction of felony is unfit to

right created by law, not a

exercise

natural right.

suffrage or to hold a public

4. ID.; ID.; A PRIVILEGE.

Suffrage

is

infamous

one

the

privilege

by
of

office. (9 R. C. L., 1042.)

privilege

7. ID.;

ID.;

granted by the State to such

DISQUALIFICATION

person or classes as are most

PROTECTION,

likely to exercise it for the

PUNISHMENT.

public good. For reasons of

exclusion from the exercise of

public policy, certain classes

suffrage must be adjudged a

of persons are excluded from

mere

the

imposed for protection and

franchise.

generally

Among

excluded

the

classes

not

IS

FOR
NOT

The

disqualification
for

punishment,

the

are minors, idiots, paupers,

withholding of a privilege and

and convicts.

not the denial of a personal

5. ID.; ID.; RIGHT OF

STATE. The right of State

right. (9 R. C. L., 1042.)

8. ID.;

ID.;

to deprive persons of the

DISQUALIFICATION;

right of suffrage by reason of

DURATION. From the very

their having been convicted

nature

of crime, is beyond question.

disqualification which is

The manifest purpose of such

imposed "for protection and

of

the

suffrage

not for the punishment, the

OFFICERS; ELECTION LAW,

withholding of a privilege and

SECTIONS

not the denial of a personal

432,

right" the deprivation of

ADMINISTRATIVE

suffrage does not lapse at

SECTION 2174, CONSTRUED.

the

expiration

sentence

of

of

the

(Administrative

the

convict.

Code,

sec.

432.)
ID.;

PRESCRIPTION.

disqualification

for

431,

AND

AND

THE
CODE,

candidate

elected

to

who

the

was

office

of

municipal president and who

at

9. ID.;

404,

the

time

of

ID.;

the election was

The

as a voter of Manila and not

crime

of the municipality in which

imposed by law, having once

he

attached

having

nevertheless eligible to the

been subsequently removed

office, and proceedings in the

by a plenary pardon, is not

nature

wiped out only because the

warranto instituted by virtue

ex-convict

of the provisions of section

and

not

had

once

been

was

registered

candidate,

is

of quo

408 of the Election Law, as

allowed to vote.
||| (People v. Corral, G.R. No.
42300, [January 31, 1936], 62
PHIL 945-952)

amended,

by

president

elect

the
of

vicethe

municipality, who challenged

the right of the municipal
president

Yra vs Abano

elect,

to

the

position to which elected on

the ground that the municipal

ELECTIONS;
WARRANTO;"

"QUO
MUNICIPAL

CORPORATIONS;
QUALIFICATIONS
ELECTIVE

president
cannot

was
be

maintained.
OF
MUNICIPAL

ineligible,
successfully

2. ID.; ID.; ID.; ID.; ID.

The Election Law

3. ID.; ID.; ID.; ID.; ID.

makes

One may be a qualified

use of the terms "qualified

voter without exercising the

voter

right

in

and

his

municipality,"

"qualified

to

vote.

Registering

elector

does not confer the right; it is

therein." To be a qualified

but a condition precedent to

voter, does not necessarily

the exercise of the right.

mean that a person must be

Registration

regulates

exercise

the

right

of

is

not

registered

voter.

It

is

of

sufficient for the candidate to

suffrage.

possess

qualification for such right.

all

qualifications

of
prescribed

the

It

the

in

4. ID.; ID.; ID.; ID.; ID.

section 431 and none of the

The question of residence

disqualifications prescribed in

for

section 432. The fact that a

the Election Law

candidate failed to register as

one of intention.

an elector in the municipality

does not deprive him of the
right to become a candidate
and to be voted for.

the

purposes
is

of

largely

5. ID.; ID.; ID.; ID.; ID.

In elections, the will of the
electorate

should

be

respected if it be possible to
effectuate it.
||| (Yra

v.

Abano,

G.R.

No.

30187, [November 15, 1928],

52 PHIL 380-385)
Akbayan vs Comelec

ELECTIONS;
WARRANTO;"
CORPORATIONS;

"QUO
MUNICIPAL

QUALIFICATIONS

OF

ELECTIVE

MUNICIPAL

2. ID.; ID.; ID.; ID.; ID.

The Election Law

makes

OFFICERS; ELECTION LAW,

use of the terms "qualified

SECTIONS

AND

voter

THE

and

404,

432,

431,

AND

ADMINISTRATIVE

in

his

municipality,"

"qualified

elector

CODE,

therein." To be a qualified

SECTION 2174, CONSTRUED.

voter, does not necessarily

mean that a person must be

candidate

elected

to

who

the

was

office

of

registered

voter.

It

is

municipal president and who

sufficient for the candidate to

at

possess

the

time

the election was

of

registered

all

qualifications

of
prescribed

the
in

as a voter of Manila and not

section 431 and none of the

of the municipality in which

disqualifications prescribed in

he

is

section 432. The fact that a

nevertheless eligible to the

candidate failed to register as

office, and proceedings in the

an elector in the municipality

nature

of quo

does not deprive him of the

warranto instituted by virtue

right to become a candidate

of the provisions of section

and to be voted for.

was

candidate,

408 of the Election Law, as

amended,

by

president

elect

the
of

3. ID.; ID.; ID.; ID.; ID.

vice-

One may be a qualified

the

voter without exercising the

municipality, who challenged

right

the right of the municipal

does not confer the right; it is

president

the

but a condition precedent to

position to which elected on

the exercise of the right.

the ground that the municipal

Registration

regulates

president

exercise

the

cannot

elect,

was
be

maintained.

to

ineligible,
successfully

to

vote.

of

Registering

right

the
of

suffrage.

It

is

not

qualification for such right.

6. ID.; ID.; ID.; ID.; ID.;

STATUTORY CONSTRUCTION.

4. ID.; ID.; ID.; ID.; ID.

The

contemporaneous

The question of residence

construction of the law by the

for

legislative

the

purposes

the Election Law

is

of

largely

5. ID.; ID.; ID.; ID.; ID.

In elections, the will of the
should

executive

branches of the Government,

while not controlling on the

one of intention.

electorate

and

be

Judiciary,

is

entitled

to

respectful consideration.
||| (Yra

v.

Abano,

G.R.

No.

respected if it be possible to

30187, [November 15, 1928],

effectuate it.

52 PHIL 380-385)