Sarmiento v. Quemado
REITERATIONFacts
The Antecedents: In the general elections of November 17, 1959, Serafin Quemado was proclaimed Vice-Mayor of Laua-an, Antique, with 1,155 votes, a plurality of one vote over Alejandro Sarmiento, who received 1,154 votes. Procedural History: Sarmiento filed an election protest. The Court of First Instance of Antique ruled that Sarmiento obtained 1,148 votes and Quemado 1,146, declaring Sarmiento elected. Upon reconsideration, the court adjusted Sarmiento's vote count by one, but affirmed the decision. Quemado appealed. The Petition: Quemado appealed the decision, arguing that several ballots counted for Sarmiento should have been nullified as marked, and that certain ballots annulled by the lower court should have been counted in his favor. Sarmiento also assigned errors regarding ballots counted for Quemado.
Issue(s)
Whether the Supreme Court has jurisdiction to review the decision of the Court of First Instance in an election protest for the office of Vice-Mayor of a regular municipality. Whether the contested ballots were correctly appreciated, specifically regarding 'marked ballots,' 'written-by-two-hands,' and 'idem sonans.'
Ruling
The Supreme Court reversed the decision of the Court of First Instance. It declared Serafin Quemado elected as Vice-Mayor of Laua-an with a plurality of four (4) votes over Alejandro Sarmiento. The Court credited five (5) additional votes to Quemado from Exhibits Q-9, Q-20, Q-57, Q-58, and Q-62, bringing his total to 1,151 votes, while Sarmiento obtained 1,147 votes.
Ratio Decidendi
On Issue 1: The Supreme Court maintains jurisdiction over the appeal despite Section 178 of the Revised Election Code (Republic Act No. 180). Although the statute provides that the decisions of the Court of First Instance in election protests affecting vice-mayors and councilors of regular municipalities shall not be appealable, this must yield to the constitutional mandate. The Constitution provides that the Supreme Court may not be deprived of its jurisdiction to review final judgments of inferior courts where a question of law is involved. Applying the rule in Calano v. Cruz, the Court holds that appellate jurisdiction exists to correct errors of law in ballot appreciation. Consequently, the Court proceeds to resolve the merits of the cross-appeals filed by Quemado and Sarmiento. This ensures the judicial review of legal standards applied by trial courts in election matters. On Issue 2: The Court emphasizes that ballots should be viewed with a liberal lens to give effect to the voter's will. Under Article 149(18) of the Revised Election Code, the use of two or more kinds of writing or the inclusion of irrelevant expressions is considered innocent unless the intent to identify the ballot is manifest or proven by evidence aliunde. In the case of Exhibit Q-9, the Court ruled that crossed-out numbers and poor penmanship suggest a voter's humble condition and a desire to follow sample ballots rather than an intent to mark. Similarly, for Exhibits Q-58 and Q-62, the Court found no clear intent to identify the voter despite the repetition of candidates' names. Regarding the idem sonans rule, the Court held that 'Sirapin' is a valid vote for 'Serafin' and 'S. Amado' is valid for Serafin Quemado given the correct initial. Ultimately, the Court credited Quemado with five additional votes from Exhibits Q-9, Q-20, Q-57, Q-58, and Q-62, resulting in a total of 1,151 votes against Sarmiento's 1,147.
Main Doctrine
The Supreme Court reviewed an election protest concerning the vice-mayoral position, meticulously examining numerous ballots challenged as marked or improperly counted. The Court applied established rules on ballot identification, handwriting analysis, and the principle of idem sonams to determine the validity of votes, ultimately reversing the lower court's decision and declaring the protestee as the duly elected vice-mayor.