Lomugdang v. Javier
REITERATIONFacts
The Antecedents: In the general elections of November 12, 1963, Paterno Javier was proclaimed Municipal Mayor of Culasi, Antique, having received 1,203 votes, while Felix Lomugdang obtained 1,150 votes. Lomugdang filed a protest impugning the election results in Precinct No. 4 due to alleged errors or irregularities by the Board of Election Inspectors, erroneous appreciation of ballots, and improper adjudication of votes. Procedural History: Paterno Javier filed a counter-protest, impugning election results in numerous precincts. He alleged that ballots in most counter-protested precincts were burned pursuant to Section 157 of the Revised Election Code, and he intended to present evidence aliunde. Before any evidence was adduced, Lomugdang died. Javier moved to dismiss the protest. Pablo Pe Alolod, the Vice-Mayor elect, moved to intervene, asserting his right to the office should the protest succeed. The trial court denied Javier's motion to dismiss and allowed Alolod to intervene. The court also ordered the opening of the ballot box for Precinct No. 4. Subsequently, Alolod moved to dismiss the counter-protest, arguing that evidence aliunde was inadmissible due to the burning of ballots. Javier opposed this, seeking to present voter testimony. The trial court deferred ruling on the motion to dismiss the counter-protest and allowed the marking of election returns. Ultimately, the trial court denied Javier's petition to present evidence aliunde for the counter-protest and considered the case submitted for decision. The trial court then declared Felix Lomugdang as the duly elected Municipal Mayor with a plurality of seven votes and held Pablo Pe Alolod entitled to the office. The Petition: Paterno Javier appealed the decision and various orders to the Court of Appeals, which certified the case to the Supreme Court as the issues involved were purely of law. The appellant filed his brief, and all parties prayed for an early decision.
Issue(s)
Whether the election protest abates upon the death of the protestant. Whether the Vice-Mayor elect has the right to intervene in an election protest. Whether the protestee-appellant should be allowed to present evidence aliunde to support his counter-protest after the ballots in the counter-protested precincts were burned. Whether the protestant was duly elected Municipal Mayor.
Ruling
The Supreme Court affirmed the decision of the lower court, declaring Felix Lomugdang as the duly elected Municipal Mayor of Culasi, Antique, and holding Vice-Mayor Pablo Pe Alolod entitled to the office. The decision shall become final within five (5) days from notice to the parties.
Ratio Decidendi
On the abatement of the protest upon the death of the protestant: The Court held that an election contest is a matter clothed with public interest, and public policy demands that such a contest, once duly commenced, shall not be abated by the death of the contestant. This principle is consistent with previous rulings that the ineligibility of the protestant or the cessation of the protestee in office does not divest the court of its jurisdiction or warrant dismissal. Therefore, the trial court did not err in refusing to dismiss the protest upon the death of Lomugdang. On the intervention of the Vice-Mayor elect: Citing Section 7 of Republic Act 2264 and the ruling in Sibulo Vda. de Mesa vs. Judge Mencias, the Court held that the vice-mayor elect has the status of a real party in interest in the continuation of election protest proceedings. If the protest succeeds and the protestee is unseated, the vice-mayor would succeed to the office of mayor. Thus, the Vice-Mayor elect is entitled to intervene in the case. The trial court correctly allowed Pablo Pe Alolod to intervene. On the admissibility of evidence aliunde for the counter-protest: The Court found no error in the trial court's denial of the protestee-appellant's offer of evidence aliunde (voter testimony) to support the counter-protest. The ballots in most of the counter-protested precincts had been burned pursuant to Section 157 of the Revised Election Code. The Court reasoned that allowing approximately 4,000 voters to testify would amount to holding another election, prolonging the trial excessively, especially given the proximity of the next elections and the expiration of the term. Furthermore, the Court noted that the protestee-appellant could have avoided the destruction of ballots by acting with due diligence and notifying the municipal treasurer of his intended counter-protest, suggesting a possible design for protracted delay. The Court distinguished this case from Salvani vs. Garduño, where only one precinct was involved, deeming the present scenario improper due to the sheer number of witnesses and the potential for undermining the secrecy of the ballot. On the declaration of the protestant as duly elected mayor: Based on the evidence admitted and the procedural rulings, the trial court found that Felix Lomugdang had received a plurality of seven votes over Paterno Javier. Since the protest was not abated, the intervention of the Vice-Mayor was proper, and the counter-protest's evidence aliunde was disallowed, the trial court's declaration of Lomugdang as the duly elected mayor was upheld.
Main Doctrine
An election contest duly commenced is not abated by the death of the contestant, and the vice-mayor elect has the status of a real party in interest entitled to intervene. Evidence aliunde is generally inadmissible to prove counter-protest allegations when ballots have been destroyed, especially when such destruction could have been avoided by timely action and the presentation of numerous witnesses would unduly prolong the proceedings.