Perez v. Suller
REITERATIONFacts
The Antecedents: Following the general elections of December 14, 1937, Primitivo S. Perez was proclaimed mayor-elect of San Miguel, Pangasinan, by a majority of one vote over his opponent, Nicomedes Suller. Suller filed a motion of protest, and the Court of First Instance declared Suller the winner by 10 votes. Perez appealed to the Court of Appeals, which affirmed Suller's election by a majority of 16 votes. Procedural History: The Court of First Instance of Pangasinan declared Nicomedes Suller as the mayor-elect. The Court of Appeals affirmed the decision of the Court of First Instance. The Petition: Primitivo S. Perez sought review of the Court of Appeals' decision, questioning the admissibility of 26 ballots cast in his favor but bearing variations in his name (e.g., "F. Ferez", "F.S. Ferez", "F.S. Ferrez", "F. Perez", "F Piris").
Issue(s)
Whether the 26 ballots containing the surname "Perez" (or its variations) but with the incorrect Christian name initials "F." or "F.S." are valid and should be counted in favor of Primitivo S. Perez.
Ruling
The decision of the Court of Appeals is reversed. Primitivo S. Perez is declared the mayor-elect of San Miguel, Pangasinan.
Ratio Decidendi
On Issue 1: The Supreme Court ruled that all 26 contested ballots are admissible and must be counted in favor of Primitivo S. Perez. The Court held that these ballots sufficiently identify the candidate notwithstanding the erroneous initial of the Christian name. Relying on the doctrine in Moya v. Del Fierro, the Court emphasized that as long as popular government is the goal, suffrage must be protected as the means by which the people's power is exercised. The Court noted that republicanism identifies the enfranchised citizen as the ultimate source of authority, making it the judiciary's solemn duty to give efficacy to their voice. Therefore, no technical rule should be allowed to defeat the intention of the voter if that intention can be discovered from the ballot itself without resorting to evidence aliunde. By counting these 26 votes, Perez obtained a majority of 10 votes over Suller, leading to the reversal of the Court of Appeals' judgment.
Main Doctrine
Ballots should be read and appreciated with reasonable liberality to give efficacy to the voter's intention, provided that intention is discoverable from the ballot itself and not from evidence aliunde. Technical rules should not defeat the intention of the voter.