Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1960 > January 1960 Decisions > G.R. No. L-16286 January 30, 1960 - CESAR SAMSON v. NUMERIANO G. ESTENZO

106 Phil 1140:




PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[G.R. No. L-16286. January 30, 1960.]

DR. CESAR SAMSON, Petitioner, v. HON. NUMERIANO G. ESTENZO, Judge of the Court of First Instance of Leyte, 13th Judicial District, 5th Branch at Ormoc City, and (Mrs.) ASUNCION CONUI OMEGA, Respondents.

Victoriano C. Teleron, Cristobal S. Mendiola, Antonio G. Sumaijag, Benjamin Togonon and Norberto Quisumbing for Petitioner.

Tan S. Nuguid for Respondents.


SYLLABUS


ELECTIONS; RECOUNT OF VOTES; APPLICATION OF SECTION 168 IN RELATION TO SECTION 163 OF REPUBLIC ACT No. 180. — The recount of the votes cast in a given precinct when "another copy or other authentic copies of the statement from an election precinct submitted to the board gives a candidate a different number of votes and the difference affects the result of the election . . .," authorized under section 168, in relation to section 163 of Republic Act No. 180, must be made by the Court of First Instance itself, not by the Board of Canvassers, and is "for the sole purpose of determining," not who is the elected candidate, but "which is the true statement or which is the true result of the count of the votes cast" in the precinct in question. The aforementioned sections are inapplicable where the alleged conflicts exist between the election returns, or statements of the count alluded to in section 150 of said Act, on one hand, and the certificate mentioned in section 153 thereof, on the other.


D E C I S I O N


CONCEPCION, J.:


This is a petition for certiorari and prohibition to enjoin the Court of First Instance of Leyte, presided over by respondent Judge, Hon. Numeriano G. Estenzo, from enforcing its order of December 1, 1959, to open the ballot boxes of Precincts Nos. 8, 17 and 28, of Ormoc City and make a recount of the votes therein cast. The petition, likewise, contained a prayer for a writ of preliminary injunction, which we issued upon the filing of the requisite bond.

Petitioner Dr. Cesar Samson and respondent herein, Mrs. Asuncion Conui Omega, were, among others, candidates for councilor of the City of Ormoc in the general elections held on November 10, 1959. After a canvass by the City Board of Canvassers of the votes then cast, it appeared, on November 23, 1959, that Samson had garnered enough votes to be proclaimed as the last of the eight (8) councilors elected to the city council, with a plurality of three (3) votes over his nearest opponent, said Mrs. Conui Omega. However, on the same date, the latter filed with the aforementioned Court of First Instance a petition for the recounting of the votes cast in Precincts Nos. 17 and 28 of said city, upon the ground that the election returns therefore, which gave her 68 votes in each precinct, were contradicted by the certification of the result of the election therein, incorporated in Form No. 8 of the Commission on Elections, according to which she got only 67 and 59 votes, respectively. On November 24, Mrs. Omega amended her petition by including in her request for recount the ballot box of Precinct No. 8 of Ormoc City, upon the ground that, in said precinct, "the . . . election result certified by the Board of Election Inspectors in the Transcript of Election Returns (Elecsee form) submitted to and as gathered by the 59th PC Company, Ormoc City, which is duly deputized agency of the Commission on Elections, only 41 votes were tallied in favor of Dr. Cesar Samson," whereas "the same Board of Election Inspectors . . . in another statement" (referring to the election returns), "certified that the same candidate Dr. Cesar Samson got 71 votes." Upon the filing of said amended petition, the Court of First Instance issued an order enjoining the Municipal Board of Canvassers "from further proceeding with the canvass" until further orders, and, relying upon sections 163 and 168 of the Revised Election Code, the court issued on November 25, 1959, another order the dispositive part of which reads:jgc:chanrobles.com.ph

"The Board of Canvassers is hereby directed to open the ballot boxes for precinct Nos. 8, 17 and 28 so that they may proceed to recount the votes of Dr. Samson and Mrs. Omega for the sole purpose of determining who is the elected candidate for city councilor.

"Taking into account the fact that there are ten members of the Board of Canvassers, the members of the Board of Canvassers are hereby directed to divide themselves into three divisions so that each division of three may take care in the counting of votes in every precinct and the Chairman will act as the supervisor. Dr. Samson and Mrs. Asuncion C. Omega may appoint watchers with one watcher for each of said party for every division. The counting shall take place immediately before this Court."cralaw virtua1aw library

A reconsideration of this order was denied by another order bearing the same date, which, likewise, stated that:jgc:chanrobles.com.ph

"Taking into account that tomorrow is a special public holiday and there is no probability that the said keys will arrive Ormoc City on that day, the said members of the Board of Canvassers are hereby notified that the ballot for precincts Nos. 8, 17 and 28 will be opened before this Court on November 27, 1959 at 7:30 A.M., with notice to all the members of the Board of Canvassers, as well as to Attorneys Benjamin Tugonon, Mendola, Teleron, and Brocoy, in open court."cralaw virtua1aw library

A motion for reconsideration of the latter order having had the same fate, Dr. Samson instituted the present case, for the purpose adverted to above.

At the outset, it is clear that, insofar as they direct the Board of Canvassers to open the ballot boxes of Precincts Nos. 8, 17 and 28, the orders complained of are contrary to law. Respondents herein seem to have acted under the impression that this case falls under section 168, in relation to section 163, of Republic Act No. 180, authorizing the recount of the votes cast in a given precinct when "another copy or other authentic copies of the statement from an election precinct submitted to the board gives a candidate a different number of votes and the difference affects the result of the election . . ." However, the recount so authorized, must be made by "the Court of First Instance" itself, not by the Board of Canvassers, as ordered by respondent Judge. Moreover, said recount is authorized "for the sole purpose of determining", not "who is the elected candidate" as stated in the first order of respondent Judge, dated November 25, 1959, but "which is the true statement or which is the true result of the count of the votes cast" in the precincts in question.

Again, the alleged conflicts in the case at bar exist between the election returns, or statements of the count alluded to in section 150 of said Act, on the one hand, and the certificate mentioned in section 153 thereof, on the other, and we have already held in Jose Parlade, Et. Al. v. Hon. Perfecto Quicho, Et Al., G. R. No. L-16259 (December 29, 1959) that the aforementioned sections 163 and 168 are inapplicable to such situation.

Wherefore, the orders complained of are set aside and the writ of preliminary injunction issued herein is hereby made permanent, with costs against respondent Mrs. Asuncion Conui Omega. It is so ordered.

Bengzon, Padilla, Labrador, Reyes, J. B. L. and Barrera, JJ., concur.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






January-1960 Jurisprudence                 

  • G.R. No. L-16413 January 26, 1960 - EMILIO C. SANTOS v. COMMISSION ON ELECTIONS

    106 Phil 877

  • G.R. No. L-10854 January 27, 1960 - MANILA POLO CLUB v. BIBIANO L. MEER

    106 Phil 885

  • G.R. Nos. L-12091 & L-12092 January 28, 1960 - PEOPLE OF THE PHIL. v. LIM HO

    106 Phil 887

  • G.R. No. L-9075 January 29, 1960 - S. V. S. PICTURES, INC. v. COURT OF APPEALS

    106 Phil 897

  • G.R. No. L-12476 January 29, 1960 - COLLECTOR OF INTERNAL REVENUE v. ANGLO CALIFORNIA NATIONAL BANK

    106 Phil 903

  • G.R. No. L-12573 January 29, 1960 - PAULINA DURAN v. BERNARDINO PAGARIGAN

    106 Phil 907

  • G.R. Nos. L-12614 & L-12615. January 29, 1960 - JUAN ESTELLA, ET., AL. v. REGISTER OF DEEDS OF RIZAL

    106 Phil 911

  • G.R. No. L-12981 January 29, 1960 - IN RE: MARCIANO DEETUANKA v. REPUBLIC OF THE PHIL.

    106 Phil 916

  • G.R. No. L-13194 January 29, 1960 - BUENAVENTURA T. SALDAÑA v. PHILIPPINE GUARANTY CO., INC.

    106 Phil 919

  • G.R. No. L-13489 January 29, 1960 - BANK OF THE PHILIPPINE ISLANDS v. JOSE J. GONZALES

    106 Phil 925

  • G.R. No. L-13536 January 29, 1960 - ADRIANO VALDEZ v. RODRIGO OCUMEN

    106 Phil 929

  • G.R. No. L-13956 January 29, 1960 - ROMULO C. NICOLAS v. FULGENCIO DACARA

    106 Phil 934

  • G.R. No. L-14027 January 29, 1960 - LIBERTAD ALTAVAS CONLU v. COURT OF APPEALS

    106 Phil 940

  • G.R. No. L-14306 January 29, 1960 - PABLO CALION v. PEOPLE OF THE PHIL.

    106 Phil 943

  • G.R. No. L-14341 January 29, 1960 - MARCIANO SONGAHID v. BENITO CINCO

    106 Phil 946

  • G.R. No. L-14359 January 29, 1960 - IN RE: SALVADORA ONG v. REPUBLIC OF THE PHIL.

    106 Phil 950

  • G.R. No. L-16360 January 29, 1960 - FILEMON SALCEDO, JR. v. COMMISSION ON ELECTIONS

    106 Phil 953

  • G.R. No. L-6406 January 30, 1960 - PEOPLE OF THE PHIL. v. KUSAIN SAIK

    106 Phil 957

  • G.R. No. L-9483 January 30, 1960 - PEOPLE OF THE PHIL. v. ELIAS NANA

    106 Phil 966

  • G.R. No. L-11215 January 30, 1960 - PEOPLE OF THE PHIL. v. QUIRINO BALOYO

    106 Phil 972

  • G.R. No. L-11430 January 30, 1960 - PEOPLE OF THE PHIL. v. TOMAS ESTACIO

    106 Phil 981

  • G.R. No. L-11756 January 30, 1960 - JOSE B. GAMBOA v. MA- AO SUGAR CENTRAL CO., INC.

    106 Phil 989

  • G.R. No. L-11908 January 30, 1960 - FLORA CAMPANERO v. APOLONIO T. COLOMA

    106 Phil 993

  • G.R. No. L-12105 January 30, 1960 - TESTATE ESTATE OF C. O. BOHANAN v. MAGDALENA C. BOHANAN

    106 Phil 997

  • G.R. No. L-12280 January 30, 1960 - PEOPLE OF THE PHIL. v. PIO TEMPLONUEVO

    106 Phil 1003

  • G.R. No. L-12661 January 30, 1960 - PEOPLE OF THE PHIL. v. FRANCISCO ARANDA

    106 Phil 1008

  • G.R. No. L-12692 January 30, 1960 - COSMIC LUMBER COMPANY, INC. v. AGAPITA MANAOIS

    106 Phil 1015

  • G.R. No. L-12754 January 30, 1960 - ESTANISLAO ALFONSO v. PASAY CITY

    106 Phil 1017

  • G.R. No. L-13146 January 30, 1960 - VALENTIN CASTILLO v. ARTURO SAMONTE

    106 Phil 1023

  • G.R. No. L-13160 January 30, 1960 - BIENVENIDO NERA v. PAULINO GARCIA

    106 Phil 1031

  • G.R. No. L-13274 January 30, 1960 - REMEDIOS SACLOLO v. COURT OF AGRARIAN RELATIONS

    106 Phil 1038

  • G.R. No. L-13399 January 30, 1960 - ALBERTA VICENCIO v. GAVINO TUMALAD

    106 Phil 1042

  • G.R. No. L-13456 January 30, 1960 - IRINEO C. HAMOY v. SECRETARY OF AGRICULTURE

    106 Phil 1046

  • G.R. No. L-13488 January 30, 1960 - MAURO PRIETO v. HIGINIO B. MACADAEG

    106 Phil 1055

  • G.R. No. L-13551 January 30, 1960 - CONSTANCIO JOAQUIN v. ABUNDIO MADRID

    106 Phil 1060

  • G.R. No. L-13564 January 30, 1960 - ANDRES CENTENERA v. NICASIO YATCO

    106 Phil 1064

  • G.R. No. L-13764 January 30, 1960 - RAFAEL RUEDA v. MARCELO JUAN

    106 Phil 1069

  • G.R. No. L-13781 January 30, 1960 - Testate Estate of JOSE J. JAVELLANA v. JOSE JAVELLANA

    106 Phil 1073

  • G.R. No. L-14016 January 30, 1960 - ALFREDO FORMOSO v. DELFIN S. FLORES

    106 Phil 1079

  • G.R. Nos. L-14023 & L-14135 January 30, 1960 - TALISAY-SILAY MILLING CO., INC. v. COURT OF INDUSTRIAL RELATIONS

    106 Phil 1081

  • G.R. No. L-14047 January 30, 1960 - PRIMO PANTI v. PROVINCIAL BOARD OF CATANDUANES

    106 Phil 1093

  • G.R. No. L-14109 January 30, 1960 - NATIONAL LUMBER & HARDWARE CO. v. PEDRO J. VELASCO

    106 Phil 1099

  • G.R. No. L-14310 January 30, 1960 - MAURO PRIETO v. JUAN P. ENRIQUEZ

    106 Phil 1103

  • G.R. No. L-14327 January 30, 1960 - PEOPLE OF THE PHIL. v. BERNARDO BORJA

    106 Phil 1111

  • G.R. No. L-14373 January 30, 1960 - GENERAL INSURANCE & SURETY CORP. v. NG HUA

    106 Phil 1117

  • G.R. No. L-14375 January 30, 1960 - ANDRES CASTILLO v. FROILAN BAYONA

    106 Phil 1121

  • G.R. No. L-14535 January 30, 1960 - BENITO SYMACO v. PATERIO AQUINO

    106 Phil 1130

  • G.R. No. L-14674 January 30, 1960 - MELECIO R. DOMINGO v. JUDGE S. C. MOSCOSO

    106 Phil 1138

  • G.R. No. L-16286 January 30, 1960 - CESAR SAMSON v. NUMERIANO G. ESTENZO

    106 Phil 1140