Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. L-30600 March 25, 1929
RAMON DELES, protestant-appellant,
vs.
ARELLANO ALKONGA, protestee-appellee.
Ruperto Montinola and Francisco and Recto for appellant.
Trenas and Laserna for appellee.
VILLA-REAL, J.:
This is an appeal taken by the protestant, Ramon Deles, from the judgment of the Court of First Instance of Iloilo finding that the protestee, Arellano Alkonga, obtained 243 and said protestant 216 votes for the office of the municipal president in the general elections held on June 5, 1928, in the municipality of San Dionisio, Province of Iloilo.
In support of this appeal, the appellant assigns the following errors alleged to have been committed by the trial court in its judgement, to wit:
1. The lower court erred in counting as valid votes in favor of the protestee, Arellano Alkonga, the 26 ballots wherein there appear in the space for municipal president, only AA, Arellano A., and Arillano a.
2. The lower court erred in counting as valid votes for the prtestee, Arellano Alkonga, the ballots in which are written Arellano Ala in one, Arellano Alce or Arellano Alco in another, Arella Alegr, and in still another Arellano Alkon (4 ballots in all).
3. The lower court erred in not holding the registration and voting in the third precinct in San Dionisio, to be void, unlawful, fraudulent.
As to the first assignment of error, the appellant, Ramon Deles, contends that with 2 ballots, one in precint No. 1 and the other in No. 2, adjudicated to the protestee by the lower court, in which are written in the space for municipal president, the names "Arillano a" and "Arellano A respectively, should be rejected on the ground that the Christian name and initial of the surname alone are not sufficient to identify the candidate in accordance with the doctrine laid down in the case of Cailles vs. Gomez and Barbaza (42 phil., 496), cited with the approval in the case of Geukeko va. Pascual (50 Phil., 221), and in the case of Lucero vs. De Guzman (45 Phil., 852). In several recent decisions in the caes of Adeser vs. tago (G.R. No. 30282),1 and Namocatcat vs. Adag (G.R. No. 30283),2 this court has laid down the doctrine that, when, for a stated office there is only one candidate who bears a certain Christian name and surname, the Christian name and the initial of the Christian name alone are sufficient to identify the said candidate. the court below, therefore, did not err in admitting the said 2 ballots in favor of Arellano Alkonga.
It is likewise contended by the appellant, Ramon Deles, in the said first assignment of the error that the 24 ballots--2 in precint no. 1 and 21 in precint no.2--where the initials "A.A." appear in the space for the office of the municipal president. and one in precint no. 1, where the letters "a.A." appear, which were all admitted by the lower court as votes in favor of the protestee must be objected as being inadequate to identify Arellano Alkonga as candidate for the office of the municipal president, since the first letter "a", being the initial of many surnames, also does not necessarily mean Alkonga. In order that the initial letter of the Christian name may suffice to identify a candidate, it is necessary that it be accompanied by the full surname, and in order that the initial letter of the surname may be sufficient for the same purpose, it is necessary that it be accompanied by the full Christian name.
Passing now to the second assignment of error, the appellant contends that in the ballots of one of which is written "Arellano Ala" in another "Arellano Alce" or "Arellano Alco" in another "Arilia Algr" and in another "Arellano Alcon", four ballots in all, admitted by the trial court as votes in favor of Arellano Alkonga , should be rejected as not falling within the idem sonas rule> Following the liberal court which has guided this court in the solution of similar questions in the cases of Valenzuela vs. Carlos and Lopea de Jesus (42 Phil., 428), Cailles vs. Gomez and Barbaza (42 Phil., 496) mandac vs. Samonte (49 Phil., 284), and Bulan vs. Gaffud (49 Phil., 906), said ballots must be admitted, with the exception of one with the words "Arilia Alegr," for Alegr is not idem sonas with the surname Alkonga.
With reference to the third assignment of error, the fact that the first registration of voters was held in the town of San Dionisio instead of Barrio of Bagacay, which was the placed fixed by the resolution of the municipal council, and the second registration in the barrio of Bagacay, and the voting in the town of san Dionisio where 185 electors voted, inasmuchas it does not appear that the 48 electors registered in said precint were not able to vote by reason of said change, and not for any other reason, nor does it appear that they had vote, they would have voted for the protestant, Ramon Deles. The only qualified elector whom the protestant could present and whom was not able to vote on account of said change was Fermin Montejo. Anatolio Begaforo, even if he had wanted to vote, would not have been able to do so, bec. he was not registered as a voter in the said precint.
Briefly, then, we hold that from the 248 ballots adjucated to the protestee, Arellano Alkonga, there must be subtracted the 24 ballots in which appear the initial "a.A." in the space for the office of the municipal president, and in one which it appears the words "Arilla Alegr", leaving a remainder of 223 or a plurality of 7 votes over the protestant, Ramon Deles, to whom 216 votes were adjucated.
By virtue whereof, and with the sole modification that instead of 32, the protestee's plurality over the petitioner is reduced to 7 votes, the judgement appealed from is hereby affirmed ina ll respects, with costs against the appellant. So ordered.
Johnson, Street, Malcolm, Ostrand and Johns, JJ., concur.
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