Moya vs Del Fiero G.R. No. L-46863 November 18, 1939

An enfranchised citizen is a particle of popular sovereignty and is the ultimate source of established authority.

G.R. No. L-46863             November 18, 1939

IRINEO MOYA, petitioner,
vs.
AGRIPINO GA. DEL FIERO, respondent.

Elpidio Quirino for petitioner.
Claro M. Recto for respondent.


Facts:. Del Fiero was declared as mayor of the municipality of Paracale, Province of Camarines Norte. However, Moya, his rival, opposed contending that the liberal appreciation of the ballots was wrong.

Issue: whether or not ballots should be read and appreciated with reasonable liberality.

Ruling: Yes, there should be no technical rules permitted to defeat the intention of the voter, if that intention is discoverable from the ballot itself, not from evidence aliunde. In one ballot properly counted for Del Fiero, the elector wrote the respondent’s name on the space for vice mayor, but, apparently realizing his mistake, he placed an arrow connecting the name of the respondent to the word “mayor” (Alcalde) printed on the left side if the ballot. Here, the intention of the elector to vote for the respondent for mayor was evident, in the absence of proof showing that the ballot had been tampered with. Republicanism, in so far as it implies the adoption of a representative type of government, necessarily points to the enfranchised citizen as a particle of popular sovereignty and as the ultimate source of the established authority. This is the reason for the rule that ballots should be read and appreciated, if not with utmost, with reasonable, liberality.

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