Lawren

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. F acts:. 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 ...

Republicanism is manifested by the government of laws and not of men. Araullo, J. dissenting in part. ( P roper transmittal of the same to the fiscal of the city of Manila and to the provincial fiscal of Davao, both the latter shall present the corresponding informations for the prosecution and punishment of the crimes which have been committed on the occasion when the illegal detention of the women was carried into effect by Mayor Justo Lukban of the city of Manila and Chief of Police Anton Hohmann, and also of those crimes committed by reason of the same detention and while the women were in Davao.) The mayor of Manila (Lukban) had been motivated by his desire to protect the morals and health of the people when he "deported" 170 prostitutes from Manila to Davao. The SC condemn his act, there being no showing that it had been authorized by any law or even an ordinance. Villavicencio vs Lukban  G.R. No. 14639 March 25, 1919 Ponente: Malcolm, J. Summary: The Mayor of City of M...