1 |Nature of Election and Suffrage: Badelles vs Cabili

G.R. No. L-29333             February 27, 1969 and honest, as to who were the duly elected officials. Such allegations,
it is to be stressed, would have to be accepted at their face value for
MARIANO LL. BADELLES, protestant-appellant, the purpose of determining whether there is a cause of action, a
vs. motion to dismiss amounting to a hypothetical admission of facts thus
CAMILO P. CABILI, protegee-appellee. pleaded. We cannot in law and in conscience then sustain the order of
dismissal. Without the lower court having so intended, the dismissal
-------------------------- would amount to judicial abnegation of a sworn duty to inquire into
and pass upon in an appropriate proceeding allegations of misconduct
G.R. No. L-29334             February 27, 1969 and misdeeds of such character. Accordingly, we reverse.

BONIFACIO P. LEGASPI and CECILlO T. BARAZON protestants-appellants, 2. ID.; ID.; PROPER REMEDY TO QUESTION ELECTION
vs. IRREGULARITIES. — It would follow that if the grievance relied upon is
FELIX Z. ACTUB, PROVIDENCIO P. ABRAGAN, MANUEL F. CELDRAN, the widespread irregularities and the flagrant violations of the election
CASIMERO P. CABIGON and BENITO ONG, protestees-appellees. law, the proper remedy is the one availed of here, the protest. That
such should be the case should occasion no surprise. Time and time
SYLLABUS again, we have stressed the importance of preserving inviolate the
right of suffrage. If that right be disregarded or frittered away, then
popular sovereignty becomes a myth. It may not always be thus
1. ELECTION LAW; ELECTION PROTEST; FAILURE TO ALLEGE THEREIN unfortunately. That should be the ideal however. If there be a failure
THE DETAILS OF ELECTION IRREGULARITIES AND THAT THEY WOULD to observe the mandates of the Election Code, the aggrieved parties
AFFECT THE RESULT OF THE ELECTIONS; SUCH FAILURE IS NOT A should not be left remediless. Under the law, as it stands, it is
GROUND TO DISMISS AN ELECTION PROTEST BASED ON precisely an election protest that fitly serves that purpose. It was
IRREGULARITIES; INSTANT CASE. — A greater regard for the cause of sought to be thus utilized in these two cases, perhaps in a rather
accuracy ought to have admonished the lower court from asserting in awkward and far from entirely satisfactory manner. That in itself is no
an uncompromising tone the absence of an allegation that the reason for the courts to slam the door against any opportunity for
protestants in both cases failed to allege, that if the facts pleaded by redress. Yet, that is what would happen if the order of dismissal
them were proved the result would not have been different. It is true complained of were not set aside.
the complaints could have been more explicitly worded, but as they
stood, the absence of such a claim could not be so confidently 3. CONSTITUTIONAL LAW; REPUBLICANISM; RIGHT OF PEOPLE
asserted. Both protests were dismissed. We do not discount a certain THEREUNDER TO FREELY ELECT THEIR OFFICIALS. — A republic to be
degree of plausibility attaching to the line of reasoning thus pursued true to its name requires that the government rests on the consent of
by the lower court. We are not unaware of the undeniable fact that the people, consent freely given, intelligently arrived at, honestly
both petitions were not distinguished by skill in their drafting or recorded, and thereafter counted. Only thus can they really be looked
precision in their terminology. Nonetheless the seriousness and gravity upon as the ultimate sources of established authority. It is their
of the imputed failure to have the elections conducted freely and undeniable right to have officials of their unfettered choice. The
honestly, with such irregularities alleged, give rise to doubts, rational election law has no justification except as a means for assuring a free,
2 |Nature of Election and Suffrage: Badelles vs Cabili

honest and orderly expression of their views. It is of the essence that thesis in any of the existing legal publications can be referred to as
corruption and irregularities should not be permitted to taint the upholding such an illogical idea. To sanction such a ruling is to kill
electoral process. almost entirely all hopes for a clean, orderly and honest suffrage in
this country, which the Commission on Elections alone may not be able
BARREDO, J., concurring: chanrob1es virtual 1aw library to achieve in all possible cases. Indeed, as pointed out by appellants
the trial court would have been right if it had only adhered to the
1. ELECTION LAW; ELECTION PROTEST; WHEN THE SOLE PURPOSE decisions already rendered by this Court on the subject, cited by said
THEREOF IS TO ANNUL THE ELECTION, IT IS UNNECESSARY TO appellants in their brief.
INQUIRE INTO ITS EFFECT ON THE RESULT OF THE ELECTION. — I
believe that what should be emphasized in these cases is that ruling in 3. ID.; ID.; THE REAL ISSUE IN THE INSTANT PROTEST IS WHETHER
Our decision to the effect that in an election protest (otherwise entitled THERE IS SUFFICIENT GROUND FOR ANNULMENT. — The real issue in
at times, petition or complaint or motion of protest), it is not necessary these election protests is whether or not the facts alleged in the
to allege that the true results of the election in question would be in respective petitions of appellants constitute sufficient ground or
favor of protestant and against protestee on the basis of the legal grounds for annulment of the election of Mayor and Councilors in Iligan
votes, or that the proclaimed results would be changed if the facts City, held in November, 1967. On this score, it has to be admitted
alleged are proven, when the sole ground of the protest and the only that, indeed, the petitions of appellants which appear to have been
purpose of protestant is to have the whole election in a precinct or prepared by a single counsel are not as accurately and precisely
municipality annulled and set aside. In other words, I like to make it worded as to fit exactly into the pattern that may perhaps be most
clear that an election protest may be filed not only for the purpose of ideal in cases of this nature, but I cannot go along with His Honor’s
having the protestant declared elected, but even for the purpose alone ruling that the allegations in said petitions are legally inadequate to
of having the election annulled. Otherwise stated, protestants may serve as a basis for the relief of annulment of the election therein
come to court, not necessarily to win an election, but even if solely to prayed for. His Honor seemed to be more concerned with what he
have the court declare that no one has won because the election is considered the need to direct averments that the irregularities and
void and that it is obvious and pure common sense that in the latter violations of the election law alleged by appellants resulted in the
case, the protestant does not have to allege the probability of his destruction of the "secrecy and integrity of the ballot cast," that "all
being the real victor, for in such a case, his prayer precisely is - that it the votes cast in said elections are illegal" and that "the irregularities
be declared, using the language of the law, "that none of them has committed by the election officials would affect the election in favor of
been legally elected." cralaw virtua1aw library the protestees." I feel that His Honor was asking too much and
unnecessarily because, as they appear to me, these allegations as well
2. ID.; ID.; DISMISSAL OF PROTEST BY THE TRIAL COURT FINDS NO as the others His Honor considered as indispensably required, are
SUPPORT IN JURISPRUDENCE. — The ruling of the trial court must be more in the nature of legal conclusions, not supposed to be averred in
emphatically denounced as misreading by His Honor of the real import the pleadings, rather than statements of ultimate facts. The truth of
of the authorities cited by him. Such proposition represents the most the matter is that, viewed as a whole, the petitions in question
narrow concept of the judicial remedies in matters of election. No sufficiently lead to the conclusion that what appellants are complaining
single precedent in extant jurisprudence whether here or in any other about is that the elections held in Iligan City in November, 1967 were
country can be found to support it. I am equally confident that no characterized by general and specific circumstances that leave rational
3 |Nature of Election and Suffrage: Badelles vs Cabili

doubt as to whether or not the true will of the people of said City could allegations in pleadings often suffer from the common flaws in the
be reflected in the proclaimed results. means of human expressions as well as from the usual imperfections
of human language. If words are but children of thoughts, parents and
4. ID.; ID.; DESIRABILITY OF DISCOURAGING THE FILING THEREOF; offsprings do not always, as among men and animals, look exactly
DUE CARE NEEDED IN DISMISSING SUCH PROTEST; INSTANT CASE. alike. Pleadings in such cases must, therefore, be read with more
— While it is truly desirable that election protests should be liberality so as to make it difficult, if not impossible for grievances
discouraged where they have hardly any basis in fact or in law, the against the suppression in one form or another of the expression of
earlier to free from doubt the title to their respective offices of those the popular will, well-grounded in fact, may not be thrown out merely
chosen to direct the affairs of our government, whether national or because of lack of skill and precision in the formulation of the
local, thereby giving them the peace of mind and freedom of action corresponding protests. More importance should be given to the
gravely needed in the formulation of policies and the implementation substantial matters sufficiently appearing in such pleadings as
thereof, courts should also be careful in seeing to it that their doors intended to be brought to the court for a remedy, than to the form, at
are not untimely shut to complaints regarding the commission of times, ambiguous and often ungrammatically phrased, in which they
electoral frauds, irregularities and illegalities, the most despicable are expressed. In any event, in case of doubt as to which should be
banes of popular suffrage, which though unhappily worded are fairly done, such doubt must be resolved in giving due course to the protest,
indicative of a situation wherein the will of the electorate has not been unless it is manifestly evident that the same has been filed for other
freely and clearly expressed. To my mind, the rule followed in an than legitimate purposes.
unbroken time of decisions of this Court, to the effect that the
commission of irregularities by election officials, no matter how
serious, and the actual discovery of frauds and violations of law by DECISION
either candidates or voters, are not in themselves sufficient to cause
the annulment of an election unless so expressly provided by law, or FERNANDO, J.:
that the frauds, illegalities and irregularities are so rampant and
diffusive as to place the result of such election in grave doubt, is one Two election protests against the duly proclaimed Mayor and Councilors of Iligan
that governs more the rendition of judgments in election cases and the City, after the Nov. 14, 1967 elections, based on the allegations of flagrant
evaluation of the circumstances surrounding the elections in question, violations of certain mandatory provisions of the Election Code, to be more
as portrayed in the evidence already presented before the court, specifically set forth hereafter, were dismissed in a single order by the Court of
rather than as a strict criterion for determining whether a complaint or First Instance of Lanao del Norte, the Honorable Teodulo C. Tandayag presiding.
petition or motion of protest sufficiently states a cause of action for The cases are now before us on appeal.
annulment.
In one of them, 1 the election of Honorable Camilo P. Cabili to the Office of City
5. ID.; ID.; LIBERALITY IN THE INTERPRETATION OF PLEADINGS Mayor of Iligan City, was contested by protestant, now appellant, Mariano
THEREFOR. — I regard it as a sound rule that pleadings in election Badelles. In the other, 2 the protestants are the now appellants, Bonifacio P.
Legaspi and Cecilia T. Barazon who along with the five protestees  3 were among
cases, at least, should not be subjected to such minute examination as
those who were registered candidates voted for in such election for councilors in
should be done to facts duly established after proper hearing, if only
the City of Iligan, with the protestees being credited with the five highest number
because facts are unerring manifestations of the truth, while
4 |Nature of Election and Suffrage: Badelles vs Cabili

of votes, with protestants Legaspi and Barazon obtaining sixth and seventh It was likewise asserted that not less than 8,000 qualified voters were unable to
places, respectively. exercise their right of suffrage in view of their failure, without any fault on their
part, to have the proper identification cards or the non-listing of their names in the
In such order of dismissal, it was admitted that while irregularities as well as list of voters. It was stated further that even in the case of those individuals
misconduct on the part of election officers were alleged in the election protests provided with identification cards with their names included in the list of voters,
filed, there was however an absence of an allegation that they would change the they could not avail themselves of their right of suffrage as their applications for
result of the election in favor of the protestants and against the protestees, that registration could not be found. Mention was also made of the fact that the final
such irregularities would destroy the secrecy and integrity of the ballots cast, or lists of voters and the applications for registration were delivered to their
that the protestees knew of or participated in the commission thereof. For the respective precincts late on election day itself thus preventing them from voting.
lower court then, the lack of a cause of action was rather evident. Moreover, confusion, so it was alleged, was caused by the excessive number of
voters being listed and many having been assigned to precincts other than the
Hence the order of dismissal of March 23, 1968, which was sought to be fortified correct ones.
by the invocation of the doctrines that voters should not be deprived of their right
to vote occasioned by the failure of the election officials to comply with the formal What was thus objected to is the fact that illegal votes were cast by those not
prerequisites to the exercise of the right of suffrage and that the rules and qualified to do so, numbering 8,300 or more and that an approximately equal
regulations for the conduct of elections while mandatory before the voting should number, who were duly registered with the Commission on Elections, Iligan City,
be considered directory thereafter. The validity of such order of dismissal is now were unable to vote due to the above circumstances. The proclamation then
to be inquired into by us in this appeal. could not have reflected the true will of the electorate as to who was the mayor
elected, as the majority of protestee Cabili over the protestant consisted of only
In the petition of protestant Badelles, dated December 8, 1967, and marked as 2,344 votes.
received the next day by the Clerk of Court of the Court of First Instance of Lanao
del Norte, 15th Judicial District, it was stated that both he and protestee Camilo The prayer was among others for the proclamation of protestee as well as other
P. Cabili were the duly registered candidates for the Office of City Mayor of Iligan candidates for elective positions in the City of Iligan being set aside and declared
City, both having filed their respective certificates of candidacy in accordance null and void, protestant pleading further that he be granted other such relief as
with law and as such candidates voted for in the November 14, 1967 election. It may be warranted in law and equity.
was then alleged that the Board of Canvassers, on November 25, 1967,
proclaimed as elected protestee for having obtained 11,310 votes while The protest of the candidates for councilor Legaspi and Barazon in the other
protestant was credited with 8,966 votes. Protestant would impugn the election of case against protestees 4 was in substance similarly worded. The prayer was for
Cabili on the ground that there were "flagrant violation of mandatory provisions of the setting aside and declaring null and void the proclamation of protestees with
law relating to or governing elections ...." in that more than 200 voters were protestants seeking such other relief which should be theirs according to law and
registered per precinct contrary to the provision limiting such number of 200 only to equity.
and that no publication of the list of voters for each precinct was made up to the
election day itself, enabling persons who under the law could not vote being In the first case, protestee Cabili moved to dismiss the petition on the following
allowed to do so. As a result of such alleged "flagrant violations of the laws grounds: "1. That the protest was filed beyond the reglementary period allowed
relation to or governing elections" around 8,300 individuals were allowed to vote by the Revised Election Code; 2. That [the lower court] has no jurisdiction over
illegally. the subject matter of the present case, the Commission on Elections being the
proper body to hear the same; 3. That the complaint states no cause of
5 |Nature of Election and Suffrage: Badelles vs Cabili

action." 5 This very same grounds were relied upon in a motion to dismiss by A greater regard for the cause of accuracy ought to have admonished the lower
protestees Actub and Cabigon, filed in the other suit. court from asserting in an uncompromising tone the absence of an allegation that
the protestants in both cases failed to allege that if the facts pleaded by them
As above noted, in a single order of March 23, 1968, the two above election were proved the result would not have been different. It is true the complaints
protests were dismissed, the lower court being of the opinion that neither petition could have been more explicitly worded, but as they stood, the absence of such
alleged a cause of action "to justify [it] to try the same." The first ground of the a claim could not be so confidently asserted.
motion to dismiss to the effect that the protests in both cases were filed beyond
the reglementary period was rejected. The claim as to lack of jurisdiction was To repeat, both protests were dismissed. We do not discount a certain degree of
likewise held to be without merit. The single order of dismissal in both cases as plausibility attaching to the line of reasoning thus pursued by the lower court. We
indicated was based on the lack of a cause of action. are not unaware of the undeniable fact that both petitions were not distinguished
by skill in their drafting or precision in their terminology. Nonetheless the
The reasoning followed by the lower court in reaching the above conclusion that seriousness and gravity of the imputed failure to have the elections conducted
there was no cause of action, proceeded along these lines: "Mere irregularities or freely and honestly, with such irregularities alleged, give rise to doubts, rational
misconduct on the part of election officers which do not tend to affect the result of and honest, as to who were the duly elected officials. Such allegations, it is to be
the elections are not of themselves either ground for contest or for proper matters stressed, would have to be accepted at their face value for the purpose of
of inquiry... There is no allegation in the protest that the alleged irregularities determining whether there is a cause of action, a motion to dismiss amounting to
committed by the election officers would tend to change the result of the election a hypothetical admission of facts thus pleaded. We cannot in law and in
in favor of the protestants and against the protestees. There is no allegation in conscience then sustain the order of dismissal.
the petition that the 8,000 voters who failed to vote were all voters of protestants
and the 8,300 illegal voters who voted were for the protestees. There is, Without the lower court having so intended, the dismissal would amount to
therefore, no legal and practical justification for the court to inquire into the judicial abnegation of a sworn duty to inquire into and pass upon in an
irregularities committed by the election officials, as alleged in the petition, for it appropriate proceeding allegations of misconduct and misdeeds of such
would not give any benefit in favor of the protestants to the end that they will be character. Accordingly, we reverse.
declared the duly elected mayor and councilors, respectively, of this City." 6
Abes v. Commission on Elections 8 points the way, but the lower court was
It was further stated in such order of dismissal: "There is no allegation in the apparently impervious to its teaching. It may not be controlling, but it furnishes
petition that the irregularities committed by the election officials have destroyed more than a hint. It would seem, though, that for the court below, its message did
the secrecy and integrity of the ballots cast. There is no allegation in the petition not ring out loud and clear.
that the non-compliance of the election officials of the provisions of the election
laws regarding the registration of voters were intentional on their part for the The opinion in the Abes case, penned by Justice Sanchez, starts thus:
purpose of committing frauds for the benefit of the protestees. There is no "Petitioner's cry for relief, so their petition avers, is planted upon the constitutional
allegation in the petition that because of the alleged irregularities committed by mandate of free, orderly, and honest elections. Specifically, they list a number of
the election officials in not following the provisions of the election laws regarding repressible acts." Among those mentioned were that blank official registration
the registration of voters and the distribution of the precincts, that all the votes forms were taken from the office of the Quezon City Comelec Register several
cast during said elections are illegal, nor is there an allegation in the protests that weeks before election day, November 14, 1967; that active campaigning within
the irregularities committed by the election officials would affect the election in the polling places by Nacionalista leaders or sympathizers of Nacionalista
favor of the protestees." 7 candidates were allowed; that voters were permitted to vote on mere
mimeographed notices of certain Nacionalista candidates; that voters were
6 |Nature of Election and Suffrage: Badelles vs Cabili

compelled to fill their official ballots on open tables, desks and in many precincts 162,457 registered voters in Quezon City, 100,382 voters actually cast their votes
outside the polling places; that thousands of voters sympathetic to the — about 62% of the registered voters. But above all, as pointed out in City Board
Nacionalista candidates were allowed to vote beyond the hours for voting of Canvassers vs. Moscoso, [the] nullity of an election for municipal officials
allowed by law; that identification cards were delivered by partisan leaders of should be determined in a petition contesting the election of municipal officers-
respondents Nacionalista candidates, and those who did not signify their elect to be filed before the Court of First Instance."
preference for Nacionalista candidates were not given such cards; that the
precinct books of voters were not sealed within the deadline fixed by law; and Why an election protest is more fitly and appropriately the procedure for
that the resulting effect of irregularities was to prevent full fifty-one per cent of the determining whether irregularities or serious violations of the electoral law vitiated
registered voters from voting. the conduct of elections was clearly and succinctly explained in the Moscoso
decision above cited, the opinion coming from Justice Makalintal. 10 Thus: "The
One of the issues raised on the above facts is whether or not the Commission on question of whether or not there had been terrorism, vote-buying and other
Elections could annul the aforesaid election in Quezon City on the above irregularities in the 1959 elections in Tacloban City should be ventilated in a
allegations of fraud, terrorism and other illegal practices committed before and regular election protest, pursuant to section 174 of the Election Code, and not in
during the election. The petition did not prosper; it was dismissed. The remedy, a petition to enjoin the city board of canvassers from canvassing the election
we held, lay not with the Commission on Elections but with the courts of justice in returns and proclaiming the winning candidates for municipal offices."
an election protest.
It would follow then that if the grievance relied upon is the widespread
In the language of Justice Sanchez: "The boundaries of the forbidden area into irregularities and the flagrant violations of the election law, the proper remedy is
which Comelec may not tread are also marked by jurisprudence. That Comelec is the one availed of here, the protest.
not the proper forum to seek annulment of an election based on terrorism, frauds
and other illegal practices, is a principle emphasized in decisions of this Court." That such should be the case should occasion no surprise. Time and time
For as announced in Nacionalista Party v. Commission on Elections, 9 assuming again, 11 we have stressed the importance of preserving inviolate the right of
that there be a failure to conduct an election in a free, orderly and honest suffrage. If that right be disregarded or frittered away, then popular sovereignty
manner, "the duty to cure or remedy the resulting evil" did not rest with the becomes a myth.
Commission on Elections but in "some other agencies of the Government." More
specifically, with reference to provincial and municipal officials, election contests As Justice Laurel correctly pointed out: "As long as popular government is an end
"are entrusted to the courts." Then came this express affirmation: "The power to to be achieved and safeguarded, suffrage, whatever may be the modality and
decide election contests necessarily includes the power to determine the validity form devised, must continue to be the means by which the great reservoir of
or nullity of the votes questioned by either of the contestants." . power must be emptied into the receptacular agencies wrought by the people
through their Constitution in the interest of good government and the common
As so emphatically observed in the Abes opinion, "there has been neither weal. Republicanism, in so far as it implies the adoption of a representative type
deviation nor retreat from the foregoing pronouncement." After which came the of government, necessarily points to the enfranchised citizen as a particle of
following: "The ratiocination advanced that there was failure of election due to popular sovereignty and as the ultimate source of the established authority." 12
rampancy of terrorism, frauds, and other irregularities, before and during
elections, such that allegedly about 51% of the registered voters were not able to A republic then to be true to its name requires that the government rests on the
vote, will not carry the day for petitioners. For, in the first place, this is grounded consent of the people, consent freely given, intelligently arrived at, honestly
upon bare assertions. Respondents contest the correctness thereof. And in the recorded, and thereafter counted. Only thus can they be really looked upon as
answer of respondents Amoranto, Mathay and others, they aver that out of
7 |Nature of Election and Suffrage: Badelles vs Cabili

the ultimate sources of established authority. It is their undeniable right to have

It may not always be thus unfortunately. That should be the ideal however. If
there be a failure to observe the mandates of the Election Code, the aggrieved
parties should not be left remediless. Under the law as it stands, it is precisely an
election protest that fitly serves that purpose.
lawphi1 .nêt

It was sought to be thus utilized in these two cases, perhaps in a rather awkward
and far from entirely satisfactory manner. Than itself is no reason for the courts to
slam the door against any opportunity for redress. Yet, that is what would happen
if the order of dismissal complained of were not set aside.

Hence the inevitability of its reversal. The scope of our decision must not be
misinterpreted however. All that it directs is that the protetees in both cases be
required to answer. Thereafter, if, as is not unlikely, there be a denial of the
serious imputations made as to the alleged irregularities, the lower court could
properly inquire into what actually transpired. After the facts are thus ascertained
in accordance with the accepted procedural rules, then the appropriate law could
be applied.

It must be clearly emphasized that we do not at this stage intimate any view as to
the merit, or lack of it, of either protest. That would be premature to say the least.
All we do is to set aside the order of dismissal.

WHEREFORE, the order of dismissal of March 23, 1968, is reversed and the two
cases remanded to the lower court for proceeding and trial in accordance with
this opinion and the law. Without costs.