[ G. R. No. 35773. August 06, 1931 ] 55 Phil. 914
[ G. R. No. 35773. August 06, 1931 ]
THE BOARD OP ELECTION INSPECTORS FOR THE SECOND PRECINCT OP BOÑGABON, MINDORO (REPRESENTED BY A MAJORITY CONSISTING OF JOSE AGUILAR, CHAIRMAN, AND DEMETRIO CASAPAO, INSPECTOR), AND ARTURO A. IGNACIO, PETITIONERS, VS. PEDRO MA. SISON, JUDGE OF FIRST INSTANCE OF MINDORO, THE PROVINCIAL BOARD OF CANVASSERS OP MINDORO (COMPRISING THE PROVINCIAL TREASURER DOMINGO OLOROSO, PRESIDENT, THE PROVINCIAL FISCAL CATALINO CAILIPAN, AND CAPTAIN ELADIO LASAM, P. C, MEMBERS) AND JUAN NAVARRO, RESPONDENTS. D E C I S I O N
VILLAMOR, J.:
This is an original petition for a writ of mandamus against the Judge of the Court of First Instance of Mindoro requiring him to proceed with the hearing of the petition filed by the two election inspectors of precinct No. 2 of the municipality of Boñgabon, taking all the relevant evidence of the case and deciding it upon the merits, and for a preliminary mandatory injunction against the provincial board of canvassers of that province requiring them to abstain from making the canvass with only the incomplete inspectors’ statement, but to take into account the four copies of said statement, or the amended statement as authorized by the court below. This case was argued by the parties together with that which is the subject matter of our decision in G. R. No. 35800 1; but, for the sake of greater clearness, we prefer to render a separate decision. After the court below had ruled upon the inspectors’ petition to correct the election returns of that precinct forwarded to the provincial treasurer, and before the bill of exceptions had been filed, the petitioners instituted these mandamus proceedings. Although the petitioners affirm in their printed argument that the answer of the provincial board of canvassers admits all the facts alleged in the petition, the amended answer of the respondents herein, the judge of the Court of First Instance and others, deny the facts set out in the petition for mandamus, with the exception of those expressly or impliedly admitted therein, and in addition, set up certain special defenses. But since no evidence was adduced to prove the petitioners’ allegations which were denied by the respondents, the present discussion may be limited to the points of law raised by the petitioners, to wit:
May the Judge of the Court of First Instance of Mindoro be compelled by mandamus to decide the election inspectors’ petition to correct their returns a certain way, under section 465 of the Election Law? Will a prohibitory injunction lie to compel the provincial board of canvassers of Mindoro to refrain from making the canvass without taking into account all four of the copies of the returns, or the amended returns as authorized by the lower court?
In view of the decision in case G. R. No. 35800, we shall now decide these questions, taking for granted the lower court’s denial of the petitioners’ prayer to amend the election returns forwarded to the provincial treasurer. With respect to the mandamus against the court below, the matter may be decided in accordance with the court’s opinion as expressed in the aforementioned case G. R. No. 35800 regarding the petition for the correction of the election returns. That is to say, if the Judge of the Court of First Instance of Mindoro, by virtue of the last clause of section 465 of the Election Law, may grant or deny a petition to correct election returns, the writ of mandamus applied for will not lie. The clause of section 465 of the Election Law, relevant to the point in question provides the following:
“After the said proclamation, no changes or amendments shall be made by the board of inspectors in such certificates of votes, unless so ordered by a competent court.”
It is clear from the terms of this provision that the judge of the Court of First Instance may order the correction of returns, when so prayed for by the election inspectors, but there is nothing in the law to indicate that the judge must of necessity order such correction. As we held in case G. R. No. 35800, recently decided, “The power to order the correction of election returns, vested by law in the courts, is discretionary; it is an administrative and supervisory power intended to secure correctness in the amendment of such returns. Rulings made in pursuance of this power, granting or denying the petition to correct, are interlocutory in nature.” This being so, the respondent judge cannot be compelled to use his discretion to decide a certain way, admitting evidence upon the incident in order to decide the same upon its merits. The record shows that in order to resolve the petition for authority to correct the election returns in question, the respondent judge heard both parties and took into account their pleadings and the exhibits attached both to the petition and to the objection thereto interposed by the intervenor, Juan Navarro. We believe that within the limits of that summary proceeding, the respondent judge had everything before him needed for the use of his sound discretion, deciding that there was no merit in the petition, and therefore he denied it. This court has recently ruled that the lower court’s denial of the protestants’ petition is unappealable. To grant the petition now, compelling the respondent judge to admit evidence regarding the incident and to decide the same upon its merits, would be equivalent to authorizing a dilatory proceeding contrary to the summary nature of the aforesaid incident and to the policy of the law in requiring that the proclamation of the election results with reference to provincial and insular officials be made within thirty days following the election. It is contended that the respondent judge erred in applying to the present case the doctrine laid down by the majority of this court in Benitez vs. Paredes and Dizon (52 Phil., 1). Assuming the respondent judge did err in this point, we are of the opinion that such an error cannot be corrected by mandamus. In that case the majority of the court held that the consent of the inspectors to the correction was necessary in order that the court might grant the authority requested. It is now argued that the two plaintiff-inspectors, composing the majority of the board, may ask for the correction of the returns in question, disregarding the other inspector who took no part in the preparation of said returns. We believe the majority of the board may petition the court for authority to correct the returns without the consent of the other inspector, if the latter does not object. But in the case before us, the third inspector, according to intervenor Navarro, objects to the correction of the returns on the ground that the two inspectors of the majority party committed irregularities in the preparation of the inspectors statements in that precinct, by including therein an arbitrary number of votes for the office of provincial governor. This necessarily demands the production of evidence. And inasmuch as, according to the respondent, the other election returns will not be sufficient, for they also contain an arbitrary number of votes for the office of provincial governor, recourse would have to be had to the ballot boxes for an examination of the ballots, and the incident would thereby be converted into a real election contest. The petitioners cite in support of their contention the cases of De Castro vs. Salas and Santiago (34 Phil., 813) and Galang vs. Miranda and De Leon (35 Phil., 269, and 36 Phil., 316). The doctrines laid down in these cases are, however, inapplicable to the present issue. The cases cited dealt with the dismissal of a protest without discussing the merits. The ruling in these cases is: If a judge dismisses an election contest upon purely technical grounds, which do not affect the merits of the case or the jurisdiction of the court, mandamus will lie to compel him to reinstate the case and decide it upon its merits. The present case does not deal with an election contest, but merely an incident, requesting authority to correct certain election returns. The decision of this incident is not a final decision upon the number of votes obtained by the candidates for the office of provincial governor. This question must be decided by an election contest. And the court below having acted within its discretionary powers in ruling upon that incident, mandamus will not lie. The general rule should here be followed, that mandamus will not issue to control the discretion of an officer or a court, exercised honorably and without abuse thereof. In conclusion, therefore, the writ of mandamus prayed for against the Judge of the Court of First Instance of Mindoro will not lie. With regard to the mandatory injunction prayed for against the provincial board of canvassers of that province, requiring them to refrain from considering the election returns forwarded to the provincial treasurer, but to consider in their canvass the copies of the returns forwarded to the Executive Bureau and the municipal treasurer of the municipality of Boñgabon, or the returns as corrected by order of the court, suffice it to bear in mind the provisions of section 469 of the Election Law. According to this section, it is a ministerial duty of said provincial board of canvassers to examine all the statements sent to the provincial treasurer, and the court having denied the petition for the correction of the returns sent to the provincial treasurer (G. R. No. 35800), said provincial board of canvassers cannot be compelled to take into account the copies of the election returns forwarded to the municipal treasurer of Boñgabon and to the chief of the Executive Bureau. The petition is dismissed with costs against the petitioners, without prejudice to their right to raise before the trial court within the proper election contest, the question of the number of votes cast for the office of provincial governor in precinct No. 2 of the municipality of Boñgabon. And by virtue hereof, the writ of preliminary injunction issued by this court on the 27th of June, 1931, against the provincial board of canvassers of Mindoro is hereby vacated, and immediately after the promulgation of this decision said board is ordered to meet and make recount of all the votes cast for the office of provincial governor of Mindoro, and to make the proper proclamation. So ordered. Street, and Malcolm, JJ., concur. AVANCEÑA, C. J:
I concur in the result.
JOHNSON, J.:
I reserve my vote.
IMPERIAL, J.:
I concur in the dismissal of the petition.