SET 4 CASE DIGESTS

#2

REYES v. BITENG

G.R. No. 36891 (1932)

IMPERIAL, J.:

FACTS:

The petitioner appealed the decision of the lower court declaring the respondent as governor-
elect.

The protest was on the ground that the respondent’s plurality of 105 votes was due to the
commission of frauds and irregularities in many precincts among others.

The petitioner cited fourteen errors of the lower court. One of the errors assigned was the giving
of votes which were marked ballots to the respondent.

In relation, one of the marked ballots had a hyphen under the name of the candidate.

ISSUE:

WON the use of hyphen under the name of the candidate be considered as marked ballot.

HELD:

The use of hyphen under the name of the candidate would be considered as marked ballot.

The Court ruled that the use of hyphen under the name of the candidate made the ballot marked
and should be rejected.