RAFAEL CARANDANG, PLAINTIFF AND APPELLEE, VS. GALICANO AFABLE, DEFENDANT AND APPELLANT.

At the general elections in the municipality of Tuy, Province of
Batangas, on June 5, 1928, Rafael Carandang and Galicano Afable were
duly qualified candidates for the office of municipal president of said
municipality. Galicano Afable was declared elected with 194 votes
against 187 votes for Rafael Carandang. The latter filed a protest in
the Court of First Instance of Batangas and after hearing, and upon
revision of the ballots, said court found that Carandang had received
196 valid votes and that Galicano Afable had received only 191. The
court therefore declared Carandang elected and Afable appealed to this
court and presents the following assignments of error:

(1) The trial court erred in rejecting ballots
Exhibits F-4, H-1, H-2, H-5, H-8 and H-12, in which instead of the name
Galicano Afable, the names of Galicano Apacible, G. Apacible, or
Galicano Pasible were written on the lines corresponding to the office
of municipal president.

(2) That the court erred in
adjudicating the ballots Exhibits F-7, GM, G-8, 10, 12, 13, 15, 16, 17,
21, 24, 26, 29 and 31 in favor of the appellee.

In our opinion, the first assignment of error is well taken. In his
certificate of candidate for municipal president, the appellant stated
under oath that he was generally known by the names of Galicano G.
Afable, Galicano Afable, Cano Afable, Sanoy Pable, Kalicano Apable, Noy
Plebe, Galicano G. Afable, Kanoy Afable, Anoy Afable, Alicano Afable,
Galicano Garcia, Afable, Galicano, Kanoy, Anoy, Noy, and Calican.

The surname Afable apparently springs from the same root as the name “Apacible,” and the two names are almost idem sonans.
The appellant is a relative of Dr. Galicano Apacible, a well-known and
prominent man in the Province of Batangas, and the evidence shows that
Galicano Afable has often been called Galicano Apacible. It is also to
be noted that Doctor Apacible is a resident of the town of Balayan and
that he consequently cannot very well have been voted for as municipal
president of Tuy. These facts, taken in connection with the large
variety of names applied to the appellant and of which at least one is
practically identical with the names for president appearing on the
ballots referred to in the first assignment of error, show clearly that
the six rejected votes were intended for said appellant. Holding as we
do that these votes are valid and should be counted in favor of the
appellant, he must be considered elected municipal president of the
municipality of Tuy with a plurality of one vote. The second assignment
of error need therefore not be considered.

For the reasons stated, the judgment of the court below is reversed,
and it is adjudged and decreed that the protestee and appellant,
Galicano Afable, was elected to the office of municipal president of
the municipality of Tuy, Province of Batangas, in the last general
elections, and it is hereby ordered that the Court of First Instance of
Batangas direct the municipal board of canvassers of said municipality
of Tuy to correct its returns in conformity with the decision of this
court and to issue in favor of said Galicano Afable the certificate of
election prescribed by law. Without costs in either instance. So
ordered.

Johnson, Street, Malcolm, Johns, and Villa-Real, JJ., concur.