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Cecilio vs. Tomacruz [CONCURRING OPINION, LAUREL, J.]

AURELIO CECILIO, petitioner-appellee, vs. JACINTO TOMACRUZ, respondent-appellant.

G.R. No. 43719 | 1935-12-21

CONCURRING IN THE RESULT


LAUREL, J.,

I concur in the result in favor of the protestant-appellee.

The admission of 44 ballots on which the protestee-appellant, Jacinto Tomacruz, appears voted as "Tomy", "Tomi", "Tome" and "Toma" has given rise to considerable discussion. As I voted against their admission, I desire to express my reasons for so doing, in addition to those given by Justice Imperial.

It is conceded that this court has always adhered to the principle of liberality in the appreciation of ballots (sec Valenzuela vs. Carlos and Lopez de Jesus [1921], 42 Phil., 428; Mandac vs. Samonte [1926], 49...