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Pimentel vs. Festejo

CANUTO F. PIMENTEL, protestant-appellant, vs. PEDRO FESTEJO, protestee-appellee.

G.R. No. L-2327 | 1949-01-11

D E C I S I O N

PERFECTO, J p:

Pedro Festejo was proclaimed elected as mayor of Santa Lucia, Ilocos Sur, in the elections of November 11, 1947, with 1,108 votes against 1,101 votes in favor of Canuto F. Pimentel.

The latter protested. The trial court found that Festejo received 1,107 votes and Pimentel 1,101 votes and, consequently, dismissed the protest.

Appellant appealed, contending that the lower court erred in not crediting to him the fifty-nine ballots mentioned in his first three assignments of error as votes in his favor, with which he would appear to have received a total of 1,160 votes and, therefore, enough majority to win...