[ G.R. No. L-16452, October 31, 1963 ]
GAUDIOSO M. TIONGCO, PROTESTANT AND APPELLANT, VS. CARMELO, L. PORRAS, PROTESTEE AND APPELLEE.
D E C I S I O N
BAUTISTA ANGELO, J.:
To facilitate the examination and recounting of ballots in the protested precincts, the court appointes eight teams of commissioners, each composed of three: one for the protestant, one for the protestee and one for the court, with a compensation of P5.00 per ballot box for each commissioner representing the protestant, and P10.00 for each of the commissioners representing the court and the protestee. With regards to the counter-protested ballot boxes, all the commissioner received from protestee the amount P10.00 per precinct, or the total sum of P1,230.00 for the 41 contested precincts.
After a delay of more than two years in the trial of he case due to numerous motions for postponements files by the protestant, the court, on April 15, 1958, issued the following order:
"WHEREFORE, the Court finding the opposition to the motion for transfer well taken, hereby orders the dismissal of the above-entitled case, as well as the counter-protest, with costs against the protestant. Upon petition of counsel for the protestee, the request of the protestee to file a separate civil suit for damages against the protestant is hereby granted."
On June 18, 1958, the protestee filed a bill of costs and expenses with the Clerk of Court, as follows:
1. For the answer P 8.00 2. For the attendance of attorney 10.00 3. For the attendance of 10 witnesses for 25 days of trial at the rate of P1.00 each day 250.00 4. For the payment of premium of bond of P2,000 filed by the protestee at the rate of P60.00 a year for three years 180.00 5. For commissioner's fees paid by the protestee as per Order dated May 12, 1957 1,230.00Total P1,678.00
Despite protestant's opposition thereto, the Clerk of Court approved the aforesaid bill. This was affirmed by the court in its order dated February 13, 1959, the present being an appeal therefrom.
Appellant contents that there is no law or rule of court authorizing the award as costs of the amount of P1,230.00 paid to the commissioners and of the amount of P180.00 paid as premium on the bond posted by the protestee in connection with his counter protest. This contention is without merit. Section 180 of the Revised Election Code provides that before a component court may take cognizance of an election protest, the protestant shall file a bond, with two sufficient sureties and for such amount as the Court may fix, to answer for the payment of all expenses and costs incidental to the protest. Undoubtedly, the fees paid to the commissioners who revised the ballots cast in the precincts protested by appellant is an expense incidental to his protest. The allegations made in his pleading made inevitable the opening of the ballot boxes of the contested precincts and the revision of their contents by the commissioners appointed for the purpose. Under the law and the order of dismissal quoted heretofore, his liability therefore appears clear.
With respect to the fees of the commissioners who revised the ballots of the precincts covered by appellee's counter-protest, we likewise believe that appelant is liable.
The counter-protest was forced upon appellee by appellant's protest. Had the latter not filed any protest, there would have been no counter-protest. The latter not filed any protest. Consequently, the expenses incurred in connection therewith arouse from and may be deemed to be mere incident of appellant's protest.
Wherefore, finding the order appealed from to be in accordance with law, the same is hereby affirmed, with costs.
Bengzon, C.J., Padilla, Bautista Angelo, Labrador, Concepcion, Reyes, J.B.L., Barrera, Paredes, Regala, and Makalintal, JJ., concur.