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PHILIPPINE REPORTS ANNOTATED VOLUME 045

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Case Title: Select some text within a
JUAN T. LUCERO, contestant and paragraph and click here to
appellant, vs. TOMAS F. DE copy the selected text. Citation
GUZMAN, contestee and included.
appellee.

Citation: 45 Phil. 852

[No. 20942. April 5, 1924
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JUAN T. LUCER
Search Result contestant and appellant,
TOMAS F. DE GUZMA
1. intending voter, and the
affidavits made by all of them
contestee and appellee.
are duly preserved. (Sec. 453,
Admin. Code, as amended by
sec. 32 of Act No. 3030.) In the
1. ELECTIONS; MOTI
first precinct of Santo Tomas OF CONTEST; BON
about twenty-five or thirty voters JURISDICTION
required assistance. One such
person appointed Roman Bernal COURT.—One of
to assist him in the preparation sureties on the bond
of the ballot, and the two were
accompanied into the booth by costs in an elect
one watcher. In addition to this, contest
we note from the affidavits found
in the box that Roman Bernal, as
a duly sworn watcher,
accompanied seven other
illiterate voters into the booths
with persons of confidence
chosen by said voters. It thus
appears that Roman Bernal must VOL. 45, APRIL 5, 1924
have lawfully entered the voting
booths on the day of the election Lucero vs. De Guzman
at

2. contest, so far as dependent

was a married wom
upon the count, by the proof but the court appro
thus afforded. When the the bond and the cont
examination of the ballots is
concluded it becomes proceeded. Later
unimportant whether the contestee moved
litigants may have guessed right
or not in formulating their dismiss the contest
charges in motion or counter- the ground that
motion. And it is not necessary
for the litigants, as the count
husband had not giv
proceeds, to make amendments his assent to
in motion or counter-motion to creation of
conform exactly with the f acts
revealed upon the inspection of obligation by the w
the ballots. In formulating the Upon consideration
law with respect to procedure in
election cases, the lawmaking the proof upon t
body attempted to teach us— point, the trial ju
though we often seem to forget
this fact—that contests are not
came to the conclus
to be conducted "upon pleadings that said marr
or by action." (Admin. Code, woman was
sec. 481.) The purpose of
obligated by the bond
least with respect to
costs to be incurred
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