Repol therefore merely serves as a reminder that, in a petition for certiorari from an interlocutory
order, the petitioner bears the burden of showing that the remedy of appeal taken after a judgment or
final order (as opposed to an interlocutory one) has been rendered will not afford adequate and
expeditious relief,18 as it is often the better practice for a party aggrieved by an interlocutory order to
continue with the case in due course and, in the event of an adverse decision, appeal from it and
include the interlocutory order as one of the errors to be corrected by the reviewing body.
In this instance, petitioner filed a motion for reconsideration of the Second Division’s order. When
that failed, no other speedy and adequate remedy against the unpardonable vices attending the
Second Division’s treatment of the election protest was left to him except recourse to this Court
under Rule 65. Under the circumstances, he was without the shadow of a doubt justified in taking it.
Election Protest and Ballots As Evidence
It will be recalled that the Second Division had been apprised of the ballot boxes’ impaired condition
even prior to the commencement of the revision proceedings. This notwithstanding, it brushed aside
petitioner’s protestations that he was the victim of an ingenious post-election fraud involving
infiltration of the ballot boxes and the clever switching of ballots actually cast with invalid ones to
ensure his defeat in the election protest. The division ruled that:
mere allegations cannot suffice to convince this Commission that switching of ballots has occurred,
absent any positive and direct evidence in the form of fake ballots themselves being found among
genuine ballots. Regardless of any technical examination that may have been conducted or
testimonial evidence presented, as emphatically moved by the protestee but denied by the
Commission, the best proof of the alleged substitution of ballots is the ballots themselves. And the
process by which this proof is established is by way of an evaluation of the ballots by the
Commission itself during its appreciation of the revised ballots.19
On the basis of this reasoning, the Second Division proceeded with an appreciation and recount of
the ballots from over 300 precincts and set aside the physical count of the revised ballots in favor of
the election returns only in precincts the ballot boxes of which were found to contain spurious ballots.
In view of the facts of this case, the Court cannot but hold that the Second Division adopted a
manifestly unreasonable procedure, one totally unfit to address the single most vital threshold
question in an election protest, namely, whether the ballots found in the ballot boxes during the
revision proceedings were the same ballots that were cast and counted in the elections.
The purpose of an election protest is to ascertain whether the candidate proclaimed elected by the
board of canvassers is the true and lawful choice of the electorate. 20 Such a proceeding is usually
instituted on the theory that the election returns, which are deemed prima facie to be true reports of
how the electorate voted on election day21 and which serve as the basis for proclaiming the winning
candidate, do not accurately reflect the true will of the voters due to alleged irregularities that
attended the counting of ballots. In a protest prosecuted on such a theory, the protestant ordinarily
prays that the official count as reflected in the election returns be set aside in favor of a revision and
recount of the ballots, the results of which should be made to prevail over those reflected in the
returns pursuant to the doctrine that "in an election contest where what is involved is the number of
votes of each candidate, the best and most conclusive evidence are the ballots themselves." 22
It should never be forgotten, though, that the superior status of the ballots as evidence of how the
electorate voted presupposes that these were the very same ballots actually cast and counted
in the elections. Thus, it has been held that before the ballots found in a box can be used to set