Case Digest (G.R. No. L-6813)
Facts:
- The case involves Pedro Abendante (protestant) vs. Baldomero Relato (protestee) regarding an election contest in Camarines Sur.
- The election occurred on November 13, 1951, for the mayoral position of Cabusao.
- Abendante represented the Liberal Party, while Relato was from the Nacionalista Party.
- A new precinct No. 11 was created within the Bicol Treatment Station, a leper colony.
- The original Board of Canvassers excluded votes from precinct No. 11, declaring Abendante the mayor-elect by 56 votes on November 28, 1951.
- A new Board of Canvassers included the votes from precinct No. 11, proclaiming Relato as the mayor-elect with a majority of 82 votes on November 29, 1951.
- The Commission on Elections intervened on December 17, 1951, revoking both proclamations and instructing the original Board to reconvene.
- The Board reconvened on December 27, 1951, but initially did not proclaim a winner, citing the votes as illegal.
- On December 29, 1951, under pressure, the Board proclaimed Relato as the duly elected mayor with 935 votes against Abendante's 853 votes.
- Abendante's protest argued that the lepers' votes were invalid due to the repeal of certain provisions of Republic Act No. 180 by Republic Act No. 599.
- The lower court ruled that the lepers were qualified voters, leading to the dismissal of Abendante's protest, which he subsequently appealed.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled that the votes cast in precinct No. 11 by the lepers were valid and should be counted in the election results.
- The Court affirmed the authority of the Commission on Elections to cancel the canvass ...(Unlock)
Ratio:
- The Supreme Court emphasized that the lepers voting in precinct No. 11 were residents of Cabusao, meeting the residency requirement to vote.
- The Court referenced Alcantara vs. Secretary of Interior, establishing that individuals in leper colonies retain voting rights if they meet residency criteria.
- The lepers' intention to return home did not negate their current residency status for voting.
- The Commission on Elections is responsible for enforcing election laws, including overseeing the Board of Canvassers.
- The Board's duty wa...continue reading
Case Digest (G.R. No. L-6813)
Facts:
The case of Pedro Abendante vs. Baldomero Relato revolves around an election contest initiated by Pedro Abendante, the protestant, against Baldomero Relato, the protestee, in the Court of First Instance of Camarines Sur. The elections took place on November 13, 1951, where Abendante, representing the Liberal Party, contested the mayoral position of Cabusao, Camarines Sur, against Relato, a candidate from the Nacionalista Party. A significant aspect of this election was the creation of precinct No. 11 within the Bicol Treatment Station, a leper colony situated between Libmanan and Cabusao.
On November 28, 1951, the original Board of Canvassers for Cabusao canvassed the election results but excluded the votes from precinct No. 11, declaring Abendante the mayor-elect with a majority of 56 votes. However, on November 29, 1951, a new Board of Canvassers was formed at the request of the Assistant Provincial Fiscal, which included the votes from precinct No. 11 and subsequently proclaimed Relato as the mayor-elect with a majority of 82 votes.
The Commission on Elections intervened on December 17, 1951, revoking both proclamations and instructing the original Board of Canvassers to reconvene and include the votes from precinct No. 11. After some hesitation, the Board reconvened on December 27, 1951, but initially refrained from making a proclamation, citing the votes as illegal. Eventually, on December 29, 1951, under pressure from the Commission, the Board proclaimed Relato as the duly elected mayor with 935 votes against Abendante's 853 votes.
Abendante's protest was primarily based on the argument that the votes from precinct No...