Case Digest (G.R. No. 112283)
Facts:
- Evelyn Abeja contested the election results against Rosauro Radovan for the position of municipal mayor of Pagbilao, Quezon, following the May 11, 1992 national elections.
- Radovan was proclaimed the winner with 6,215 votes, while Abeja received 5,951 votes.
- Abeja filed an election contest (Election Case No. 92-1) challenging results in 22 precincts, while Radovan counter-protested 36 precincts.
- During pre-trial, Radovan's counsel requested that the revision of counter-protested precincts occur only if Abeja led by at least one vote after revising the 22 precincts.
- The trial court deemed this request premature.
- By September 1992, the revision of the 22 precincts was completed, but Radovan did not initiate the revision of his counter-protest.
- Abeja moved to have Radovan's counter-protest considered withdrawn due to his inaction, which Radovan opposed.
- In April 1993, all pending matters were submitted for resolution without Radovan revising the counter-protested precincts.
- Radovan died on June 13, 1993, and was substituted by Vice-Mayor Conrado de Rama and his widow, Ediltrudes Radovan.
- On August 27, 1993, Abeja filed a motion to determine the votes and declare her the winner, claiming a lead of 281 votes.
- Judge Tanada denied this motion on September 21, 1993, ruling it premature until the counter-protested precincts were revised.
- A motion for reconsideration was denied on October 18, 1993, leading Abeja to file a petition for certiorari on November 8, 1993.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled that the revision of the 36 counter-protested precincts should not proceed, as Radovan had effectively abandoned his counter-protest.
- The Court found that the respondent judge erred in denying the petitioner's motion to determine the vote...(Unlock)
Ratio:
- The Supreme Court held that Radovan abandoned his counter-protest by failing to pursue the revision of the 36 precincts after the completion of the 22 precincts.
- The Court emphasized that the Comelec Rules of Procedure dictate a specific order for presenting evidence in election contests, which Radovan did not follow.
- Radovan's insistence that the counter-protest should only b...continue reading
Case Digest (G.R. No. 112283)
Facts:
The case involves Evelyn Abeja as the petitioner and Judge Federico Tanada of the Regional Trial Court of Lucena City, Branch 58, along with Rosauro Radovan (deceased), as the respondents. The events leading to this case began with the May 11, 1992 national elections, where Abeja and Radovan contested for the position of municipal mayor of Pagbilao, Quezon. The Municipal Board of Canvassers proclaimed Radovan as the winner with 6,215 votes against Abeja's 5,951 votes. Following this, Abeja filed an election contest, designated as Election Case No. 92-1, with the Regional Trial Court, challenging the results in 22 precincts. Radovan subsequently filed a counter-protest concerning 36 precincts. During pre-trial, Radovan's counsel requested that the revision of the counter-protested precincts occur only if Abeja led by at least one vote after the revision of the 22 precincts. The trial court deemed this discussion premature.
By September 1992, the revision of the 22 precincts was completed, but Radovan did not initiate the revision of his counter-protest. Abeja moved to have Radovan's counter-protest considered withdrawn due to his inaction. Radovan opposed this, maintaining that the counter-protest should only be revised if Abeja led by one vote. In April 1993, all pending matters were submitted for resolution without Radovan having revised the counter-protested precincts. Radovan died on June 13, 1993, and was substituted by Vice-Mayor Conrado de Rama and his widow, Ediltrudes Radovan. On August 27, 1993, Abeja filed a motion to determine...