Title
Ablan, Sr. vs. Madarang
Case
G.R. No. L-32963
Decision Date
Sep 30, 1971
Election recount petition dismissed; Supreme Court ruled lower court lacked jurisdiction due to failure to meet statutory requirements under 1971 Constitutional Convention Act.
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Case Digest (G.R. No. L-32963)

Facts:

Election for Delegates to the 1971 Constitutional Convention:

  • The election for delegates to the first district of Ilocos Norte was held on November 10, 1970.
  • Petitioner Federico B. Ablan, Sr., and respondent Dr. Damaso T. Samonte were candidates in this election.
  • Petitioner Ablan received 15,415 votes, placing him second, while respondent Samonte received 12,802 votes, placing him third.
  • Delegate Antonio V. Raquiza, who received the highest number of votes, was proclaimed without objection.

Petition for Judicial Recount:

  • On November 23, 1970, respondent Samonte filed a petition for judicial recount in the lower court, presided over by respondent Judge Jose A. Madarang.
  • The petition sought a recount of votes in specific precincts in the municipalities of Pagudpud, Bangui, Bacarra, and Sarrat.
  • Samonte alleged irregularities in the election returns, including:
    • Tampering or preparation of returns under duress.
    • Votes cast for Samonte were illegally counted in favor of Ablan.
    • Votes were interchanged to favor Ablan.
    • Blank ballots or ballots with other candidates' names were counted for Ablan.
    • Watchers were not allowed to observe the counting process.
    • Statistical improbability of results in certain precincts.

Motion to Dismiss:

  • Petitioner Ablan filed a motion to dismiss on December 7, 1970, arguing that the petition for judicial recount did not meet the statutory requirements under Section 6(H) of the 1971 Constitutional Convention Act.
  • The motion was opposed by Samonte, and the lower court denied the motion to dismiss on December 17, 1970.
  • A motion for reconsideration was also denied on December 22, 1970.

Certiorari and Proceeding Before the Supreme Court:

  • Petitioner Ablan filed a petition for certiorari and prohibition before the Supreme Court, challenging the lower court's assumption of jurisdiction.
  • Respondent Samonte argued that the certiorari proceeding was premature and that the lower court had jurisdiction to entertain the petition for judicial recount.

Issue:

  1. Procedural Issue: Whether the denial of a motion to dismiss for lack of jurisdiction is a proper subject of a certiorari proceeding.
  2. Substantive Issue: Whether the lower court had jurisdiction to order a judicial recount based on the allegations in respondent Samonte's petition, given the statutory requirements under the 1971 Constitutional Convention Act.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Conclusion:

The Supreme Court granted the writs of certiorari and prohibition, ruling that the lower court acted without jurisdiction in entertaining the petition for judicial recount. The Court stressed the importance of adhering to statutory requirements in election cases to ensure the timely and accurate resolution of electoral disputes.


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