Facts:

The case involves Federico B. Ablan, Sr. as the petitioner and Dr. Damaso T. Samonte along with Judge Jose A. Madarang as the respondents. The events transpired following the election for delegates to the 1971 Constitutional Convention held on November 10, 1970, in the first district of Ilocos Norte. Federico B. Ablan, Sr. received 15,415 votes, securing the second highest number of votes, while Dr. Damaso T. Samonte came in third with 12,802 votes. The election results were canvassed, and Delegate Antonio V. Raquiza was proclaimed the winner without any objections. However, on November 23, 1970, Dr. Samonte filed a petition for a judicial recount in the lower court presided over by Judge Madarang, claiming that the election returns from several precincts did not accurately reflect the true results due to alleged irregularities, including tampering and miscounting of votes. Ablan filed a motion to dismiss the recount petition on December 7, 1970, arguing that the requirements...

Facts:

Statutory Framework and Controversy

• The 1971 Constitutional Convention Act empowers courts of first instance to recount votes only upon a showing of an "authentic copy or copies" of returns from an election precinct presenting a discrepancy—either a different number of votes or a difference in the words and figures—that affects the election result.
• The petitioner, Federico B. Ablan, Sr., a candidate for delegate in the election, contends that he would have been proclaimed the second highest vote-getter if the judicial recount had not been entertained.

The Election and the Candidates

• The election for delegates to the Constitutional Convention for the first district of Ilocos Norte was held on November 10, 1970.
• Petitioner Ablan secured 15,415 votes, positioning him as having the second largest vote count, after Delegate Antonio V. Raquiza.
• Respondent Dr. Damaso T. Samonte, another candidate, obtained 12,802 votes and subsequently initiated a petition for a judicial recount.

Allegations in the Petition for Judicial Recount

• On November 23, 1970, respondent Samonte filed a petition with the lower court to recount votes in certain precincts (in the municipalities of Pagudpud, Bangui, Bacarra, and Sarrat).
• The allegations asserted by Samonte included:
• The election returns were tampered with or prepared under duress in the questioned precincts.
• Votes cast for him were allegedly misread, counted, and illegally adjudicated in favor of petitioner Ablan.
• An interchange of votes was claimed to have been made so that Ablan appeared to have polled a greater number than Samonte.
• Ballots which were either left blank or bore the names of other individuals were illegally counted in favor of Ablan.
• Watchers for petitioner and other candidates were not permitted to be stationed at vantage points to verify the counting process.
• In specific precincts (e.g. 45, 45-A, 46, 86 and 87 of Laoag City), the vote totals were statistically improbable and suggested fabrication.

Lower Court Proceedings and Contested Jurisdiction

• Petitioner Ablan filed a motion to dismiss on December 7, 1970, arguing that the petition failed to satisfy the strict statutory requirements for a judicial recount.
• Despite this, the lower court, presided by respondent Judge, denied the motion to dismiss on December 17, 1970.
• A motion for reconsideration filed on December 20, 1970 was also dismissed on December 22, 1970, and respondent Judge maintained his asserted jurisdiction even after filing his own answer.
• The sequence of proceedings ultimately led to the filing of the present petition for certiorari and prohibition.

The Crux of the Controversy

• The petitioner challenges the lower court’s assumption of jurisdiction, asserting that the allegations raised by respondent Samonte did not fall within the narrow statutory exception allowing for a judicial recount.
• The dispute centers on whether the lower court erred in rejecting the jurisdictional objection and proceeding with the recount petition despite the apparent statutory defect.

Issue:

Procedural Issue

• Is the issuance of writs of certiorari and prohibition proper when a lower court denies a motion to dismiss on the ground of lack of jurisdiction, even if the procedural posture would normally bar such an action?
• Can a court of first instance exercise jurisdiction over a petition for judicial recount when the statutory prerequisites under the 1971 Constitutional Convention Act are not met?

Merits Issue

• Do the allegations presented by respondent Samonte satisfy the statutory requirement requiring an “authentic copy or copies” of cast votes showing a discrepancy that affects the result of the election?
• Was the lower court’s decision to entertain the petition for judicial recount an overreach of its authority, considering the mandatory limitations imposed by the statute?

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)