Case Digest (G.R. No. L-19260)
Facts:
Delfin Albano v. Hon. Manuel Arranz and Samuel Reyes, G.R. No. L-19260. January 31, 1962, the Supreme Court En Banc, Reyes, J.B.L., J., writing for the Court.Petitioner Delfin Albano, the Nacionalista Party candidate for Representative of the lone district of Isabela in the November 14, 1961 national elections, filed an original petition for a writ of prohibition against Hon. Manuel Arranz, Judge of the Court of First Instance (CFI) of Isabela, Branch I, to restrain him from proceeding in Civil Case No. 365; Samuel F. Reyes, the Liberal Party candidate and plaintiff in Civil Case No. 365, was made respondent in the Supreme Court petition. The Court issued a writ of preliminary injunction on December 11, 1961 upon filing of a P2,000 bond.
During the provincial canvass on November 28, 1961 the provincial board of canvassers, acting on returns produced by the Provincial Treasurer, faced disputes over returns from specific precincts in Cabagan and Reina Mercedes, Isabela; Albano’s representative alleged erasures and alterations in the returns furnished to the Provincial Treasurer that differed from carbon copies given to party representatives. Tensions arose during the canvass and the controversy over the questioned returns was reported to the Commission on Elections (COMELEC).
By telegraphic order dated December 6, 1961 the Commission on Elections ordered the suspension of proclamation of the winning candidate pending further orders; the Provincial Board complied by suspending canvass of the contested precincts (and one precinct contested by Reyes). Thereafter Reyes filed a petition for a writ of mandamus in the CFI of Isabela, Branch I, naming the Provincial Board of Canvassers as respondents and claiming the COMELEC suspension was null and void and asking the court to direct immediate canvass and proclamation. On December 9, 1961 Judge Arranz set the case for hearing within five days and, on motion of Reyes, issued a preliminary injunction restraining the Board and Provincial Treasurer from bringing the questioned returns to Manila as ordered by COMELEC.
Petitioner Albano sought prohibition in the Supreme Co...(Subscriber-Only)
Issues:
- Did the Court of First Instance of Isabela, Branch I, have jurisdiction to entertain and proceed with Civil Case No. 365 which sought to set aside or disregard an order of the Commission on Elections?
- Was the suspension of proclamation by the Commission on Elections, pending inquiry into alleged discrepancies in election returns, within the administrative authority of the Commission and beyond the power of a ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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