Title
Alido vs. Alar
Case
G.R. No. L-16822
Decision Date
Nov 29, 1961
Candidate seeks certified election results via mandamus; Supreme Court denies, citing no legal duty for Municipal Treasurer to provide such copies.
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Case Digest (G.R. No. L-16822)

Facts:

  1. Petitioner’s Claim: Marcos Alido, a candidate for councilor in Borongan, Samar, filed a petition for mandamus to compel Faustino Alar, the Municipal Treasurer, to issue certified copies of Election Results (Commission on Elections Form No. 8) from the November 10, 1959 elections.
  2. Nature of the Document: The Election Results (Form No. 8) were public/official documents submitted to the Municipal Treasurer by the Boards of Inspectors.
  3. Respondent’s Refusal: Despite repeated demands, the Municipal Treasurer refused to issue the copies, arguing that there was no legal duty to do so under the Revised Election Code.
  4. Purpose of Form No. 8: The form was intended for specific purposes, such as enabling the Municipal Treasurer to make an unofficial release of election results to the public and to wire the Commission on Elections the official results for senators.

Issue:

  1. Whether the petitioner has a clear legal right to demand certified copies of the Election Results (Form No. 8) from the Municipal Treasurer.
  2. Whether the writ of mandamus is the appropriate remedy to compel the issuance of such copies.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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