Case Digest (G.R. No. L-16822)
Facts:
The case involves Marcos Alido as the petitioner and appellee, and Faustino Alar, the Municipal Treasurer of Borongan, Samar, as the respondent and appellant. The events leading to the case began when Alido, a candidate for councilor in the November 10, 1959 elections, sought to obtain certified copies of the election results from the 41 precincts in Borongan, Samar. He filed a petition for Mandamus with the Court of First Instance (CFI) of Samar, requesting that Alar be compelled to issue these copies, which were documented in Commission on Elections Form No. 8. Alido argued that these election results were public documents that should be accessible upon demand. Despite making repeated oral and written requests to Alar, the Municipal Treasurer refused to provide the requested documents. Alar's defense was based on the assertion that there was no provision in the Revised Election Code mandating him to issue such certificates and that the responsibility lay with the Board ...
Case Digest (G.R. No. L-16822)
Facts:
- 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.
- Nature of the Document: The Election Results (Form No. 8) were public/official documents submitted to the Municipal Treasurer by the Boards of Inspectors.
- 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.
- 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:
- Whether the petitioner has a clear legal right to demand certified copies of the Election Results (Form No. 8) from the Municipal Treasurer.
- Whether the writ of mandamus is the appropriate remedy to compel the issuance of such copies.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)