Case Digest (G.R. No. L-10998)
Facts:
The case involves Bernardino O. Almeda as the petitioner and Fernando Silvosa, along with Hon. Modesto R. Ramolete, the Judge of the Court of First Instance of Surigao, as respondents. The events unfolded following the elections held on November 8, 1955, where both Almeda and Silvosa were candidates for the position of Provincial Governor of Surigao. On November 25, 1955, the Provincial Board of Canvassers proclaimed Almeda as the duly elected Provincial Governor, and he officially took office on January 1, 1956. Dissatisfied with the election results, Silvosa filed Election Protest No. 877 on December 2, 1955, contesting Almeda's election. Almeda responded to the protest and subsequently filed a second amended answer with a counter-protest on March 26, 1956.
During the same period, Artemio Laurente and Victor Risma, who were defeated candidates for municipal mayor positions, filed their own election protests (Nos. 872 and 873) in the same court. Silvosa sought to inte...
Case Digest (G.R. No. L-10998)
Facts:
Election and Proclamation:
- In the November 8, 1955 elections, Bernardino O. Almeda and Fernando Silvosa were candidates for the office of Provincial Governor of Surigao.
- On November 25, 1955, the Provincial Board of Canvassers proclaimed Bernardino O. Almeda as the duly elected Provincial Governor. He assumed office on January 1, 1956.
Election Protest:
- On December 2, 1955, Fernando Silvosa filed Election Protest No. 877 in the Court of First Instance of Surigao, contesting Almeda's election.
- Almeda filed his answer and later a second amended answer with a counter-protest on March 26, 1956.
Intervention in Other Protests:
- Silvosa intervened in Election Protests Nos. 872 and 873, which were filed by defeated mayoral candidates in Tago and Loreto.
- Despite Almeda's opposition, the court allowed Silvosa to participate in the revision of ballots in these protests. These protests were dismissed on March 12, 1956.
Amendment of Protest:
- On July 16, 1956, during the trial of Election Protest No. 877, Silvosa sought to amend his protest by adding six new precincts (Precincts 19, 20, 22-23, 23-A of Tago, and Precinct 9 of Loreto).
- Almeda objected to the amendment, but the court admitted the amended protest on July 21, 1956.
- Almeda filed a motion for reconsideration, which was denied on July 25, 1956.
Petition for Certiorari:
- Almeda filed a petition for certiorari, arguing that the court gravely abused its discretion in allowing the amendment and in permitting Silvosa to intervene in unrelated protests.
Issue:
- Whether the trial court gravely abused its discretion in allowing Silvosa to intervene in Election Protests Nos. 872 and 873, which were unrelated to the gubernatorial election.
- Whether the court erred in allowing Silvosa to amend his protest by adding six new precincts after the statutory period for filing protests had expired.
- Whether the amendment of the protest substantially changed the cause of action, thereby requiring it to be filed within the two-week period prescribed by law.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)