Title
Aquino vs. Judge of 1st Instance of Cagayan
Case
G.R. No. L-12504
Decision Date
Feb 13, 1918
Election protest dismissed due to lack of notice to two councilman candidates; protest for president and vice-president reinstated, requiring proof of notice for councilmen.
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Case Digest (G.R. No. L-12504)

Facts:

  1. Election Held: An election was conducted on June 6, 1916, in the municipality of Amulung, Province of Cagayan, to elect a president, vice-president, and councilmen.
  2. Canvass of Votes: After the election, the municipal board of inspectors canvassed the votes and declared certain candidates elected.
  3. Joint Protest Filed: On June 19, 1916, a joint protest was filed by some candidates for president, vice-president, and councilmen against the election results.
  4. Notice of Protest: Notice of the protest was given to all opposing candidates except two candidates for councilman.
  5. Motion to Dismiss: A motion was filed to dismiss the protest on the grounds that the court lacked jurisdiction because the two councilman candidates were not notified.
  6. Dismissal of Protest: The court dismissed the protest based on the motion, prompting the petitioners to seek a writ of mandamus to reinstate and hear the protest on its merits.

Issue:

  1. Whether the lower court had jurisdiction to hear the protest despite the failure to notify all candidates, particularly the two councilman candidates.
  2. Whether the joint protest filed by candidates for president, vice-president, and councilmen constituted an improper joinder of parties, requiring separate protests for each office.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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