Case Digest (G.R. No. L-22568)
Facts:
The case of Dioscoro V. Astorga vs. Hon. Fidel Fernandez and Edita Lim revolves around the municipal elections held on November 12, 1963, in Daram, Samar. Dioscoro V. Astorga, the petitioner, contested the election results after Edita Lim was proclaimed the winner with a plurality of forty votes. Following the election, Astorga filed an election protest on November 27, 1963, which was recorded as Special Proceedings No. 4997. He alleged "irregularities and frauds" in Precinct No. 12, claiming that the board of inspectors had illegally credited approximately eighty ballots in favor of Lim, which should have been counted for him. Astorga argued that a recount of the ballots from Precinct No. 12 would likely alter the election outcome in his favor. On December 2, 1963, Judge Fidel Fernandez required Astorga to post a bond and make a cash deposit while ordering the municipal treasurer to produce relevant election documents. Lim responded to the protest by denying the al...
Case Digest (G.R. No. L-22568)
Facts:
Election Context:
- Dioscoro V. Astorga and Edita Lim were candidates for mayor of Daram, Samar, in the November 12, 1963 elections.
- Lim was proclaimed the winner with a plurality of 40 votes over Astorga.
Election Protest:
- On November 27, 1963, Astorga filed an election protest (Special Proceedings No. 4997) alleging "irregularities and frauds" in Precinct No. 12.
- Astorga claimed that 80 ballots cast in his favor were illegally credited to Lim.
- He argued that a recount of the votes in Precinct No. 12 would alter the election results in his favor.
Court Proceedings:
- On December 2, 1963, the court required Astorga to file a bond and deposit cash. It also ordered the municipal treasurer to produce election documents, including the ballot box for Precinct No. 12.
- Lim denied the allegations and filed a counter-protest regarding irregularities in another precinct.
Motion to Open Ballot Box:
- On February 12, 1964, Astorga moved to open the ballot box for Precinct No. 12 to examine and recount the ballots.
- Lim objected, and the court ruled that the ballot box could only be opened if the court was convinced of the alleged irregularities.
- The court denied Astorga’s motion, and his motion for reconsideration was also denied.
Petition for Certiorari and Mandamus:
- Astorga filed the present action to annul the court’s orders and compel the immediate opening of the ballot box.
Issue:
- Whether the allegations in Astorga’s election protest were sufficient to justify the immediate opening of the ballot box for Precinct No. 12.
- Whether the lower court committed grave abuse of discretion in denying Astorga’s motion to open the ballot box.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)