Case Digest (G.R. No. L-59593)
Facts:
Francisco B. Asuncion, Jr. v. Honorable Rosalio C. Segundo (G.R. No. 59593), promulgated September 24, 1983, the Supreme Court En Banc, Fernando, C.J., writing for the Court.
Petitioner Francisco B. Asuncion, Jr. brought a special civil action in the sala of respondent Judge Rosalio C. Segundo, challenging the election of private respondent Laureano S. Perez on the ground of ineligibility. The complaint was filed on July 15, 1981, and was docketed as Special Civil Case No. U-3667 before the Court of First Instance of Pangasinan, Branch V.
On July 29, 1981 private respondent Perez filed a motion to dismiss arguing that the action had prescribed because the proclamation of Perez's election occurred on February 1, 1980 and, under the Election Code, a quo warranto on ineligibility must be filed with the Commission on Elections within ten days after proclamation. Petitioner opposed the motion on August 12, 1981. The respondent Judge issued an order on September 8, 1981 dismissing the quo warranto, holding the case was filed out of time and that the court therefore lacked jurisdiction; a subsequent motion for reconsideration was denied.
Petitioner filed a certiorari petition with the Supreme Court seeking relief from the dismissal. The Supreme Court considered the statutory prescription period under Section 189 of the 1978 Election Code...(Pro-only)
Issues:
- Was the quo warranto action filed by petitioner timely under the filing period prescribed by the 1978 Election Code?
- Did the Court of First Instance have jurisdiction to entertain the quo warranto action notwithstanding the asserted failure to comply with the stat...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)