Title
Banes vs. Cordero
Case
G.R. No. 4130
Decision Date
Apr 12, 1909
Residents disqualified as electors challenged election results, alleging unlawful deprivation of voting rights; courts upheld election boards' jurisdiction and denied certiorari.
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Case Digest (G.R. No. 141710)

Facts:

    Background of the Case

    • Petitioners: Rupino Banes et al., residents of Narvacan, Province of Ilocos Sur, were registered as qualified electors for the municipal elections held on December 5, 1905.
    • Respondents: Jacinto Cordero et al., representing the election board and provincial authorities.

    Disqualification of Petitioners

    • The board of election judges, after considering objections to the qualifications of the petitioners, ruled that the petitioners had violated their oath of allegiance to the United States of America.
    • Based on this infraction, the board ordered that the petitioners’ names be stricken off the list of registered electors.

    Filing of Protest

    • After the elections concluded, the petitioners filed a protest asserting that their right to vote had been unlawfully deprived.
    • The protest was premised on their claim that they possessed the legal right to cast votes, which was nullified by their disqualification.

    Involvement of the Provincial Board

    • The proper election certificate and the protest were forwarded to the provincial board.
    • On December 23, 1905, the provincial board passed a resolution approving the election results and dismissing the protest filed by the petitioners.

    Petition for Writ of Certiorari

    • The petitioners then sought judicial relief through a writ of certiorari, alleging that the election board and provincial board exceeded their powers by dismissing their protest and approving the elections.
    • The writ of certiorari was filed with the Court of First Instance of Ilocos Sur but was subsequently denied.

    Legal Framework

    • The actions in question were governed by the provisions of the Municipal Code (Act No. 82), which was the law in force at the time of the events.
    • Section 9, paragraph (b), of Act No. 82, empowered the municipal president to publish a list of qualified electors and provided a process for addressing objections to such qualifications.
    • Section 13, paragraph (b), of the same Act, detailed the role of the provincial board in receiving the election certificate and objections, and in determining the legality of the election.

Issue:

    Jurisdiction and Authority

    • Whether the board of election judges acted within their lawful powers in disqualifying the petitioners based on the alleged violation of their oath of allegiance.
    • Whether the provincial board of Ilocos Sur exceeded its authority by dismissing the protest and declaring the municipal election valid.

    Grounds for Relief

    • Whether the petitioners presented sufficient evidence to establish that the respondents had exceeded their jurisdiction.
    • Whether a writ of certiorari was the appropriate remedy for the alleged abuses in the exercise of power or jurisdiction.

    Interpretation of the Municipal Code (Act No. 82)

    • How the provisions of Act No. 82 confer powers on both the board of judges and the provincial board in handling electoral disputes.
    • Whether any irregularities or informalities noted in the process could justify the issuance of the writ.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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