Case Digest (G.R. No. 12102)
Facts:
The case of Gabino Bustos vs. Percy M. Moir and Paulino Fajardo revolves around an election contest that took place in Pampanga. The petitioner, Gabino Bustos, filed a petition for a writ of certiorari against Percy M. Moir, the judge of the Court of First Instance of Pampanga, and Paulino Fajardo, the respondent. The events leading to the petition occurred during the trial of an election contest where it was revealed that out of 319 votes cast for the contested office, 268 were from illiterate individuals and those physically unable to prepare their own ballots. The ballots for these individuals were prepared by election inspectors without the required oath mandated by the Election Law, specifically Section 550 of the Administrative Code. After evaluating the evidence, the respondent court declared these ballots illegal and subsequently annulled the election. Bustos contended that the court acted outside its jurisdiction in annulling the election, prompting him to seek a rev...
Case Digest (G.R. No. 12102)
Facts:
- Election Contest: The case involves an election contest for a public office in Pampanga.
- Votes Cast: Out of 319 votes cast, 268 were cast by illiterates or persons physically unable to prepare their own ballots.
- Preparation of Ballots: These 268 ballots were prepared by election inspectors without requiring the voters to take the oath mandated by the Election Law (Section 550, Administrative Code).
- Court's Decision: The Court of First Instance of Pampanga, presided over by Judge Percy M. Moir, declared the 268 ballots illegal and annulled the election.
- Petition for Certiorari: Gabino Bustos filed a petition for certiorari, arguing that the court acted without or in excess of its jurisdiction by annulling the election.
Issue:
- Whether the Court of First Instance of Pampanga acted without or in excess of its jurisdiction in annulling the election.
- Whether certiorari is the proper remedy to challenge the court's decision in an election contest.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)