Title
Bustos vs. Moir
Case
G.R. No. 12102
Decision Date
Dec 1, 1916
Election contest in Pampanga annulled due to 268 ballots prepared without required oaths; certiorari denied as lower court acted within jurisdiction.
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Case Digest (G.R. No. 12102)

Facts:

  1. Election Contest: The case involves an election contest for a public office in Pampanga.
  2. Votes Cast: Out of 319 votes cast, 268 were cast by illiterates or persons physically unable to prepare their own ballots.
  3. 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).
  4. 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.
  5. 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:

  1. Whether the Court of First Instance of Pampanga acted without or in excess of its jurisdiction in annulling the election.
  2. Whether certiorari is the proper remedy to challenge the court's decision in an election contest.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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