Facts:

• The case involves an election protest filed by respondent Andres Cordero against petitioner Timoteo Cachola for the position of municipal mayor.
• The protest was filed on November 28, 1951.
• The petitioner filed a motion to dismiss the protest on June 2, 1952, on the ground that the respondent judge had failed to decide the case within the six-month period required by Section 177 of the Revised Election Code.

Issue:

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Ruling:

• Section 177 of the Revised Election Code is directory in nature.
• The court ruled that the provision does not impose a mandatory duty on the court to dismiss a protest that exceeds the six-month period.
• Dismissing a protest solely based on the failure to meet the time limit would ...(Unlock)

Ratio:

• The provisions of Section 177 of the Revised Election Code, as well as Section 178, which sets a three-month period for deciding appeals in election contests, are directory in nature.
• These provisions aim to ensure the speedy resolution of election contests to maintain public faith and confidence in the electoral process.
• However, dismissing an election contest solely because the court failed to render a final decision within ...continue reading