Case Digest (G.R. No. L-1679)
Facts:
Emilio P. Cortez v. The Commission on Elections et al., G.R. No. L-1679. October 16, 1947, Supreme Court En Banc, Moran, C.J., writing for the Court. Petitioner Emilio P. Cortez, a candidate for Provincial Governor of Pampanga, objected when the municipal councils of twelve Pampanga towns (Bacolor, Candaba, Arayat, Sta. Ana, San Luis, San Simon, Apalit, Sexmoan, Macabebe, Minalin, Mexico and Lubao) caused the polling places corresponding to barrio precincts to be transferred to the respective poblacions. Those municipal councils had obtained and the respondent Commission on Elections (COMELEC) approved the transfers on the ground of “abnormal conditions of peace and order” in the affected municipalities.Cortez sought review of the Commission’s approval and appeared before the Court to challenge it; at the Supreme Court hearing attorney Rodrigo Perez appeared for the respondents. The parties litigated the meaning and interplay of Sections 62, 63 and 66 of the Revised Election Code (Republic Act No. 180), which govern designation, permitted exceptions for, and change of polling places. Cortez argued that the transfers violated Section 63’s command that polling places be located “as centrally as possible with respect to the residence of the voters of the precinct” and that the limited exceptions enumerated in Section 63 did not apply here.
Before the Court rendered its final decision, two preliminary writs issued in the case were already in effect: a prohibitory writ enjoining respondents from placing or transferring the barrio polling places to the poblacion, and a mandatory writ ordering restoration of the polling places to their barrios. The matter reached the Supreme Court by pe...(Subscriber-Only)
Issues:
- Did the Commission on Elections have authority to approve transfers of polling places from barrio precincts to the poblacion under Section 66 of the Revised Election Code and Article X, Section 2 of the Constitution?
- Did the municipal councils’ resolutions and the Commission’s approval effectuate an illegal transfer in violation of Section 63 of the Revised Election Code, thereby justifying permanent injunctive relief?
- Was the Commission on Elections’ delay in issuing its decision unreason...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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