Case Digest (G.R. No. 8299)
Facts:
Pastor Navarro v. Jose Maria Veloso, G.R. No. 8299. December 12, 1912, the Supreme Court, Moreland, J., writing for the Court.Petitioner-appellant Pastor Navarro filed an election protest against respondent-appellee Jose Maria Veloso contesting the results of the election for provincial governor of Leyte. The protest alleged that various municipal boards of inspectors had declared Veloso elected, but it did not allege that the provincial board of canvassers had proclaimed Veloso the winner.
The Court of First Instance of the Province of Leyte sustained a demurrer to the protest and dismissed it. The court rested its dismissal on two grounds: (1) the protest did not allege that the protestee (Veloso) had been duly proclaimed governor by the provincial board of canvassers; and (2) the allegations showed that not all of the candidates for the office had been notified of the protest as required by law. The trial court concluded that the statutory prerequisites for conducting an election contest had not been met and thus the court lacked jurisdiction.
Navarro appealed to the Supreme Court. The Court reviewed the protest and the ...(Pro-only)
Issues:
- Did the protest state facts sufficient to maintain an election contest when it failed to allege that the protestee had been proclaimed by the provincial board of canvassers?
- Does the failure to give statutory notice to all candidates who received votes for the contested office deprive the trial court of jurisdiction to ...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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