Case Digest (G.R. No. 23892)
Facts:
Ramon R. Papa v. The Municipal Board of the City of Manila, G.R. No. 23892, March 23, 1925, the Supreme Court En Banc, Malcolm, J., writing for the Court.Petitioner-appellee Ramon R. Papa, president of the provincial committee of the Partido Nacionalista Consolidado in the City of Manila, sued the Municipal Board of the City of Manila (respondent-appellant) for a writ of mandamus to compel the Board to appoint election inspectors and substitutes in the proportions petitioner claimed entitled under the Election Law; Marcelo Caringal, president of the provincial committee of the Partido Liberal, was permitted to intervene.
At the municipal-board session to name inspectors for the 1925 general elections, the Municipal Board appointed, for each precinct in Manila, two inspectors (and substitutes) representing the Partido Democrata and one inspector (and substitute) representing the Partido Liberal, omitting appointees proposed by the Partido Nacionalista Consolidado. Papa sought mandamus in the Court of First Instance of the City of Manila to compel appointments in accordance with his party’s list.
The trial judge (Judge of the First Instance) granted the writ and ordered the Municipal Board, within two days, to convene and name for each precinct two inspectors and a secretary (and substitutes) from names proposed by the Partido Nacionalista Consolidado, and one inspector (and substitute) from names proposed by the Partido Democrata, with costs against the Board. The Municipal Board appealed. The parties stipulated many facts (including vote totals in the 1922 general election and the 1923 special senatorial election); hearings developed conflicting views about whether the 1923 special election or the 1922 general election should govern allocation and whether the 1923 winner, Ramon J. Fernandez, who declared himself then “independent,” could have his votes credited to the coalition that supported him (later consolidated into the Partido Nacionalista Consolidado).
The Municipal Board’s appeal reached the Supreme Court (appeal from the judgment of the trial court). The...(Pro-only)
Issues:
- Does the phrase "the next preceding election" in Administrative Code, section 417, as amended by Act No. 3210, include a special election as well as a general election for purposes of allocating party representation on election boards?
- Can the votes cast for a candidate who filed a certificate of candidacy declaring that he "does not belong at present to any political party" be credited to a political party (or to a later successor party) that in practice supported and effectively nominated him?
- Must poll clerks be appointed from the majority party, or is their appointment disc...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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