Case Digest (G.R. No. L-22610)
Facts:
Primitivo P. Quiem v. Jesus Serina et al., G.R. No. L-22610, June 30, 1966, Supreme Court En Banc, Sanchez, J., writing for the Court. Petitioner Primitivo P. Quiem and respondent Anastacio Abas were candidates for City Secretary at the inaugural session of the Municipal Board of Cagayan de Oro City on January 2, 1964. The Board conducted a secret ballot: three councilors voted for Quiem, three for Abas, and one councilor cast a blank ballot. Vice‑Mayor Jesus Serina, presiding officer of the Board, then cast his ballot for Quiem; Quiem took his oath before the Vice‑Mayor that day and again before Judge Agustin Antillon on January 3.Respondent Abas protested Quiem’s election; Mayor Justinian R. Borja declined to recognize Quiem. The Board attempted to resolve the protest in meetings of January 7 and January 9 and scheduled another session for January 10. On the morning of January 10 Quiem filed in the Court of First Instance of Misamis Oriental (Case No. 2297) a petition for prohibition with a prayer for preliminary injunction to restrain respondents from conducting another balloting until the legality of his election was determined. The trial court issued a preliminary injunction on bond that same day.
Respondents answered, asserting Quiem had failed to obtain the requisite number of votes (i.e., there was a failure of election). The Board designated an Acting Secretary on January 14. The trial court set trial for January 30. On January 22 Abas moved to dissolve the injunction; Quiem opposed. After a preliminary hearing on January 30 the trial court dissolved the injunction and dismissed the petition. Quiem sought relief in the Supreme Court by certiorari on February 10, 1964, but that petition was dismissed on February 11 as appeal was the proper remedy. Quiem filed a notice of appeal to the Court of First Instance’s order on February 12, which was given due course by the trial court on February 13.
Meanwhile, on February 24 the Board again balloted; Abas received five votes, was declared elected, and thereafter served as City Secretary. Qui...(Subscriber-Only)
Issues:
- Was Quiem denied due process by the trial court when his preliminary injunction was dissolved after a summary hearing?
- Is the Vice‑Mayor of Cagayan de Oro City a member of the Municipal Board and thus entitled to vote in the election of the city secretary?
- Does a blank (abstention) ballot cast in a contested election count for one candidate (here, to give Quiem the required majority), and, relatedly, did Quiem obtain the required majority to be duly elect...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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