Case Digest (G.R. No. 255889)
Facts:
Claro R. Robles v. Hon. Vicente del Rosario, G.R. No. L-10918, February 15, 1957, the Supreme Court En Banc, Reyes, J., writing for the Court.Petitioner Claro R. Robles and respondent Leon Guinto, Sr. were opposing candidates for Governor of Quezon in the November 1955 elections; Guinto was proclaimed elected on December 5, 1955. Robles filed an election contest in the Court of First Instance of Quezon on December 12, 1955. Guinto filed an answer and a counter-protest on December 16, 1955, and amended that counter-protest on December 27, 1955; neither the original nor the amended counter-protest mentioned Precinct No. 1‑A of Guinayangan.
The trial court set the case for hearing and on January 20, 1956 ordered the production of ballot boxes and election documents corresponding to the precincts specified in the pleadings. Revision of ballots in those precincts began on February 2, 1956. On June 1, 1956—approximately six months after the contest began—Guinto petitioned the trial court for leave to amend his counter-protest to add Precinct No. 1‑A of Guinayangan. The trial court initially denied the motion after Robles’ objection, but on July 6, 1956 it reconsidered, overruled Robles’ objections, authorized the amendment, and ordered production and recount of the ballot boxes for Precinct 1‑A.
Robles sought relief from this order by petitioning the Supreme Court for a writ of certiorari alleging grave abuse of discretion by the trial court. The Court issued an injunction on July 16, 1956, stayed the trial court...(Subscriber-Only)
Issues:
- Did the trial court commit grave abuse of discretion in permitting respondent Leon Guinto, Sr. to amend his counter-protest to include Precinct No. 1‑A of Guinayangan beyond the time allowed for filing such pleadings?
- If the amendment was untimely, could the trial court nonetheless rely on Section 175 of the Election Code to order production and recount of ballots n...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
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Doctrine:
- (Subscriber-Only)