Title
Santiago vs. Atienza
Case
G.R. No. 46375
Decision Date
Nov 2, 1938
Geronimo Santiago, president of Partido Socialista, contested the grant of a third election inspector to Alianza Democratica, claiming violation of Section 72 of Commonwealth Act No. 357. The Supreme Court denied the petition, ruling that the Partido Socialista lacked a clear legal right as it fielded no candidate in the North District of Manila.
A

Case Digest (G.R. No. 198531)

Facts:

# Background of the Parties

  • The petitioner, Geronimo Santiago, is the president of the Partido Socialista, a political group organized on June 20, 1935.
  • The respondents are Hermenegildo Atienza, president of the municipal board of the City of Manila, and Manuel de la Fuente, president of the seceding Partido Democrata.

# Election History

  • In the September 17, 1935, election in Manila, Segundo Agustin, the official candidate of the Partido Socialista, secured third place.
  • The first and second places were won by candidates from the fused party of Nacionalista Pros and Antis and Democrata Pros and Antis.
  • Manuel de la Fuente formed a separate political organization of seceding democratas.

# Dispute Over Election Inspectors

  • On September 19, 1938, the third election inspector, which should have been granted to the Partido Socialista, was instead granted to the organization led by Manuel de la Fuente.
  • The petitioner claims this action violates Section 72 of Commonwealth Act No. 357, which prohibits granting inspectors to seceding factions.

# Respondents' Defense

  • Manuel de la Fuente argues that the third inspector was granted to the Alianza Democratica, an alliance of the Radical, Frente Popular, and Democrata parties.
  • He asserts that the Partido Radical, a component of the Alianza Democratica, is the oldest opposition party in Manila, while the Partido Socialista was organized only in 1935.
  • Hermenegildo Atienza denies granting the inspector to De la Fuente’s party, stating it was granted to the Alianza Democrata-Radical in compliance with the Electoral Code.

# Key Admission

  • The petitioner admits that the Partido Socialista does not have a candidate in the North District of Manila for the upcoming November election.

Issues:

  • Whether the Partido Socialista is entitled to the third election inspector in the North District of Manila.
  • Whether the grant of the third inspector to the Alianza Democratica violates Section 72 of Commonwealth Act No. 357.
  • Whether the petitioner has a clear legal right to the writ of mandamus.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

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