Case Digest (G.R. No. 46191)
Facts:
Surtida et al. v. Lesaca, G.R. No. 46191, September 12, 1938, the Supreme Court En Banc, Abad Santos, J., writing for the Court.On December 15, 1937, petitioners Joaquin Surtida, Juan de la Riva, Alfonso Pantino, Eusebio Talion and Eduardo Gianan and respondent Ariston Sarmiento were proclaimed councilors-elect of Virac, Catanduanes, Province of Albay. On December 29, 1937, respondent Primo Panti mailed from Virac to the clerk of the Court of First Instance at Legaspi a motion of protest contesting the election of the petitioners and Sarmiento.
On December 31, 1937, Panti sent by telegraphic transfer the sum of P39 to cover docketing and sheriff’s fees. The clerk received both the mailed motion and the telegraphic remittance on January 4, 1938, and docketed the motion that same day. In due time the petitioners filed a demurrer to the motion of protest on the ground that the Court of First Instance of Albay lacked jurisdiction because the motion was not filed within two weeks from the proclamation, as required by the Election Law; the trial court overruled the demurrer on February 15, 1938.
Subsequently the petitioners moved for dismissal on May 23, 1938, again asserting lack of jurisdiction because the docketing fees were not sent until December 31 (i.e., two days after the motion was mailed on the last day of the statutory period); the trial court denied the motion. Petitioners then sought relief from the Supreme Court by a petition for a writ of certiorari, asking that all proceedings on the motion of protest be quashed for lack of jurisdiction.
The Supreme Court, Abad Santos, J., denied...(Subscriber-Only)
Issues:
- Whether the Court of First Instance of Albay had jurisdiction to entertain the motion of protest because the motion was filed (mailed) within the two‑week period prescribed by the Election Law.
- Whether the fact that docketing fees were sent by telegraphic transfer two days after mailing the motion (and received the same day as the motion) defeats the deemed filing by mail and s...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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