Case Digest (G.R. No. L-2831)
Facts:
Bernardo Torres v. Mamerto S. Ribo, G.R. No. L-2831, May 20, 1949, the Supreme Court, Ozaeta, J., writing for the Court. Bernardo Torres was the protestant (and appellee) and Mamerto S. Ribo was the protestee (and appellant) in an election protest arising from the November 11, 1947 gubernatorial race in Leyte.In the 1947 general elections Ribo was proclaimed elected and Torres filed an election protest. The protestee was served with summons on December 12, 1947. On December 15, 1947 Ribo filed a motion to dismiss the protest. The trial court denied the motion to dismiss and, by an order the protestee received on January 6, 1948, gave him five days within which to file his answer. On January 7, 1948 Ribo moved for reconsideration of the denial; the trial court granted reconsideration and then dismissed the protest.
Torres appealed the dismissal to the Supreme Court, which on May 21, 1948 reversed the trial court's dismissal; the protestee received a copy of that decision on May 24, 1948. Before the decision became formally entered as final, on May 29, 1948 the protestee filed his answer and a counterprotest. The protestant moved in the trial court to strike the answer and counterprotest as filed out of time; the trial court granted the motion and struck them out.
Ribo appealed the trial court's order striking his answer and counterpro...(Pro-only)
Issues:
- Does a bona fide motion to dismiss an election protest suspend the five-day period for the protestee to file his answer and counterprotest under Section 176 of the Revised Election Code?
- If suspension is recognized, were the protestee's answer and counterprotest filed within th...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)