Case Digest (G.R. No. L-2302)
Facts:
Isaias Ycain v. Pablo Caneja, G.R. No. L-2302, October 25, 1948, Supreme Court En Banc, Pablo, J., writing for the Court.
This is an appeal from an order of the Juzgado de Primera Instancia de Leyte that dismissed an electoral protest.
In chronological sequence: Brigido Caneja and Isaias Ycain each filed certificates of candidacy for mayor of Naval, Leyte, within the statutory filing period. Subsequently, Brigido Caneja applied to be registered as an elector but the Board of Inspectors denied his registration for lack of six months' residence; that denial was later affirmed by the Juzgado de Primera Instancia of Leyte on October 24, 1947.
On November 4, 1947, Pablo Caneja tendered his certificate of candidacy, but the Municipal Secretary refused to give it course because it was filed after the statutory deadline. On November 7, 1947, Brigido sent a communication to the Municipal Secretary informing that he had withdrawn his certificate of candidacy. On November 9, 1947, the Commission on Elections sent a telegram to the Provincial Fiscal of Leyte requesting that the Municipal Secretary be directed to give due course to Pablo Caneja’s certificate; acting pursuant to that telegram the Municipal Secretary later gave course to Pablo’s certificate.
The Municipal Board of Canvassers proclaimed Pablo Caneja elected mayor on December 27, 1947. On January 3, 1948, Isaias Ycain filed an electoral protest, which, after trial, the Juzgado de Primera Instancia dismissed (sobreseimiento). Ycain appealed the dismissal to the Supreme Court.
The appeal reached the Supreme Court by way of appeal from the decision of the trial court. The record contains the parties’...(Subscriber-Only)
Issues:
- Did the trial court err in dismissing the electoral protest by holding that the votes cast for Pablo Caneja were valid despite the late filing of his certificate of candidacy?
- When, if ever, may a certificate of candidacy be filed after the statutory deadline — does voluntary withdrawal of a previously registered candidate permit substitut...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)