Case Summary (G.R. No. L-16822)

Legal Basis for Mandamus

• Mandamus is a legal remedy that compels a public official to perform a duty that is clearly defined by law.
• The petitioner must demonstrate a clear right to the relief sought and that the duty of the official is unequivocally mandated by law or their official position.
• In this case, the court found that there is no law requiring the Municipal Treasurer to provide certified copies of election results to any individual, including candidates.

Petitioner's Claims and Respondent's Defense

• The petitioner, Marcos Alido, sought certified copies of election results from the Municipal Treasurer, claiming these documents are public records.
• Alido argued that despite repeated requests, the Municipal Treasurer, Faustino Alar, refused to provide the documents.
• The respondent contended that the Revised Election Code does not impose a duty on the Municipal Treasurer to issue such certificates and that the responsibility lies with the Board of Inspectors at the precinct level.

Court's Analysis of the Mandamus Petition

• The court reviewed the pleadings and determined that the petitioner did not establish a legal basis for the issuance of the writ of mandamus.
• The court noted that being a candidate does not automatically grant the right to demand election results, especially in the absence of a stated purpose for the request.
• The court emphasized that no election protest was pending, and thus, the request for the documents was premature.

Purpose of Election Results Form

• The Commission on Elections Form No. 8 is intended for specific administrative purposes, primarily to assist the Municipal Treasurer in reporting election results to the Commission.
• The form is not designed for public distribution or for individual candidates to obtain certified copies upon request.
• The court highlighted that the form's primary function is to facilitate the collection of election data for public interest, not to serve as a document for individual scrutiny.

Implications of Allowing Mandamus

• Granting the writ of mandamus would impose an unreasonable burden on the Municipal Treasurer's office, as it would allow any resident to demand certified copies of election results from multiple precincts.
• The court reiterated that the right to access public information does not equate to an automatic entitlement to certified copies without a specific legal provision.
• The court concluded that the directive from the Commission on Elections did not intend to create such a right for individuals.

Alternative Remedies Available

• The court noted that the petitioner had oth...continue reading

Case Syllabus (G.R. No. L-16822)

Case Background

• The case involves a petition for Mandamus filed by Marcos Alido against Faustino Alar, the Municipal Treasurer of Borongan, Samar.
• The petition requested the issuance of certified copies of Election Results (specifically, Commission on Elections Form No. 8) corresponding to the last general elections held on November 10, 1959.
• Alido was a candidate for councilor in the aforementioned elections and sought the election results from the municipal treasurer.

Court Proceedings

• The Court of First Instance (CFI) of Samar ruled in favor of Alido, ordering the municipal treasurer to provide the requested copies within twenty-four hours.
• The decision included a directive to pay the costs associated with the petition.

Respondent’s Defense

• Faustino Alar, in his response, asserted that:
  • There is no provision in the Revised Election Code mandating the Municipal Treasurer to issue copies of election results to candidates.
  • The Commission on Elections Form No. 8 is intended for specific purposes and that only the Board of Inspectors in each precinct is authorized to issue certificates of votes upon request.

Peti...continue reading