Case Summary (G.R. No. L-10998)

Background of the Case

• Parties Involved: Bernardino O. Almeda (Petitioner) vs. Fernando Silvosa and Hon. Modesto R. Ramolete (Respondents).
• Election Context: The case arose from the elections held on November 8, 1955, for the position of Provincial Governor of Surigao.
• Initial Outcome: Almeda was proclaimed as the duly elected Provincial Governor on November 25, 1955, and qualified for office on January 1, 1956.
• Protest Filed: Silvosa filed Election Protest No. 877 contesting Almeda's election on December 2, 1955.

Election Protest Procedure

• Filing of Protest: According to Section 174 of the Revised Election Code, a petition contesting the election must be filed within two weeks after the proclamation of results.
  • Key Requirement: The protest must refer strictly to one office and must be filed by a candidate who has presented a certificate of candidacy.
• Intervention in Other Protests: Silvosa intervened in two other election protests, which were allowed by the court despite Almeda’s objections.

Amendment of Protest

• Request for Amendment: During the trial of Election Protest No. 877, Silvosa sought to amend his protest to include six new precincts.
  • Court’s Admission: The court admitted this amended petition, prompting Almeda to file motions for reconsideration, which were denied.
• Legal Implication of Amendment: Amendments to the protest that change the grounds must be made within the statutory filing period.

Legal Principles Governing Amendments

• Jurisprudence on Amendments:
  • Amendments are allowed if they do not change the cause of action and must be made before the trial commences.
  • If new grounds are introduced, they must be filed within the legally prescribed period.
  • Late amendments that introduce new precincts can surprise the contestee and disadvantage them.
• Relevant Cases Cited:
  • Orencia vs. Araneta Diaz, 47 Phil., 830
  • Fernando et al. vs. Constantino, G.K. No. 46099

Court's Conclusion

• Decision: The Supreme Court granted the petition for certiorari, ruling that the lower court exceeded its jurisdiction by admitting the amended protest containing six new precincts.
• Permanent Injunction: A preliminary injunction issued by the Supreme Court was made permanent against the admission of the amended petition.

Key Takeaways

• The election protest must be filed within two weeks post...continue reading

Case Syllabus (G.R. No. L-10998)

Background of the Case

• The case arose from the elections held on November 8, 1955, where Bernardino O. Almeda and Fernando Silvosa were both candidates for the position of Provincial Governor of Surigao.
• On November 25, 1955, the Provincial Board of Canvassers proclaimed Bernardino O. Almeda as the duly elected Provincial Governor, who subsequently qualified for the position on January 1, 1956.
• On December 2, 1955, Fernando Silvosa filed Election Protest No. 877 in the Court of First Instance of Surigao, presided over by Hon. Modesto R. Ramolete, contesting Almeda's election.

Proceedings in the Court of First Instance

• Following the filing of the protest, Almeda responded and later submitted a second amended answer along with a counter-protest.
• Concurrently, other candidates, Artemio Laurente and Victor Risma, filed their own election protests in the same court.
• Silvosa requested to intervene in these other protests, which the Court granted, allowing him to participate in the revision of ballots despite Almeda's objections.
• The other election protests (Nos. 872 and 873) were dismissed on March 12, 1956.

Amendment and Controversy

• On the first day of the trial for Election Protest No. 877, Silvosa sought to amend his protest by adding six new precincts: 19, 20, 22-23, and 23-A of Tago, and ...continue reading