Case Summary (G.R. No. L-19344)
Procedural History
Following the declaration of the election results, Pajarillo lodged an election protest on December 4, 1959, to which Asis responded with a counter-protest on December 21, 1959. Hearings for the case began on July 6, 1960, and were attended by the presiding judge until July 27, 1960. On July 29, 1960, the court appointed Basilio Zantua, Deputy Clerk of Court, as commissioner to receive evidence, stating it was necessary due to the substantial number of ballots—199 boxes totaling approximately 4,000 ballots—implicated in the case, implying that the judge’s ability to handle ordinary cases would be hampered.
Legal Justifications for Commissioner Appointment
The court asserted that appointing a commissioner was not only permissible under the Rules of Court but also necessary given the complexities of the election case. The court’s orders delineated that the commissioner’s role was confined to receiving evidence of disputed ballots and not to conducting a full trial or hearing parol evidence. The court referenced past practices where commissioners were appointed in similarly complex election cases and noted that Section 175 of the Revised Election Code allows the court to appoint officers as deemed necessary for the preparation and examination of ballots.
Petition for Certiorari and Prohibition
Asis challenged the appointment of the commissioner through a petition for certiorari and prohibition, arguing that the Rules of Court allow for such an appointment only with the parties' consent or under specific circumstances not applicable to the case at hand. He claimed that the respondent judge's actions would cause him grave and irreparable injury, particularly citing incidents indicating a lack of respect for court procedures by Pajarillo’s counsel.
Responses from Respondents
In response, Pajarillo contended that he did not request the appointment of a commissioner and preferred a direct hearing in front of the judge. Nonetheless, he contended that the appointment could serve the interests of justice and support a speedy resolution, pointing to the analogous nature of the hearing process and arguing that the election law does not explicitly prohibit such appointments.
Court's Analysis and Ruling
The court analyzed the legitimacy of appointing a commissioner within the context of election case procedures. It reinforced that while election contest proceedings aim to expedite resolutions due to pressing public interests, there remains a necess
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Case Background
- The case arises from the general elections held on November 10, 1959, where Dominador S. Asis was proclaimed as the Provincial Governor-elect of Camarines Norte by the Provincial Board of Canvassers with a plurality of 59 votes over his closest rival, Fernando V. Pajarillo.
- Following the election, on December 4, 1959, Pajarillo filed an election protest contesting Asis's election.
- Asis responded with an answer and counter-protest on December 21, 1959.
Proceedings and Hearing Schedule
- The respondent Judge scheduled the hearing for the election protest for July 6, 1960, during which hearings continued until July 27, 1960.
- On July 29, 1960, the respondent court appointed Deputy Clerk of Court Basilio Zantua as a commissioner to receive evidence in the case.
- The court's order specified that the hearings would commence daily beginning August 15, 1960, at 2:00 PM.
Petitioner’s Arguments
- Petitioner Asis filed a petition for reconsideration, arguing that the Election Law and Rules of Court do not authorize appointing a commissioner for evidence reception.
- He contended that all election protests should be handled directly by the