Case Summary (G.R. No. L-17786)
Background of the Case
Following the elections, Cabili was proclaimed as the elected city mayor, succeeding the incumbent Badelles. Subsequently, Badelles initiated legal proceedings in the Court of First Instance of Lanao del Norte under Election Case No. 288, claiming that Cabili was not a resident of the city for the required one-year duration before the election and, thus, questioned Cabili’s right to the office through a quo warranto action.
Legal Representation and Notifications
Badelles retained a law firm, San Juan, Africa and Benedieto, with Attorney Jose L. Africa as the senior counsel responsible for the case. For clarity in legal proceedings, Attorney Africa requested that all communications be sent to his office in Manila, which the court officially recognized. A trial ensued, and on December 19, 1959, the Court dismissed the petition.
Judgment and Appeal Process
The court's decision was mailed to Attorney Africa on December 24, 1959, and received on January 4, 1960. Notably, prior to this, on December 28, 1959, Badelles personally requested a copy of the decision, which was provided by the judge. However, Badelles did not sign a receipt for this copy. A telegram informing the law office of the decision's mailing was also sent and received by Attorney Africa on December 29, 1959.
On January 4, 1960, upon receiving the decision, Badelles sent a notice of appeal by registered mail. The following day, January 5, 1960, he filed a notice of appeal along with a cash appeal bond. However, Cabili’s counsel objected, asserting that the appeal was filed beyond the statutory five-day period, as prescribed by the Revised Election Code, and that the bond was insufficient.
Court Dismissals and Certification Petition
On February 15 and 19, 1960, the Court dismissed both appeals for exceeding the statutory limit. In response, a motion for reconsideration from Badelles' counsel was denied, prompting Badelles to file a petition for certiorari and mandamus with the Court of Appeals to set aside the dismissals and allow the appeal.
Court of Appeals Decision
The Court of Appeals ruled in favor of Badelles, deciding on September 30, 1960, that the service of the decision on Badelles directly did not constitute legal service as per the rules. The court determined that the official notification process, which should have taken place through the attorney of record, had not been duly followed. Thus, it ruled that the time period for Badelles’ appeal should start from January 4, 1960, when his counsel received the decision.
Supreme Court Review
The Supreme Court was tasked with reviewing the Court of App
...continue readingCase Syllabus (G.R. No. L-17786)
Case Overview
- The case is an appeal by certiorari from the decision of the Court of Appeals in CA-G.R. No. 27428-R.
- The central issue revolves around the appeal filed by Mariano Ll. Badelles against Camilo P. Cabili, who was elected as the City Mayor of Iligan City.
- The case was heard in the context of election law, particularly the validity of Cabili’s election based on residency requirements.
Background of the Case
- In the elections held on November 10, 1959, Camilo P. Cabili and Mariano Ll. Badelles were rival candidates for the position of city mayor in Iligan City.
- Cabili was declared the winner and took office, succeeding Badelles, who was the incumbent mayor.
- Badelles contested Cabili's right to hold office through Election Case No. 288, arguing that Cabili lacked the requisite residency in the city for at least one year prior to the election.
Proceedings in the Court of First Instance
- The petition for quo warranto was filed by Badelles’ legal counsel, the law firm of San Juan, Africa and Benedieto, led by Attorney Jose L. Africa.
- Attorney Africa requested that all pleadings and orders be served at their Manila office to avoid confusion.
- The lower court dismissed Badelles’ petition on December 19, 1959, and a copy of the decision was sent via registered air mail to the law firm, received on January 4, 1960.
- On December 28, 1959, Badelle