G.R. No. L-5780 - Cachola vs. Cordero

Section 177 of the Revised Election Code mandates that courts decide election protests for municipal offices within six months of their presentation.
The provision is deemed directory rather than mandatory, meaning it serves as a guideline rather than an absolute requirement.
The purpose of this provision is to ensure the swift resolution of election contests, reflecting the public interest in maintaining electoral integrity.

The court has the authority to dismiss an election protest that extends beyond the statutory period if either party is found to be acting in bad faith.
The law emphasizes the need for cooperation from both parties to expedite the resolution of election disputes.
Delays caused by factors beyond the control of the parties should not result in the dismissal of the case, as this would undermine the principles of due process and justice.

The petition was filed to compel the respondent Judge to dismiss the election protest due to a failure to decide within the six-month timeframe.
The court found that the delays in the case were not due to intentional tactics by either party but were justifiable.
The respondent Judge had postponed hearings for valid reasons, including requests from both parties and administrative orders from the Department of Justice.

The court noted that despite the ruling in a previous case (Querubin), the legislature has not amended the law to impose a strict duty on courts to dismiss cases not resolved within the specified period.
The directory nature of Section 177 allows for judicial discretion in determining whether to dismiss a case based on the circumstances surrounding the delay.
The law aims to balance the need for timely justice with the realities of court proceedings and the complexities involved in election conte...continue reading