Case Summary (G.R. No. 30705)

Jurisdictional Averments and Contestant's Eligibility

• The jurisdictional averments in an election contest do not require the contestant to explicitly state their eligibility for the office contested.
• Sufficient allegations regarding the contestant's status as a qualified elector and registered candidate imply eligibility.
• The trial court's ruling that the contestant's motion was adequate aligns with precedents set in previous cases.

Authority of Election Inspectors

• Election inspectors are mandated to count votes for candidates who have filed valid certificates of candidacy, regardless of their enrollment status as voters.
• The inspectors cannot disregard votes based on the assumption of a candidate's ineligibility due to lack of registration in the voter list.

Ineligibility as a Defense in Election Contests

• The ineligibility of a contestant cannot be used as a defense in an election contest, which focuses solely on the number of votes received.
• The eligibility of a candidate is a separate issue and not relevant to the contest proceedings.

Quo Warranto Proceedings and Proclamation

• A quo warranto proceeding is the appropriate legal avenue to challenge a candidate's eligibility, but it can only be initiated after the candidate has been proclaimed elected.
• The contestant in this case had not been proclaimed, making any challenge to eligibility premature.

Trial Court's Findings on Votes

• The trial court found that the contestant received 139 votes in a specific precinct, with 127 votes remaining unchallenged after recounting.
• The trial judge correctly ruled that these votes should be counted for the contestant, leading to a total plurality of 71 votes over the contestee.

Relevance of Residency and Eligibility

• The contestee's claims regarding the contestant's residency and eligibility were deemed irrelevant to the election contest.
• The trial court's decision to ignore such testimony was appropriate, as eligibility issues are not pertinent to the contest's focus on vote counts.

Changes in Law Regarding Ineligibility

• The legal framework surrounding the removal of ineligible officials has evolved, allowing for eligibility challenges to be addressed in separate judicial proceedings.
• The current law stipulates that such challenges must occur within two weeks of the election proclamation, reinforcing the notion that the contest is not the proper venue for these issues.

Implications of Accepting Ineligibility Defense

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Case Syllabus (G.R. No. 30705)

Case Background

• This case revolves around a contest for the office of president in the municipality of Cabalian, Leyte, following the general election held on June 5, 1928.
• Filomeno Garrido, the contestee, was initially proclaimed elected with a plurality of 27 votes over contestant Macario E. Caesar.
• A third candidate, Julian Cordobes, was also mentioned but did not participate in the contest.

Trial Court Proceedings

• The trial court reversed the board of canvassers' decision, declaring Macario E. Caesar the winner by a plurality of 71 votes.
• The judgment mandated Garrido to pay costs and expenses, including the fees of the commissioners.

Contestant's Qualifications

• The contest was initiated by a motion asserting that Caesar was a duly qualified elector and a registered candidate.
• Garrido's motion to dismiss the contest was based on the argument that Caesar had failed to allege his eligibility at the time of the election.
• The trial court overruled this motion, stating that the implication of Caesar being a qualified elector and registered candidate sufficed to establish eligibility.

Legal Precedents Cited

• The court referenced prior cases (Viola vs. Court of First Instance of Camarines Sur and Tabada vs. Zandueta and Vergara) to support the position that specific allegations regarding eligibility were unnecessary in an election contest.
• The case of Verceles v...continue reading