Case Summary (G.R. No. L-1679)
Applicable Law
The relevant statutory provisions are sections 62, 63, and 66 of the Revised Election Code (Republic Act No. 180). Section 62 mandates that polling places be designated centrally in each election precinct at least seventy days before elections. Section 63 provides conditions under which polling places may be located in the poblacion, including a petition by the majority of voters, an agreement among political parties, or a municipal council resolution for subsequent elections. Section 66 prohibits changes to polling place locations until the next regular election unless ordered by competent authority.
Facts of the Case
The municipal councils of numerous municipalities decided to transfer polling places from the barrios to the poblacion due to alleged abnormal conditions concerning peace and order. This decision occurred despite objections from Dr. Cortez, leading him to file a petition for review. The Commission on Elections approved the transfer without adhering to the statutory procedures outlined in the Election Code, which Dr. Cortez contended was illegal.
Legal Analysis of the Commission's Decision
The court concluded that the alterations made to polling place locations violated section 63 of the Revised Election Code, as none of the established exceptions applied. The court found that the only authorized methods for transferring a polling place involved either the petition of the majority of voters or an agreement by all political parties. It emphasized that the Commission on Elections cannot produce new exceptions and must act in accordance with existing laws.
Court's Ruling
The court granted the petition by Dr. Cortez, asserting that the municipal councils’ actions, backed by the Commission on Elections, were illegal and contravened the provisions of the Election Code. Thus, the decisions made by the Commission were reversed, and both prohibitory and mandatory injunctions were issued, requiring the restoration of polling places to their original barrio locations and reaffirming that such changes could not be made without the prescribed legal procedures.
Dissenting Opinion
A dissenting opinion expressed concerns over affirming the Commission's decision. The dissent argued that the conditions affecting public safety justified the actions taken by the Commission, emphasizing that a significant number of barrio residents had evacuat
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Case Overview
- Petitioner: Emilio P. Cortez, candidate for Provincial Governor of Pampanga.
- Respondents: The Commission on Elections and the municipal councils of Bacolor, Candaba, Arayat, Sta. Ana, San Luis, San Simon, Apalit, Sexmoan, Macabebe, Minalin, Mexico, and Lubao.
- Date of Decision: October 16, 1947.
- G.R. No.: L-1679.
- Legal Context: The case revolves around the transfer of polling places from barangays (barrio precincts) to the poblacion (town center) during the elections, purportedly due to abnormal conditions of peace and order.
Background of the Case
- A plebiscite was held in March 1947, during which polling places were transferred by municipal councils to the poblacion.
- The Commission on Elections approved these transfers despite Cortez's objections, leading to his petition for review.
- The relevant provisions of law cited include sections 62, 63, and 66 of the Revised Election Code (Republic Act No. 180).
Legal Provisions
- Section 62: Mandates the designation of polling places at least seventy days prior to elections.
- Section 63: Specifies polling places should be centrally located concerning the voters' residences, with exceptions allowing for location in the poblacion under certain conditions.
- Exceptions include:
- Majority voter petit
- Exceptions include: