Case Summary (G.R. No. 91718)
Background of the Election Contest
The case centers on an election protest filed by Gil C. Gallardo against Franco F. Rimando, who won the municipal mayoralty of Naguilian, La Union, by a narrow margin of 12 votes in the local elections held on January 18, 1988. Following his proclamation on January 19, 1988, Rimando's victory was contested by Gallardo, who sought to annul Rimando's proclamation through a petition filed with the Commission on Elections (COMELEC) on January 22, 1988.
Proceedings and Dismissal of the Petition
Gallardo's petition to annul the election results was dismissed by the COMELEC on December 8, 1988. He then appealed this decision to the Supreme Court, which ultimately dismissed his petition for review on May 30, 1989. Following this, on June 30, 1989, Gallardo filed an election protest in the Regional Trial Court (RTC) against Rimando, designated as Case No. 4-Bg. However, Rimando moved to dismiss the protest, arguing that it was filed outside the ten-day period prescribed by the Omnibus Election Code.
Timeliness of the Election Protest
The RTC, presided over by Judge Avelino Quintos, initially denied Rimando's motion to dismiss the election protest. However, upon reconsideration, Judge Quintos later dismissed the protest, asserting that the COMELEC's decision in the pre-proclamation case had become final and executory. The critical legal question posed was whether Gallardo's election protest had been filed in a timely manner.
Legal Analysis and Decision
The Supreme Court found that Gallardo's protest was indeed timely. According to Section 251 of the Omnibus Election Code, an election contest must be filed within ten days after the proclamation of results, which in this case was January 19, 1988. Gallardo filed a pre-proclamation petition just two days after the proclamation, limiting the time available for his election protest to eight days due to the suspension of the filing period while the pre-proclamation case was pending.
Suspension of the Filing Period
The Court invoked Section 248 of the Omnibus Election Code, which states that filing a petition to annul or suspend a proclamation effectively suspends the running of the period for filing an election contest. This meant that the time to file the protest was not counting down during the duration of the pre-proclamation case, which remained pending until Gallardo received the Supreme Court’s dismissal of his appeal on June 23, 1989.
Supreme Court's Ruling
It was held that the ten-day period for Gallardo to file his election protest resumed only after the resolution of his appeal, allowing him to file on June 30, 1989—well within the deadline s
...continue readingCase Syllabus (G.R. No. 91718)
Case Background
- The case revolves around an election protest filed by Gil C. Gallardo against Franco F. Rimando, who were competing for the position of Municipal Mayor of Naguilian, La Union during the local elections on January 18, 1988.
- Franco F. Rimando was proclaimed the winner by a narrow margin of 12 votes on January 19, 1988.
- Subsequent to the proclamation, Gallardo filed a petition with the Commission on Elections (COMELEC) to annul the proclamation on January 22, 1988.
Chronology of Events
- January 19, 1988: Rimando is proclaimed the winner.
- January 22, 1988: Gallardo files a petition for annulment with the COMELEC.
- December 8, 1988: COMELEC dismisses Gallardo’s annulment petition.
- December 12, 1988: Gallardo appeals the decision to the Supreme Court (G.R. No. 85974).
- June 23, 1989: Gallardo receives the Supreme Court’s resolution dismissing his petition for review.
- June 30, 1989: Gallardo files an election protest in the Regional Trial Court, Bauang, La Union.
Legal Proceedings and Arguments
- Rimando filed a motion to dismiss Gallardo’s election protest, arguing it was filed beyond the ten-day limit set by Section 51 of the Omnibus Election Code.
- Judge Avelino Quintos initially denie