Case Summary (G.R. No. 175210)
Petitioner and Respondent
Petitioner: Salvador Lacson, Jr.
Respondent: Ramon Posadas, Municipal Judge, Talisay, Negros Occidental
Key Dates
– Petitions for inclusion filed: October 14–19, 1971
– Investigation report issued: July 17, 1972
– Supreme Court resolution promulgated: July 30, 1976
Applicable Law and Constitutional Basis
Since the decision date falls before 1990, the 1973 Philippine Constitution guides the analysis. The primary statutory reference is Section 136 of the Election Code of 1971, which prescribes procedural requirements for applications to include or reinstate a voter’s name in the permanent list. Presidential Decree No. 433 (April 8, 1974) later granted general amnesty for certain election-law infractions.
Nature of the Complaint
Lacson charged Posadas with:
a. Ignorance of the law
b. Partiality
c. Violation of Section 136, Election Code of 1971
Findings of the Executive Judge
The Executive Judge found no factual basis for ignorance of law or partiality. He concluded, however, that Posadas failed to require petitioners to attach a certification from the relevant Board of Inspectors confirming refusal of registration and proper service of notice—a clear violation of Section 136.
Requirements under Section 136, Election Code of 1971
Section 136 mandates that a petitioner attach:
- A certification by the Election Registration Board or Board of Inspectors regarding the refusal of registration;
- Proof of service of the application and notice of hearing on a board member;
- Submission outside the blackout periods before regular or special elections.
Procedural Shortcomings and Hasty Proceedings
Posadas admitted reliance solely on petitioners’ testimonies and on notice served only on the Election Registration Board, omitting the Board of Inspectors’ certification. He reset inclusion hearings with insufficient notice—sometimes the morning after filing—precluding proper attendance by inspectors. This lack of procedural rigor allowed summary default orders for indiscriminate inclusion, many of which were later reversed on appeal.
Legal Principles on Voter Enrollment and Public Trust
Under prevailing constitutional and jurisprudential principles, the exercise of suffrage is a public trust. Enrollment or exclusion from the voter list affects not only individual rights but the integrity of the electoral process. Compliance with procedural safeguards is essential even in summary election cases to prevent abuses.
Impact of Amnesty under Presidentia
...continue readingCase Syllabus (G.R. No. 175210)
Facts of the Case
- Salvador Lacson, Jr. filed a verified complaint against Municipal Judge Ramon Posadas of Talisay, Negros Occidental.
- The complaint alleged (a) ignorance of the law, (b) partiality, and (c) violation of the Election Code of 1971.
- The case was referred to the Executive Judge for investigation, report, and recommendation.
- The central factual dispute concerned the handling of voter‐inclusion petitions filed in October 1971.
Procedural History
- Complaint filed and docketed as Adm. Matter No. 74-MJ.
- Investigating Judge Oscar R. submitted his report on July 17, 1972.
- Report addressed factual basis for each charge and recommended findings.
- Case elevated to the Supreme Court, Second Division, which promulgated its resolution on July 30, 1976.
Charges Against the Respondent
- Ignorance of the law.
- Partiality in judicial proceedings.
- Violation of Section 136 of the Election Code of 1971 (pertaining to procedures for voter‐inclusion applications).
Investigation and Findings by the Executive Judge
- Charges of ignorance of the law and partiality found to be without factual basis.
- Established that Judge Posadas failed to comply with Section 136’s requirements:
- No certificate from the precinct’s Board of Inspectors attached to inclusion petitions.
- Notice of hearing was given only on original dates, not on dates to which hearings were reset.
- Respondent believed notice to the Election Registration Board alone sufficed and testimony of petitioners could replace the req