Case Summary (G.R. No. L-27535)
Facts of the Case
On May 30, 1966, Lomugdang filed a protest against Javier’s election results, claiming irregularities in the counting of ballots from Precinct No. 4. Javier subsequently filed his counter-protest, alleging errors across multiple precincts and noting that many ballots were burned due to legal compliance under the Revised Election Code after the 1965 elections. Tragically, Lomugdang died prior to the hearing, prompting Javier to move for dismissal of the protest. Alolod then filed a motion to intervene, asserting his right to the mayoral office should the protest be decided in favor of Lomugdang. The trial court allowed Alolod to intervene despite Javier’s objections.
Trial Court Proceedings
The trial court denied Javier’s motion to dismiss the protest following Lomugdang’s death, reaffirming that public interest dictates an election contest should continue regardless of a contestant's demise. On October 11, 1966, the court examined ballots from Precinct No. 4, determining a net advantage for Lomugdang. The court faced further complexities regarding evidence pertaining to the burned ballots in the counter-protested precincts, where Javier sought to introduce testimony from voters to support his claims, which involved significant numbers of precincts.
Legal Issues Presented on Appeal
Javier appealed the trial court's decisions, assigning four alleged errors: (1) refusal to dismiss the protest upon Lomugdang's death, (2) denial of the request to present evidence from voters on the counter-protest, (3) allowing Alolod to intervene, and (4) the declaration of Lomugdang as winner of the election.
Court's Rationale on Public Interest
The court ruled that the public interest in determining who legitimately holds elected office necessitates continuing the election contest despite Lomugdang’s death. It referred to established precedent confirming the right of a duly elected vice-mayor to intervene in such proceedings. The court held that this legislative intent under Section 7 of Republic Act 2264 granted Alolod a rightful stake.
Evaluation of Evidence Aliunde
Regarding the counter-protest, the court rejected the admission of evidence aliunde based on the argument that facilitating testimony from thousands of voters would effectively amount to conducting a new election—which would violate the secrecy and integrity of the elector
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Case Background
- Paterno Javier appeals a decision from the Court of First Instance of Antique regarding the election contest in Case No. 3-63.
- The case concerns the election for Municipal Mayor of Culasi, Antique, where Felix Lomugdang, now deceased, was declared to have received a plurality of votes.
- The Court declared Lomugdang the duly elected Mayor, with Pablo Pe Alolod, the elected Vice-Mayor, entitled to assume office due to Lomugdang's death.
Facts of the Case
- On May 17, 1966, the Municipal Board of Canvassers certified that Paterno Javier received 1,203 votes, while Felix Lomugdang received 1,150 votes in the November 12, 1963 elections.
- Lomugdang filed a protest against Javier's election on May 30, 1966, alleging errors and irregularities in Precinct No. 4, including improper adjudication of votes.
- Javier filed a counter-protest against multiple precincts, claiming similar irregularities and alleging that ballots, except those in Precinct No. 4, had been burned as per Section 157 of the Revised Election Code.
Key Developments
- Before the hearing began, Lomugdang died unexpectedly on July 18, 1966.
- Javier moved to dismiss the protest after Lomugdang's death; however, Vice-Mayor Pablo Pe Alolod sought to intervene, citing his entitlement to assume the mayoral office if Lomugdang prevailed in the protest.
- The trial court denied Javier's motion to dismiss and allowed Pe Alolod to intervene, leading to subsequent motions and hea