Case Summary (G.R. No. 131803)
Key Dates
The decision was rendered on June 28, 1974, with the original election protest initiated following the November 8, 1971 elections.
Applicable Law
The applicable law includes provisions from the 1973 Constitution, specifically Article XVII, sections 8 and 9, as these were relevant to the jurisdiction of the courts and the continuity of terms for elected officials.
Case Background
The protest filed by Nunez challenges the results of the mayoral election, citing allegations of fraud, irregularities, and corrupt practices. The respondent court previously granted a motion for dismissal of the protest, claiming that it became moot and academic due to the death of Morales, citing the authority of the President under General Order No. 3 and relevant constitutional provisions.
Court's Rationale
The Supreme Court set aside the dismissal order of the respondent court, declaring it a "clear error." The Court emphasized that the right of officials to their positions should be contingent upon being duly elected, and not merely granted indefinitely under constitutional provisions. This decision aligns with the Court's previous verdicts emphasizing election integrity and the need to adjudicate cases arising from alleged electoral fraud or irregularities.
Jurisdiction of Courts
The ruling reiterated the continuing jurisdiction of courts of first instance to hear and determine election protests. It underscored that existing laws, particularly Section 220 of the Election Code of 1971, remained operative under the 1973 Constitution, and that the Constitution intended for courts to maintain their jurisdiction in such matters until explicitly amended or repealed.
Conclusion and Directives
The Supreme Court d
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Case Overview
- The case involves an election protest filed by Constantino A. Nunez against the election results of the November 8, 1971 mayoralty elections in Tarnate, Cavite.
- The original protestee was Edgardo Morales, who was proclaimed mayor-elect but was killed on February 15, 1974, leading to Rodolfo De Leon, the then vice-mayor, substituting as the respondent.
- The protest is based on allegations of fraud, irregularities, and corrupt practices during the election.
Procedural Background
- The respondent court issued an order on January 31, 1974, dismissing the election protest on grounds of lack of jurisdiction due to the case being deemed moot and academic.
- The dismissal was justified by citing the President's authority under General Order No. 3 and Article XVII, Section 9 of the 1973 Constitution, which allows the removal of incumbent officials.
- Nunez timely filed an appeal against this dismissal.
Supreme Court's Ruling
- The Supreme Court set aside the respondent court’s order