G.R. No. L-17026, December 18, 1920
COSME BIAGTAN, petitioner, vs. PEDRO ESTAYO and VICENTE NEPOMUCENO, as Judge of First Instance, respondents.

FACTS:
On June 20, 1919, Andres Garcia filed an election protest in the Court of First Instance of Pangasinan against Cosme Biagtan, who had been declared elected as municipal president of Mangaldan, Pangasinan. During the proceedings, Pedro Estayo, another candidate who received votes in the same election, filed a pleading of intervention, incorporating by reference the facts alleged in Garcia’s protest. The respondent Judge, Vicente Nepomuceno, decided the protest in favor of Estayo and ordered the municipal board of canvassers to correct its canvass accordingly. Cosme Biagtan filed the present petition, alleging that the judge committed an abuse of judicial power and excess of jurisdiction by declaring Estayo, who was neither the protestant nor the protestee, as the elected candidate.

ISSUE:
Whether a candidate who received votes in an election, but who was neither the protestant nor the protestee in an election protest, may be declared elected to the disputed office.

RULING:
Yes. The Supreme Court denied the petition. Under Section 479 of the Administrative Code, the Court of First Instance has exclusive and final jurisdiction to decide election contests and to order the board of canvassers to correct its canvass in accordance with the facts found by the court. Citing Manalo v. Sevilla, the Court held that a candidate who received votes and was duly notified of the protest becomes a party to the proceeding with all attendant rights, even without filing a formal intervention. Therefore, the trial court acted within its authority in declaring Estayo elected after the judicial recount showed he obtained the highest number of votes. The court’s order to correct the canvass was a proper exercise of its mandate under the law.