GR L 1888; (March, 1948) (2) (Digest)
G.R. No. L-1888; March 23, 1948
BATO ALI, petitioner, vs. THE COURT OF FIRST INSTANCE OF LANAO and NATANCOP INDOL, respondents.
G.R. No. L-1889; March 23, 1948
ISMAEL MAROHON, petitioner, vs. THE COURT OF FIRST INSTANCE OF LANAO and MACAORAO BALINDONG, respondents.
FACTS
Two separate election protests were filed in the Court of First Instance of Lanao by Bato Ali and Ismael Marohon, who were candidates for municipal mayor in Dansalan and Malabang, respectively, in the November 11, 1947 elections. Each protestant alleged he was a candidate, that the municipal board of canvassers proclaimed the protestee as the winner with a specified number of votes, and that the protestant “placed second” with a lower number of votes. The protestees moved to dismiss, arguing the motions of protest failed to allege two jurisdictional facts: (1) that the protestant “was a candidate voted for,” and (2) that he “presented a certificate of candidacy.” The trial court denied the motions to dismiss, prompting the protestees to file these petitions for prohibition to prevent further proceedings.
ISSUE
Whether the allegations in the motions of protest are sufficient to confer jurisdiction upon the Court of First Instance as a court of special and limited jurisdiction in election contests.
RULING
Yes. The petitions are denied. The allegations, though not in precise statutory language, sufficiently establish the jurisdictional facts. The statement that the protestant “placed second” necessarily implies he was voted for. Furthermore, the allegation that he was a candidate and was credited with votes by the board of canvassers necessarily implies he filed a certificate of candidacy, as the board cannot adjudicate votes to one who has not filed such a certificate. The Court held that pleadings in election contests must be liberally construed to prevent the defeat of the people’s will by technical objections. The doctrine requiring jurisdictional facts to appear on the face of the proceedings (from Tengco v. Jocson) is satisfied when the essential facts can be gathered from the allegations, even if not recited in technical form.
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