GR L 2167; (May, 1948) (Digest)
G.R. No. L-2167; May 17, 1948
HOSPICIO A. PACAL, petitioner, vs. The Honorable F. RAMOS, Judge of Court of First Instance of Mindoro, and AGATON N. COSUCO, respondents.
FACTS
Respondent Agaton N. Cosuco was proclaimed mayor-elect of Mamburao, Mindoro, defeating petitioner Hospicio A. Pacal by 539 votes to 524 in the November 11, 1947 elections. Pacal filed an election protest on November 20, 1947, alleging two sets of grounds: (1) Cosuco’s ineligibility (non-Filipino citizenship, late filing of certificate of candidacy, and excessive campaign spending), and (2) election irregularities and frauds in three precincts that would have given Pacal a winning margin. Cosuco moved to dismiss, arguing that the ineligibility grounds constituted a quo warranto proceeding, which was filed beyond the one-week period prescribed by Section 173 of the Election Code from his November 14 proclamation. He also contended that a quo warranto proceeding and an election contest could not be jointly entertained. Pacal later moved to strike out the ineligibility allegations, except the one on excessive spending. The respondent judge dismissed the entire case, ruling that the protest improperly merged two distinct remedies and could no longer be amended to separate them.
ISSUE
Whether the respondent judge erred in dismissing the entire election protest due to the joinder of quo warranto and election contest grounds.
RULING
Yes. The Supreme Court set aside the dismissal order. The grounds for quo warranto (ineligibility) and election contest (irregularities) were separable and alleged in separate paragraphs. There is no legal bar to their separation. Both parties had suggested striking out the quo warranto allegations. When two independent actions are improperly joined, the court should order their separation, and the dismissal of one (if legally warranted) should not affect the other. The respondent judge was ordered to proceed without delay to try and decide the election protest on its merits. The decision was immediately executory.
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