Santiago v. Ignacio

VILLA-REAL, J.:

This is an appeal taken by Hermogenes Santiago from the order of the Court of First Instance of Bulacan dismissing the motion of protest filed by him against Timoteo C. Ignacio, on the ground that said court lacks jurisdiction to try the same, sufficient facts not having been alleged to constitute a cause of protest, and denying the petition to amend presented by the protestant. In support of his appeal the appellant makes the following assignments of error as committed by the trial court in said order, to wit: 1. The trial court erred in disclaiming jurisdiction over this election contest.

2. The trial court erred in dismissing the motion of protest instead of proceeding with it, and ordering the introduction of evidence by both parties as well as the revision of the votes and ballot boxes. 3.

The trial court erred in not permitting the protestant to file an ammended motion of protest. The pertinent facts necessary for the solution of the question raised in this appeal are as follows: In the general elections held on June 5, 1928, the protestant Hermogenes Santiago and the protestee Timoteo C. Ignacio were duly registered candidates and voted for the office of Municipal president of Obando, Province of Bulacan, the former having obtained 765 votes, and the latter 792. Timoteo C. Ignacio having obtained a plurality of 27 votes over his opponent he was proclaimed elected to the presidency of Obando by the municipal board of canvassers of said municipality in its session of June 7, 1928.

Dissatisfied with his defeat, Hermogenes Santiago on June 18, 1928, filed the following motion of protest: Comes now the undersigned attorney in behalf of the protestant and respectfullly alleges: 1. That protestant and the protestee are of age and residents of the municipality of Obando, Province of Bulacan. 2.

That protestant and protestee are qualified electors of the municipality of Obando, Province of Bulacan, and are the only registered candidates voted for, having filed their proper certificates of candidacy for the office of municipal president of the municipality of Obando, Province of Bulacan, in the general elections held in said municipality on June 5, 1928. 3. That in its session held on June 7, 1928, the municipality board of canvassers of the municipality of Obando declared that the protestan obtained 765 votes and the respondent 792 votes, that is, a plurality of 27 votes in favor of the respondent, in accordance with the following table showing the votes of each of the two only registered candidates voted for the office of municipal president of the municipality of Obando: Polling Places Names of candidates 1 2 3 4 5 6 Total Timoteo C. Ignacio 63 220 96 149 119 145 792 Hermogenes Santiago 160 90 120 155 129 111 765 Diffence .............................................