EN BANC
[G.R. No. L-10654. September 23, 1958. ]
RAMON C. ROSALES, ET AL., Protestants-Appellants, v. MATEO V. TUPAZ, ET AL., protestees-appellees.
Marcos M. Calo, Francisco Ro. Cupin and Tranquilino O. Calo, Jr. for Appellants.
Apolonio D. Curato, Roque V. Andaya and Ismael B. Sanchez for Appellees.
SYLLABUS
1. ELECTIONS; PROTEST; DISMISSAL,; LACK OF CAUSE OF ACTION. — The original protest was erroneously dismissed, because the allegations of sub-paragraph (i) in relation to those of the preceding sub-paragraphs of paragraph 4 are to the effect that were it not for the irregularities, frauds, errors and violations of the Election Law enumerated in said allegations, the results of the election would have been different.
2. ID.; ID.; AMENDMENT. — As the amended protest was filed when there was yet no trial and within a reasonable period, and the amendments consisted merely of clarifications of the allegations of the original protest, it was erroneously dismissed.
2. ID.; ID.; AMENDMENT. — As the amended protest was filed when there was yet no trial and within a reasonable period, and the amendments consisted merely of clarifications of the allegations of the original protest, it was erroneously dismissed.
D E C I S I O N
PARAS, J.:
In the general elections held on November 8, 1955, Mateo V. T
