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PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. 8069. October 7, 1912. ]

FELIPE TOPACIO, Petitioner, v. ISIDRO PAREDES, judge of First Instance, ET AL., Respondents.

Ramon Diokno, for Petitioner.

Mercado, Adriatico & Tirona and J. E. Blanco, for Respondents.

SYLLABUS


1. ELECTION LAW; ELECTION CONTESTS. — The jurisdiction of Courts of First Instance under section 27 of the Election Law to try contested election cases, being special, is strictly confined within the provisions of the statute. Such courts can take no additional power from their general jurisdiction in other matters.

2. ID.; ID.; ID.; SECTION 27. — Section 27, providing, as it does, for proceedings summary in the highest degree, must be strictly construed and must be exactly followed by those who act under or in pursuance of the powers therein conferred.

3. ID.; ID.; ID.; SPECIAL TRIBUNALS. — The subject matter of the jurisdiction conferred by section 27 is confined to those matters which may be decided by an inspection of the registry list and of the ballots, and their res gestae. (Castro v. Wislizenus, 12 Phil. Rep., 468.)

4. ID.; ID.; ID. ELIGIBILITY OF CANDIDATES. — The special tribunals created by section 27 for the hearing of election contests have no jurisdiction over the eligibility of a candidate elect to hold office.

5. ID.; ID.; ID.; ADMINISTRATIVE REMEDIES. — By section 12 and its amendments, power is given to the Governor-General and the municipal councils, respectively, to declare candidates elect ineligible to hold elective provincial and municipal offices. By the same section, the Governor-General may summarily remove any ineligible person holding such office. Complete administrative remedies therefore exist for the removal of ineligible officers, both before and after induction into office.


D E C I S I O N


TRENT, J.:


This is an original action instituted in this court wherein the petitioner prays that a writ of certiorari issue to the judge of the Court of First Instance of the Province of Cavite, directing him to certify to this court a transcript of the record of the proceedings had in that court on a certain election contest, hereinafter set forth.

In answer to the order to show cause why the writ should not issue, respondents allege that the allegations in the petition do not constitute a cause of action for the reason that the respondent judge had jurisdiction to determine all the question involved in the election contest which forms the basis of this action. The case has been well presented by able counsel on both sides, and the court is fully advised upon the issues involved.

The petitioner alleges that the respondent judge exceeded his jurisdiction in the course of that election contest in that he declared that no one had been legally elected president of the municipality of Imus at the general election held in that town on June 4, 1912, and the petitioner prays that the judgment thus rendered and all subsequent proceedings based thereon be declared null and void for lack of jurisdiction. A copy of all of the proceedings which are necessary for a clear understanding of the questions presented is attached to the petition and forms a part thereof.

The admitted facts are these: On June 4, 1912, a general election was held in the town of Imus, Province of Cavite, to fill the office of municipal president. The petitioner, Felipe Topacio, and the respondent, Maximo Abad, were opposing candidates for that office. Topacio received 430 votes, and Abad 281. Abad contested the election upon the sole ground that Topasio was ineligible in that he was reelected the second time to the office of municipal president on June 4, 1912, without the four years required by Act No. 2045 having intervened.

There is now no question and never has been about the correctness of the method of casting and counting the votes. The only question in this case which it is necessary for us to determine is whether or not the respondent judge had jurisdiction, under the provisions of section 27 of the Election Law, as amended by Act No. 2170, to declare that no one was legally elected president of Imus on June 4, 1912. In other words, have the Courts of First Instance jurisdiction, under the above provisions of law, to determine the eligibility of candidates for office? It is admitted by all that the contest under consideration was instituted in the Court of First Instance of Cavite under those provisions and that they only question raised or which could have been a raised by the pleadings in the proceedings in the court below was whether or not Topacio was eligible to be elected and to hold the office of municipal president. Section 27 of Act No. 1582 as originally enacted reads:jgc:chanrobles.com.ph

"SEC. 27. Election contests. — The Assembly shall be the judge of the elections, returns, and qualifications of its members. Contests in all elections for the determination of which provision has not been made otherwise shall be heard by the Court of First Instance having jurisdiction in the judicial district in which the election was held, upon motion by any candidate voted for at such election, which motion must be made within two weeks after the election, and such court shall have exclusive and final jurisdiction and shall forthwith cause the registry lists and all ballots used at such election to be brought before it and examined, and to appoint the necessary officers therefor and to fix their compensation, which shall be payable in the first instance out of the provincial treasury, and to issue its mandamus directed to the boards of canvassers to correct its canvass in accordance with the facts as found. If in any case the court shall determine that no person was lawfully elected it shall forthwith so certify to the Governor-General, who shall order a special election to fill the office or offices in question as hereinbefore provided.

"Before the court shall entertain any such motion the party making it shall give a bond in an amount to be fixed by the court with two sureties satisfactory to it, conditioned that he will pay all expenses and costs incident to such motion, or shall deposit cash in court in lieu of such bond. If the party paying such expenses and costs shall be successful they shall be taxed by the court and entered and be collectible as a judgment against the defeated party.

"All proceedings under this section shall be upon motion with notice of not to exceed twenty days to all candidates voted for and not upon pleadings or by action, and shall be heard and determined by the court in the judicial district in which the election was held regardless of whether said court be at the time holding a regular or stated term. In such proceedings the registry list as finally corrected by the board of inspectors shall be conclusive as to who was entitled to vote at such election.

"The clerk of the court in which any such contest is instituted shall give immediate notice of its institution and also of the determination thereof to the Executive Secretary."cralaw virtua1aw library

As amended by Act No. 2170, the same section provides:jgc:chanrobles.com.ph

"SEC. 27. Election contests. — The Assembly shall be the judge of the elections, returns, and qualifications of its members. The time for the filing of the contests, the notification thereof, and the expenses, costs and bonds shall be fixed by resolution of the Assembly which shall be effective until repealed. Contests in all elections for the determination of which provision has not been made otherwise shall be heard by the Court of First Instance having jurisdiction in the judicial district in which the election was held, upon motion by any candidate voted for at such election. The contest shall be filed with the court within two weeks after the election and shall be decided by the same as soon as possible after the hearing of the contest. Such court shall have exclusive and final jurisdiction except as hereinafter provided, and shall forthwith cause the registry lists and all ballots used at such election to be brought before it and examined, and to appoint the necessary officers therefor and to fix their compensation, which shall be payable in the first instance out of the provincial treasury, and to issue its mandamus directed to the board of canvassers to correct its canvass in accordance with the facts as found. If in any case the court shall determine that no person was lawfully elected it shall forthwith so certify to the Governor-General. who shall order a special election to fill the office or offices in question as hereinbefore provided: Provided, however, That an appeal may be taken to the Supreme Court, within ten days, from any final decision rendered by the Court of First Instance on contests of elections for provincial governors, for the review, amendment, repeal, or confirmation of such decision, and the procedure thereon shall be the same as in a criminal cause.

"Before the court shall entertain any such motion or admit an appeal, the party making the motion or filing the appeal shall give bond in an amount fixed by the court with two sureties satisfactory to it, conditioned that he will pay all expenses and costs incident to such motion or appeal, or shall deposit cash in court in lieu of such bond. If the part paying such expenses and costs shall be successful they shall be taxed by the court and entered and be collectible as a judgment against the defeated party.

"All proceedings under this section shall be upon motion with notice of not to exceed twenty days to all candidates voted for and not upon pleadings or by action, and shall be heard and determined by the court in the judicial district in which the election was held regardless of whether said court be at the time holding a regular or stated term. In such proceedings the registry list as finally corrected by the board of inspectors shall be conclusive as to who was entitled to vote at such election.

"The clerk of the court in which any such contest is instituted shall give immediate notice of its institution and also of the determination thereof to the Executive Secretary."cralaw virtua1aw library

It will be noted that the only changes made in the section as amended are (1) the admonition to the courts to decide the election contests as soon as possible, and (2) that the jurisdiction of Courts of First Instance is not now final and conclusive in such contests as to provincial governors. In all other essential respects, the section remains the same. Consequently, if the courts did not have jurisdiction under the original section to determine, in election contests, the question of the eligibility or legal qualifications of candidates, the amendment does not confer upon them that jurisdictional power. The construction placed upon the original section by this court is perfectly applicable to the new.

The method provided in the above-quoted section for the determination of election contests is purely a statutory one. The proceedings are not ordinary suits. The statute expressly declares that the "proceedings" shall not be "upon pleadings or by action." This statute was especially enacted to give the Courts of First Instance the power to try contested election cases and it defines the power of the court and the rules of procedure in the trial thereof. The statute prescribes a special mode of procedure and the court is compelled to conform to it. It provides a speedy remedy. It prescribes within what time the motion shall be filed and requires the court to decide the contest as speedily as possible, giving preference over all other cases, if practicable, and also defines to a great extent how the court shall reach its conclusions. These facts clearly show that the court is made a special tribunal to try contested election cases. The jurisdiction of such tribunals, although courts of general jurisdiction in all other matters, is strictly confined within the provisions of the statute creating them for this purpose.

"The court can take no additional power from its general jurisdiction. In the exercise of such special powers it is precisely limited to those plainly delegated. Nothing is to be presumed which is not expressly given." (Sutherland, Stat. Const.,
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