EN BANC
[G.R. No. 46133. November 29, 1938. ]
PLACIDO ROSAL, Petitioner, v. DIONISIO FORONDA, ANTONIO ORDAS, and FUNDADOR VARILLA, Respondents.
Placido Rosal in his own behalf.
Carag, Singson, De Leon & Alonso, for respondent Foronda.
No appearance, for other respondents.
SYLLABUS
1. ELECTIONS; PROMPT DISPATCH OF ELECTION CONTESTS. — The trial court was justified and it did not exceed the exercise of the discretion conferred upon it by law when it proceeded with the trial and prompt disposal of the case because section 479 of the Revised Administrative Code, as amended by Act No. 3834, which was then in force, provides that election protests must be terminated and decided within one year from the filing thereof (Portillo v. Salvani, 54 Phil., 543).
2. ID.; ID. — According to section 154 of the Revised Administrative Code, as amended by section 2 of the Commonwealth Act No. 145, the judge which took cognizance of said protest had his permanent residence in the Province of Cagayan, the capital of which is Tuguegarao. Section 161 of said Code, as amended by section 4 of Act No. 145, provides that the Court of First Instance of Cagayan shall hold sessions in Aparri yearly on the first Tuesday of January. Except during this period the court shall divide its time for holding sessions between the other places fixed by law, including the capital of the province. Had the court postponed the trial of February 15th for the purpose of holding it in Aparri on March 22, 1938, it would have disregarded the law and employed part of its time for holding sessions in the capital and in the municipalities of Abulog and Tuao. This was undoubtedly the other reason which the trial court took into consideration in denying the postponement of the trial and holding the same in Aparri.
3. ID.; ID. — In election cases the parties and their attorneys should co
2. ID.; ID. — According to section 154 of the Revised Administrative Code, as amended by section 2 of the Commonwealth Act No. 145, the judge which took cognizance of said protest had his permanent residence in the Province of Cagayan, the capital of which is Tuguegarao. Section 161 of said Code, as amended by section 4 of Act No. 145, provides that the Court of First Instance of Cagayan shall hold sessions in Aparri yearly on the first Tuesday of January. Except during this period the court shall divide its time for holding sessions between the other places fixed by law, including the capital of the province. Had the court postponed the trial of February 15th for the purpose of holding it in Aparri on March 22, 1938, it would have disregarded the law and employed part of its time for holding sessions in the capital and in the municipalities of Abulog and Tuao. This was undoubtedly the other reason which the trial court took into consideration in denying the postponement of the trial and holding the same in Aparri.
3. ID.; ID. — In election cases the parties and their attorneys should co
