Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. 30591 September 27, 1929
GENEROSO AVELLANOSA, contestant-appellee,
vs.
BERNARDO VEROY, contestee-appellant.
Jose Ma. Capili for appellant.
Celestino Chaves for appellee.
VILLAMOR, J.:
After the general elections held on June 6, 1928, the municipal board of canvassers of the municipality of Banganga, Province of Davao, proclaimed Bernardo Veroy elected to the office of municipal president with 329 votes, Generoso Avellanosa obtaining 257 votes and David Caobang 51 votes.
Generoso Avellanosa filed a protest with the Court of First Instance of Davao, alleging as his only ground that the contestee, Bernardo Veroy, has not filed his certificate of candidacy according to the law, and he was therefore ineligible, and the vote cast and adjudicated in his favor were null and void.
Veroy filed his answer, and after the trial of the case, the trial court rendered its decision declaring the contestee ineligible to the office of the municipal president for lack of a certificate of candidacy and declaring the contestant, Generoso Avellanosa, elected.
From this decision the contestee Bernardo Veroy appealed, alleging that the lower court erred in declaring the appellant ineligible for failure to file his certificate of candidacy in accordance with the Election Law.
The question presented by the contestant in his protest and the one now raised by the appellant in this appeal refers to the eligibility of Bernardo Veroy, who was proclaimed elected to the office of municipal president of Banganga, Province of Davao. This being the question submitted to this court in this appeal, it evidently refers to the case provided in section 408 of the Election Law, as amended by Act No. 3387, approved on December 3, 1927. Said section 408 provides:
SEC. 408. Proceedings against an ineligible person. — When an ineligible person is elected to a provincial or a municipal office, his right thereto must be challenged by any elector of the province or municipality concerned by instituting special proceedings in the nature of quo warranto before the Court of First Instance or before the Supreme Court within two weeks after the proclamation of his election. The case shall be tried in accordance with the usual procedure in quo warranto provided by law, and shall be decided by the court within thirty days after the finding of the complaint.
In accordance with said section 408 of the Election Law, as construed in the case of Yra vs, Abano (52 Phil., 380), appealed from is hereby reversed, without special pronouncement as to costs. So ordered.
Avanceña, C.J., Johnson, Street, Romualdez, and Villa-Real, JJ., concur.
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