GR L 4489; (February, 1908) (Digest)
FACTS:
At the general election held on November 5, 1907, for the provincial governor of Capiz, Ramon Hontiveros was a candidate and Antonio Habana was declared elected by a majority of 250 votes. Hontiveros filed an election protest with the Court of First Instance (CFI) of Capiz, presided over by Judge Jose C. Abreu, seeking to open and count the ballots from twenty-four election precincts. The CFI judge ordered eight of these boxes opened but refused to open the remaining ones, ruling that Hontiveros needed to present evidence of fraud or irregularity for each of those specific precincts.
On December 17, 1907, Hontiveros filed a motion in the CFI stating his inability to produce the required proof and moved for the dismissal of the proceedings. On December 21, 1907, the CFI granted this motion, dismissing the protest and declaring the proceedings terminated.
Subsequently, Hontiveros filed an original action of mandamus with the Supreme Court (G.R. No. L-4489) against Judge Jose C. Abreu and Antonio Habana, asking the Supreme Court to direct the CFI judge to proceed with the election contest. The defendants demurred to the complaint.
ISSUE:
Can a writ of mandamus be issued to compel a judge to proceed with an election contest that the petitioner himself requested to be dismissed and which had already been terminated by a final judgment?
RULING:
No. The Supreme Court, in its decision on February 25, 1908, ruled that Hontiveros had lost his right to have the question (regarding the opening of ballot boxes without prior proof of fraud) determined by the Supreme Court. The election proceeding in the CFI had been terminated and a final judgment entered, not due to the judge’s ruling on the ballot boxes, but upon Hontiveros’ own express request. Having himself moved for and secured the dismissal of his protest in the lower court, Hontiveros was not entitled to a writ of mandamus to compel that court to proceed with a case he had caused to be terminated. The demurrer was sustained, and Hontiveros was given ten days to file an amended complaint.