G.R. No. L-2143; October 12, 1948
LUIS C. TRINCHERA, petitioner-appellant, vs. CESARIO R. COLASITO, respondent-appellee.

FACTS

In the November 11, 1947 elections for mayor of Tolosa, Leyte, the Municipal Board of Canvassers initially proclaimed Luis C. Trinchera as the winner. Cesario R. Colasito filed a mandamus petition (Case No. 143) to correct alleged false election returns from Precinct No. 8. The court ordered a revision of the ballots from that precinct, which supported Colasito’s claim. Subsequently, on February 10, 1948, the Board of Canvassers, obeying a court order, proclaimed Colasito as the elected mayor with 1,030 votes against Trinchera’s 992. Trinchera then filed an election protest on February 23, 1948, alleging errors in the counting and adjudication of votes in Precincts Nos. 3, 6, and 7, which would change the result in his favor. Colasito moved to dismiss the protest, arguing the issues were already decided in the prior mandamus proceedings and related Supreme Court resolution (G.R. No. L-1887). The lower court dismissed Trinchera’s protest, prompting this appeal.

ISSUE

Whether the lower court erred in dismissing Trinchera’s election protest on the ground that the issues raised therein had been finally decided by the Supreme Court in its resolution in G.R. No. L-1887.

RULING

Yes. The Supreme Court set aside the order of dismissal. The resolution in G.R. No. L-1887 pertained only to the mandamus proceedings concerning Precinct No. 8 and the propriety of that remedy. It did not decide the factual questions raised in Trinchera’s protest regarding the counting of votes in Precincts Nos. 3, 6, and 7, nor the ultimate question of who rightfully won the election. Therefore, the lower court was ordered to proceed with the election protest on its merits. Costs were imposed on the appellee, Colasito.

AI Generated by Armztrong.