GR L 2036; (June, 1948) (Digest)
G.R. No. L-2036; June 30, 1948
PAULINO M. NICO, petitioner, vs. MANUEL BLANCO, Judge of First Instance of Iloilo, and JOSE F. MONSALE, respondents.
FACTS
Petitioner Paulino M. Nico was proclaimed mayor-elect of Miagao, Iloilo, in the November 1947 elections. Respondent Jose F. Monsale filed an election protest, claiming he actually received more votes but the ballots in his favor were fraudulently not counted. Nico moved to dismiss the protest, arguing the court lacked jurisdiction because Monsale was not a valid candidate. Nico presented a telegram from the Commission on Elections stating Monsale had withdrawn his candidacy on October 10, 1947, and could no longer be a candidate despite a subsequent attempt to withdraw that withdrawal. The trial judge, respondent Manuel Blanco, provisionally refused to dismiss, reserving judgment on the jurisdictional issue and ordering Nico to answer the protest. Nico then filed this petition for certiorari to enjoin further proceedings, alleging grave abuse of discretion.
ISSUE
Whether the trial judge committed grave abuse of discretion in provisionally refusing to dismiss the election protest and deferring a ruling on the jurisdictional issue.
RULING
No. The petition is denied. The trial judge did not commit grave abuse of discretion. Under the Rules of Court (Rule 8, Section 2), a judge may defer action on a motion to dismiss if the ground alleged is not indubitable. The jurisdictional issue raised—regarding the effect of Monsale’s withdrawal and subsequent attempted withdrawal of his candidacy—is not clear-cut, as evidenced by the lack of unanimity among the Court members. The proper remedy for Nico is to raise the jurisdictional question on appeal from any adverse final decision. The Court also notes, in a concurring opinion, substantive grounds supporting the denial, emphasizing that election laws are generally directory after the election and the will of the electorate should prevail.
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