G.R. No. 19378 ; September 22, 1922
FRANCISCO FERRER, petitioner, vs. EDUARDO GUTIERREZ DAVID, Judge of First Instance of the Twentieth Judicial District, and EUGENIO LOCOT, respondents.

FACTS

Petitioner Francisco Ferrer filed an action for certiorari and prohibition to challenge the jurisdiction of the Court of First Instance of Occidental Negros over an election protest filed by respondent Eugenio Lucot. Lucot contested the results of the municipal election for president of Escalante, Occidental Negros, held on June 6, 1922. The protest alleged that in precincts B and E, the chairmen of the boards of inspectors intentionally and maliciously read ballots for Lucot as votes for Ferrer, resulting in a false proclamation of Ferrer’s victory. Lucot also alleged that a qualified voter, Cornelio Durimon, was improperly denied the right to vote. Ferrer, as protestee, argued that the protest was fatally defective because it failed to allege that the municipal council of Escalante had convened and acted as a municipal board of canvassers as required by Section 477 of the Election Law.

ISSUE

Whether the Court of First Instance acquired jurisdiction over the election protest despite the protest’s failure to allege that the municipal council convened as a board of canvassers.

RULING

The Supreme Court dismissed the petition, upholding the jurisdiction of the Court of First Instance. The Court ruled that such an allegation is not essential to confer jurisdiction on the court. The fact of proclamation, stating the votes received by each candidate, creates a presumption that the municipal council performed its duty to meet, canvass the votes, and proclaim the result. The protest contained the essential factual allegations required by law, including the candidates involved, the proclaimed results, and that it was filed within the legal period. The failure to comply with legal requirements regarding service of notice is a question of fact that may be raised by the protestee, but does not deprive the court of jurisdiction. The preliminary injunction issued was dissolved.