G.R. No. 30591, September 27, 1929
GENEROSO AVELLANOSA, contestant-appellee, vs. BERNARDO VEROY, contestee-appellant.

FACTS

After the June 6, 1928 elections, the municipal board of canvassers of Banganga, Davao, proclaimed Bernardo Veroy as the elected municipal president with 329 votes, while Generoso Avellanosa received 257 votes. Avellanosa filed an election protest in the Court of First Instance of Davao, alleging that Veroy was ineligible because he had not filed his certificate of candidacy as required by law. The trial court ruled in favor of Avellanosa, declaring Veroy ineligible and proclaiming Avellanosa as the duly elected president. Veroy appealed this decision.

ISSUE

Whether the proper remedy to challenge the eligibility of an elected candidate is an election protest or a special proceeding in the nature of quo warranto under Section 408 of the Election Law.

RULING

The Supreme Court reversed the decision of the trial court. It held that the correct procedure to question the eligibility of an elected candidate is not an ordinary election protest but a special proceeding in the nature of quo warranto, as expressly provided under Section 408 of the Election Law, as amended by Act No. 3387. This section requires that such a challenge be filed by any elector within two weeks after the proclamation of election, following the procedural rules for quo warranto cases. Since Avellanosa used an election protest instead of the statutory quo warranto proceeding, the trial court lacked jurisdiction to rule on Veroy’s eligibility. The Court cited its precedent in Yra v. Abaño (52 Phil. 380) to support this conclusion. No costs were awarded.