GR 31373; (January, 1970) (Digest)
G.R. No. L-31373 January 22, 1970
JOHN H. OSMENA, petitioner, vs. HON. AGAPITO HONTANOSAS, ET AL., respondents.
FACTS
Petitioner John H. Osmeña filed a petition seeking to restrain respondent Judge Agapito Hontanosas from proceeding in Civil Case No. R-11477 before the Court of First Instance of Cebu and from enforcing a writ of preliminary injunction issued therein. He also sought to compel the Provincial Board of Canvassers of Cebu to canvass the votes and proclaim the winner for Representative of the second district of Cebu from the November 11, 1969 elections. The civil case was initiated by respondent Josefino Almendras and others, seeking to declare the election in Cebu City null and void ab initio and to enjoin the canvass and proclamation. The petition alleged massive irregularities, including an unruly mob forcing the closure of the COMELEC office, unauthorized distribution of voter lists allowing illegal voting, voting beyond prescribed hours, and unsealed records facilitating fraud, making it impossible to separate legal from illegal votes. The respondent judge issued an ex parte preliminary injunction against the Provincial Board of Canvassers. Osmeña moved to dissolve the injunction and dismiss the case, arguing the court lacked jurisdiction, as such irregularities should be raised in an election protest and, for congressional elections, the House Electoral Tribunal is the sole judge. The respondent judge denied the motion, prompting Osmeña to file the present petition.
ISSUE
Whether the Court of First Instance has jurisdiction to nullify votes cast in a congressional election and to enjoin the canvass and proclamation based on alleged irregularities.
RULING
The Supreme Court granted the writs of certiorari and prohibition. It held that Courts of First Instance have no jurisdiction to nullify votes cast in a congressional election. Furthermore, there was no showing for whom the alleged illegal votes were cast or how they affected the election result. The Court made permanent its earlier restraining order, set aside the preliminary injunction issued by the respondent judge, and ordered the dismissal of Civil Case No. R-11477. It also ordered the Provincial Board of Canvassers of Cebu to convene, canvass the votes, and proclaim the result for the office of Representative for the second district of Cebu. The resolution was immediately executory.