GR 42718; (December, 1934) (2) (Digest)
G.R. No. 42718 & G.R. No. 42727, December 15, 1934
JOSE MONTIAGUE, petitioner, vs. MARIANO BUYSON LAMPA, Judge of First Instance of Iloilo, and GERMANICO LEGASPI, respondents. / GERMANICO LEGASPI, petitioner, vs. MARIANO BUYSON LAMPA, Judge of First Instance of Iloilo, and JOSE MONTIAGUE, respondents.
FACTS
In the June 5, 1934 elections for municipal vice-president of Miagao, Iloilo, both Jose Montiague and Germanico Legaspi initially received 1,263 votes each, resulting in a tie. Pursuant to law, the municipal board of canvassers conducted a drawing of lots, to which both candidates voluntarily submitted. The lot favored Legaspi, who was then proclaimed elected. Montiague later filed an election protest. The Court of First Instance, after trial, rendered a judgment declaring Legaspi elected. Both parties filed motions for reconsideration. The respondent judge, acting on these motions, issued an order revoking his earlier decision and declaring a new tie of 1,259 votes each, ordering another drawing of lots. Both candidates assailed this order via separate petitions for certiorari.
ISSUE
1. Whether the respondent judge acted in excess of jurisdiction or with grave abuse of discretion in issuing the order of October 15, 1934.
2. Whether Montiague was estopped from filing an election protest after voluntarily submitting to the initial drawing of lots conducted by the municipal board of canvassers.
RULING
The Supreme Court granted Legaspi’s petition and dismissed Montiague’s petition.
1. On the procedural issue, the Court held that the respondent judge did not exceed his jurisdiction in re-examining the ballots and reconsidering his decision before it became final, as courts have the power to re-examine evidence upon a motion for reconsideration.
2. On the substantive issue, the Court applied the doctrine of estoppel as established in Radaza vs. Enaje. By voluntarily submitting to the drawing of lots before the municipal board of canvassers to break the tie, Montiague was estopped from later attacking the validity of the election and the canvass. His act gave rise to an irrebuttable presumption that the canvass and the election for the office were lawful and valid. Consequently, Montiague had no right to file the election protest, and the trial court exceeded its jurisdiction in entertaining it. All proceedings in the election protest case were declared null and void. Germanico Legaspi was declared the duly elected vice-president of Miagao.
AI Generated by Armztrong.