GR 44627; (December, 1935) (Digest)
G.R. No. 44627 , December 11, 1935
FELIPE SALCEDO, protestant-appellant, vs. FRANCISCO HERNANDEZ, protestee-appellee.
FACTS
Felipe Salcedo filed an election protest against Francisco Hernandez on June 18, 1934. The case was appealed to the Supreme Court ( G.R. No. 42992 ), which on August 9, 1935, remanded it to the Court of First Instance (CFI) of Tayabas for further proceedings, including ballot examination. Upon remand, Hernandez moved to dismiss the protest, arguing that under Section 479 of the Election Law, all proceedings in an election contest must be terminated within one year from filing (June 18, 1934). The CFI granted the motion, dismissing the protest for lack of jurisdiction, holding that the one-year period had expired on June 18, 1935, and that it could no longer validly decide the case.
ISSUE
Whether the one-year period for terminating election contest proceedings under Section 479 of the Election Law includes the time the case was pending on appeal in the Supreme Court.
RULING
No. The Supreme Court reversed the CFI’s order. The one-year limitation in Section 479 applies only to proceedings in the CFI, not to appeals pending in the Supreme Court. The period during which the case was on appeal (from January 4, 1935, to the remand on August 9, 1935) tolled the running of the one-year period. Thus, when remanded, the CFI still had unused time (five months and thirteen days) to complete the proceedings. The CFI erred in dismissing the protest and was directed to comply with the Supreme Court’s August 9, 1935, order without further delay. Costs were imposed on the protestee-appellee.
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