GR 46065; (August, 1938) (Digest)
G.R. No. 46065 ; August 9, 1938
PABLO C. CORTES, ET AL., petitioners, vs. SIXTO DE LA COSTA, Judge of First Instance of Rizal, ET AL., respondents.
FACTS
Petitioners, candidates for municipal vice-mayor and councilor of Makati, Rizal in the December 14, 1937 elections, filed a timely motion of protest against the respondents (the winning candidates). The respondent judge dismissed the protest on the ground that it failed to allege the jurisdictional fact that the protestees had been proclaimed elected. Petitioners sought reconsideration, which was denied.
ISSUE
Whether the motion of protest sufficiently alleged the jurisdictional fact of proclamation of the protestees as elected candidates.
RULING
Yes. While the motion did not contain an express statement that the protestees were proclaimed, paragraph 4 of the motion listed the votes obtained by each candidate as appearing “en la proclamacion verificada por la Junta Municipal de Escrutinio” (in the proclamation made by the Municipal Board of Canvassers). From this, the fact that the victorious candidates (the protestees) were duly proclaimed could be clearly inferred. Precision in pleadings is desirable but not strictly required; a single fact may be alleged in different ways with the same effect. The writ of mandamus is granted, compelling the respondent judge to proceed with the hearing of the election contest.
AI Generated by Armztrong.