GR 46092; (August, 1938) (Digest)
G.R. No. 46092 ; August 8, 1938
ARSENIO LUGAY, petitioner, vs. DIEGO LOCSIN, Judge of First Instance of Tarlac, and PROCOPIO HILARIO, respondents.
FACTS
Procopio Hilario filed an election protest in the Court of First Instance of Tarlac, challenging the election and proclamation of Arsenio Lugay as mayor-elect of Tarlac, Tarlac. In his sworn protest, Hilario alleged he “was a registered candidate voted for” the office of mayor. Lugay filed a motion to dismiss, arguing this allegation was insufficient to confer jurisdiction on the court. The respondent judge denied the motion. After Hilario presented his evidence but did not submit his certificate of candidacy, Lugay filed a second motion to dismiss, contending Hilario failed to prove he was a duly registered candidate. The judge again denied the motion, holding the sworn jurisdictional allegations, not denied under oath by Lugay, established prima facie a sufficient cause for the court to continue hearing the protest. Lugay then filed this certiorari proceeding.
ISSUE
Whether the sworn allegation in an election protest that the protestant “was a registered candidate voted for” the office, without submitting the certificate of candidacy as evidence, is sufficient to confer and sustain the court’s jurisdiction over the election protest.
RULING
The petition is denied. The sworn allegation in the protest that Hilario “was a registered candidate voted for” the office of mayor is a substantial compliance with the legal requirement and sufficient to confer jurisdiction on the court. The presumption of regularity applies; the law presumes that acts are done in compliance with the law. The fact that election inspectors credited votes to Hilario indicates he was a registered candidate, as votes for unregistered persons are counted as scattering votes. Furthermore, Lugay’s failure to deny under oath the sworn jurisdictional allegation relieved Hilario from the burden of presenting evidence to prove it initially. The court did not lose jurisdiction by Hilario’s failure to present the certificate of candidacy during his evidence, as the allegation in the sworn protest, uncontradicted under oath, stands as prima facie true. The public interest requires the trial to proceed to determine the legality of the election.
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