GR 46117; (August, 1938) (Digest)
G.R. No. 46117 ; August 15, 1938
ROBERTO A. YAP, petitioner, vs. THE COURT OF FIRST INSTANCE OF ZAMBALES and PEDRO EBALO, respondents.
FACTS
In the December 14, 1937 election for vice-mayor of Candelaria, Zambales, petitioner Roberto A. Yap and respondent Pedro Ebalo each received 350 votes, resulting in a tie. On December 17, 1937, the municipal council, acting as the board of canvassers, proclaimed Yap as vice-mayor elect without first resolving the tie by drawing lots as required by section 477 of the Election Law. Upon order from the Secretary of the Interior, the board conducted a drawing of lots on December 30, 1937, which Yap won, and he was proclaimed again. Ebalo had agreed to the drawing but reserved his right to file an election protest. On January 4, 1938, Ebalo filed an election protest alleging fraud in a precinct. Yap moved to dismiss the protest, arguing it was filed more than two weeks after the first (December 17) proclamation and that Ebalo was estopped due to his participation in the drawing of lots. The Court of First Instance of Zambales denied the motion, proceeded to a recount, and declared Ebalo the winner. Yap filed this petition for certiorari.
ISSUE
1. Whether the Court of First Instance of Zambales acquired jurisdiction over the election protest, considering the timeliness of its filing.
2. Whether Ebalo was estopped from filing the protest after voluntarily submitting to the drawing of lots.
RULING
The Supreme Court denied the petition, upholding the lower court’s jurisdiction and the validity of the protest.
1. The first proclamation on December 17, 1937 was illegal and void for failure to resolve the tie by drawing lots as mandated by law. A void proclamation produces no legal effect and cannot be the starting point for counting the two-week period to file an election protest under section 479 of the Election Law. The legal and valid proclamation was the one made on December 30, 1937, after the drawing of lots. Ebalo’s protest filed on January 4, 1938 was within two weeks from that valid proclamation; thus, the court acquired jurisdiction.
2. Ebalo was not estopped from filing the protest. The drawing of lots was a legal requirement to break the tie and determine who to proclaim. Ebalo’s participation was not a waiver of his right to contest the election’s validity, as he expressly reserved his right to file a protest if the result was adverse to him. His submission to the mandatory procedure did not bar him from challenging fraud or irregularities in the election itself.
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