G.R. No. L-10654; September 23, 1958
RAMON C. ROSALES, ET AL., protestants-appellants, vs. MATEO V. TUPAZ, ET AL., protestees-appellees.

FACTS

In the November 8, 1955 general elections, Mateo V. Tupaz, Filemon Durano, Godiardo Guillen, Teofilo H. Sanchez, and Gabriel R. Banaag were proclaimed elected councilors of Butuan City on November 25, 1955. On December 6, 1955, Ramon Rosales and others filed an election protest. The protestees moved to dismiss the protest on December 10, 1955, for lack of cause of action. The lower court dismissed the protest. The protestants filed a motion for reconsideration on April 24, 1956, and an amended election protest on April 25, 1956. The motion for reconsideration was denied, and the amended protest was not admitted for being filed out of time, prompting the protestants’ appeal.

ISSUE

Whether the lower court erred in dismissing the original election protest for failure to state a cause of action.

RULING

Yes. The Supreme Court set aside the order of dismissal. The lower court’s ground for dismissal—that the protest contained no allegation that the cited frauds, errors, irregularities, and violations of election law would alter the election results in favor of the protestees—was erroneous. The Court held that a reasonable construction of the protest, specifically sub-paragraph (i) in relation to sub-paragraphs (a) to (h) of paragraph 4, showed it sufficiently alleged that the enumerated “causes” directly affected the election results in all precincts of Butuan City in favor of the protestees and against the protestants. This implied that, absent those causes, the results would have been different. Consequently, the amended protest, which merely clarified the original allegations and was filed before trial within a reasonable period, should not have been dismissed. The Court ordered the lower court to give due course to the protest.