GR L 15154; (March, 1919) (Digest)
G.R. No. L-15154; March 25, 1919
EULOGIO RODRIGUEZ and GRACIANO JUTA, petitioners, vs. THE MUNICIPAL COUNCIL OF TAGIG (Rizal Province), respondent.
FACTS:
The Municipal Council of Tagig, Rizal, adopted a resolution on March 2, 1919, appointing three members of the Nacionalista Party as election inspectors for each electoral precinct in the upcoming elections. Petitioners Eulogio Rodriguez and Graciano Juta (the latter also being a municipal councilor) filed a petition challenging this resolution. They contended that the Democratic Party, which they represented, was the successor of political parties that had cast at least thirty percent of the votes in the municipality during the last election. They argued that the law required representation for their party in the board of election inspectors.
ISSUE:
Whether the Municipal Council of Tagig was legally required to appoint an election inspector representing the Democratic Party (as the successor of parties that garnered at least 30% of the votes) in each precinct.
RULING:
The Supreme Court GRANTED the petition. The Court, considering the provisions of the Administrative Code (specifically Sections 417 and 453) and the factual circumstances, ruled that the spirit and intent of the law required, in the interest of harmony and good government, that the municipal council appoint at least one inspector to represent the petitioners’ party in each precinct. This was because the Democratic Party was the successor of parties that had cast at least thirty percent of the votes in the last municipal election.
The Court issued a peremptory order against the respondent Municipal Council, directing it to:
2. Adopt a new resolution appointing, among the three inspectors for each district, Uldarico Yumping for the first district and Victor Natividad for the second district, or other persons proposed by the Democratic Party in their stead.
All respondents, except petitioner-councilor Graciano Juta, were ordered to pay the costs of the proceeding.
