G.R. No. L-15729; October 2, 1919
JUAN DE LA CRUZ, petitioner, vs. BARTOLOME REVILLA, judge, and PROCESO BUSTOS, respondents.

FACTS:
An election for municipal president was held in Macabebe, Pampanga, on June 3, 1919. The municipal council, acting as the board of canvassers, proclaimed Proceso Bustos as the duly elected president on June 7, 1919. On June 16, 1919, petitioner Juan de la Cruz filed an election protest in the Court of First Instance. During the trial on July 16, 1919, respondent Bustos filed a motion to dismiss the protest on the ground that the facts alleged in the protest were insufficient to constitute a cause of action. The respondent judge granted the motion and dismissed the protest. Subsequently, petitioner filed a petition for a writ of mandamus in the Supreme Court to compel the lower court to reinstate the protest. Respondents demurred to the petition, arguing that the facts alleged did not justify the issuance of the writ.

ISSUE:
Whether the Supreme Court may issue a writ of mandamus to review the dismissal of an election protest by the Court of First Instance on the ground of insufficiency of the facts alleged.

RULING:
No. The Supreme Court denied the petition for a writ of mandamus. The Court held that:
1. The motion to dismiss based on insufficiency of facts was in the nature of a demurrer, and a ruling on a demurrer constitutes a final judgment on the merits unless the pleading is amended. Petitioner did not seek to amend his protest.
2. Under Section 4790 of Act No. 2711 (Administrative Code), the judgment of the Court of First Instance in a municipal election contest is final and non-appealable when rendered on the merits.

The petition was denied, with costs against the petitioner.