GR L 1939; (April, 1948) (Digest)
G.R. No. L-1939; April 19, 1948
SIXTO CASIN, petitioner, vs. HERMOGENES CALUAG, Judge of First Instance of Albay, and TEODORICO REGALADO, respondents.
FACTS
Petitioner Sixto Casin filed a special civil action of quo warranto in the Court of First Instance of Albay against respondent Teodoro Regalado, alleging that Regalado was ineligible to hold the office of Mayor of Malinao, Albay, due to disloyalty to the Republic of the Philippines under Section 172 of the Revised Election Code. Regalado moved to dismiss the action on the ground that the Court of First Instance lacked jurisdiction because the People’s Court had already acquired jurisdiction over a pending criminal action for treason against him, based on substantially the same acts of disloyalty. The respondent judge granted the motion and dismissed the quo warranto case. Casin then filed this petition for certiorari and mandamus.
ISSUE
Whether the Court of First Instance has jurisdiction to try and decide a quo warranto action based on disloyalty, independently of a pending criminal case for treason involving the same acts before the People’s Court.
RULING
Yes. The Court of First Instance has jurisdiction to proceed with the quo warranto action. The quo warranto proceeding is a civil action distinct from the criminal case for treason. Section 172 of the Revised Election Code disqualifies a person from holding public office based on the fact of disloyalty, not on a conviction for a crime like treason. The standard of proof in the civil quo warranto case is mere preponderance of evidence, unlike in a treason case which requires the testimony of at least two witnesses to an overt act. The parties and purposes of the two actions are also different. Requiring a prior conviction would frustrate the law’s purpose, as quo warranto cases must be decided within thirty days, while criminal cases often take much longer, potentially allowing a disloyal person to hold office indefinitely. The respondent judge is ordered to proceed with the trial of the quo warranto case.
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