GR L 21910; (November, 1963) (Digest)
G.R. No. L-21910; November 11, 1963
ASUNCION CONUI-OMEGA, protestant-appellee, vs. CESAR SAMSON, protestee-appellant.
FACTS
Asuncion Conui-Omega and Cesar Samson were candidates for city councilor in Ormoc City in the November 1959 elections. After canvass, Samson led by three votes. Conui-Omega filed a petition for recount in certain precincts, leading the court to enjoin the board of canvassers. Samson successfully challenged this order via certiorari in the Supreme Court. Meanwhile, on December 29, 1959, the board made a partial proclamation of seven uncontested councilors, leaving the eighth position (the subject of the contest) unproclaimed. After the Supreme Court’s certiorari decision became final, a newly constituted board of canvassers proclaimed Samson as the eighth councilor on June 2, 1960, and he assumed office. On June 14, 1960, Conui-Omega filed an election protest. Samson moved to dismiss, arguing the protest was filed beyond the two-week reglementary period from proclamation, contending the December 29, 1959 partial proclamation was the operative one. The trial court denied the motion, proceeded to trial, and declared Conui-Omega the winner by 42 votes.
ISSUE
Whether the trial court acquired jurisdiction over the election protest, considering the timeliness of its filing relative to the applicable proclamation.
RULING
The trial court validly acquired jurisdiction. The Supreme Court ruled that the two-week period to file an election protest under Section 174 of the Revised Election Code is mandatory and jurisdictional. However, the critical proclamation for determining this period was the June 2, 1960 proclamation of Samson, not the December 29, 1959 partial proclamation. The December 1959 act was merely a partial proclamation, specifically excluding the contested eighth councilor seat. A valid and complete proclamation for the contested office only occurred on June 2, 1960, when the new board, upon finality of the certiorari case, proclaimed Samson. Since Conui-Omega filed her protest on June 14, 1960, which was within two weeks of June 2, the protest was timely filed, conferring jurisdiction upon the trial court. On the merits, after a review of contested ballots, the Court modified the vote count but affirmed Conui-Omega’s victory, reducing her plurality to ten votes.