GR L 4901; (March, 1910) (Digest)
G.R. No. L-4901
TEODORO OLGADO, plaintiff-appellant, vs. THE MUNICIPAL COUNCIL OF THE MUNICIPALITY OF LIPA and THE PROVINCIAL BOARD OF BATANGAS, defendants-appellees.
March 22, 1910
FACTS:
Teodoro Olgado was elected municipal president of Lipa, Batangas, on November 5, 1907. At the time of his election, he had not resigned from his office as a member of the local school board. After he took possession of the office in January 1908, the defeated candidate filed a protest, alleging Olgado’s ineligibility due to his failure to resign from his previous post. Following an investigation, the Municipal Council of Lipa declared the office of municipal president vacant. This resolution was affirmed by the Provincial Board of Batangas, which then designated Guillermo Catigbac, Olgado’s opponent, to occupy the said office.
Olgado then instituted a suit in the Court of First Instance (CFI) of Batangas, seeking: (1) a declaration of his eligibility, (2) the nullification of the Municipal Council’s resolution, and (3) the nullification of the Provincial Board’s designation of Catigbac. The defendants filed a demurrer, arguing, among other reasons, the CFI’s lack of jurisdiction. The CFI admitted the demurrer on this ground, leading Olgado to appeal to the Supreme Court.
ISSUE:
Does the Court of First Instance have jurisdiction to review the resolution of a municipal council, affirmed by the provincial board, that declares a municipal officer ineligible and his office vacant under the Election Law?
RULING:
No. The Supreme Court affirmed the order of the Court of First Instance.
The Court held that Section 12 of the Election Law (Act No. 1585, as amended by Act No. 1726 ) reserves to the municipal council, with the approval of the provincial board, and also to the Governor-General, the exclusive power to remove from office any person elected as a municipal officer who is subsequently proven to be ineligible. The Court emphasized that no part of the Election Law grants jurisdiction to the Courts of First Instance to review such resolutions of the municipal council and the provincial board. Such a resolution, as provided by the special and exclusive Election Law, is final and conclusive and cannot be reviewed by the Courts of First Instance. Therefore, the CFI correctly ruled that it lacked jurisdiction over the case.