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THE UNITED STATES,
G.
R.
No. L-6457
March
2, 1911
-versus-
ISIDRO MADAMBA, Defendant-Appellant. TRENT,
J:
This is an appeal from
a Judgment of the Court of First Instance of the Second Judicial
District,
Honorable Dionisio Chanco presiding, condemning the defendant, Isidro
Madamba,
to pay a fine of P200 and the costs of the cause for the crime of
having
violated the provisions of paragraph 8, Section 29, and paragraph 20,
Section
30, of the Election Law.
A vacancy having occurred in the office of Municipal President of the town of Dingras, Province of Ilocos Norte, the Provincial Board, by resolution, approved October 30, 1908, appointed the defendant, Isidro Madamba, to fill this vacancy. Immediately thereafter, Madamba accepted the appointment and after qualifying, entered upon the duties of his office. On the 2nd of August 1909, Madamba presented his resignation, in writing, as such appointed president, to the Provincial Board, for the purpose of becoming a candidate for the same office at the general election to be held on the 2d day of November of that year. His resignation was accepted on the 18th of that month and he received notification of such acceptance on the 25th of the same month. Upon receipt of this notice, he then ceased to perform the functions of that office and to receive the emoluments attached thereto. He then publicly announced to the voters of that municipality that he was a candidate for the office of Municipal President. These facts are not disputed. Paragraph 8, Section 29, of the Election Law, as amended by Section 3 of Act No. 1948, reads as follows:
Paragraph 20, Section 30,
of the Election Law provides that:
From the date [August 2nd]
of the presentation by the defendant of his resignation in writing to
the
second of November, the date on which the general election was held, is
a period of ninety-one days, excluding both dates. He, therefore, did
not
present his resignation within the ninety days specified in the Section
above quoted. It will be noted that the last part of said Section reads:
The intention of the Legislature in amending paragraph 8, Section 29, of the Election Law, in the manner above set forth was to cover such cases as the one under consideration. For these reasons, the judgment appealed from is reversed and the defendant acquitted, with costs de oficio. So ordered. Arellano, C.J., Mapa, Carson and Moreland, JJ., concur. |
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