ChanRobles Virtual law Library




SUPREME COURT DECISIONS

google search for chanrobles.comSearch for www.chanrobles.com

PLEASE CLICK HERE FOR THE LATEST ➔ SUPREME COURT DECISIONS



G.R. No. L-12706           March 26, 1917
RUPERTO VENTURANZA vs. COURT OF FIRST INSTANCE OF BATANGAS, ET AL. -->

www.chanrobles.com

EN BANC

G.R. No. L-12706 March 26, 1917

RUPERTO VENTURANZA, Petitioner, vs. THE COURT OF FIRST INSTANCE OF BATANGAS and RAMON CABRERA, Respondents.

M. P. Leuterio for petitioner.
J. E. Blanco for respondents.

MORELAND, J.:

This is a petition to obtain a writ of certiorari directed to the Court of First Instance of Batangas to review certain proceedings had in that court in a contested election case involving a municipal office.chanroblesvirtualawlibrary chanrobles virtual law library

It appears from the record that the applicant Venturanza was elected president of the municipality of Lemery, Batangas, at the elections held in June 1916. Thereafter the respondent Ramon Cabrera instituted a protest against the election of Venturanza which resulted in the defeat of the latter and the seating of the former as municipal president. During the course of the contest the respondent filed a counter-protest, as he calls it, alleging certain irregularities and frauds in other districts than those mentioned in the contest. The court, on the objection of the contestant, struck out the counter-protest of the respondent. The contest then went to trial; evidence was presented by both parties; but the respondent offered no evidence relative to the allegations which he had made in his counter-protest.chanroblesvirtualawlibrary chanrobles virtual law library

The case was submitted and the decision rendered in favor of the contestant.chanroblesvirtualawlibrary chanrobles virtual law library

The proceeding in this court for certiorari is based exclusively on the act of the court in striking out or refusing to receive the counter-protest of the respondent in the contested election proceeding.chanroblesvirtualawlibrary chanrobles virtual law library

The case has been submitted to us upon a complaint and answer, the latter being of such character as to admit all of the facts necessary to decide the case.chanroblesvirtualawlibrary chanrobles virtual law library

We are of the opinion that the applicant is not entitled to the remedy prayed for. As we have held in so many cases (In re Prautch, 1 Phil. Rep., 132; Springer vs. Odlin, 3 Phil. Rep., 344; Arzadon vs. Chanco and Baldueza, 14 Phil. Rep., 710; Herrera vs. Barretto and Joaquin, 25 Phil. Rep., 245; Gala vs. Cui and Rodriguez, 25 Phil. Rep., 522; De Fiesta vs. Llorente and Manila Railroad Co., 25 Phil. Rep., 554; Province of Tarlac vs. Gale, 26 Phil. Rep., 338; Napa vs. Weissenhagen, 29 Phil. Rep., 180; Government of the P. I. vs. Judge of First Instance of Iloilo and Bantillo, 34 Phil. Rep., 157) a writ of certiorari will not issue to an inferior court unless that court acted without or in excess of its jurisdiction in performing the acts complained of. The court had jurisdiction of the subject-matter and the parties. It was not outside of its jurisdiction when it struck out the counter-protest. Its act may have been erroneous. As to that we do not decide; but it certainly was not an act outside or in excess of the jurisdiction of the court.chanroblesvirtualawlibrary chanrobles virtual law library

The proceeding is dismissed, with costs. So ordered.chanroblesvirtualawlibrary chanrobles virtual law library

Arellano, C.J., Torres and Araullo, JJ., concur.


Separate Opinionschanrobles virtual law library

CARSON, J., concurring: chanrobles virtual law library

On the ground that the application comes too late I concur in the result.


TRENT, J., concurring: chanrobles virtual law library

Understanding as I do that this is a petition for a writ of certiorari and not mandamus, I agree with the result.




























chanrobles.com





ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com