Pages

Monday, June 20, 2016

Esmeraldo Morelos V. Hon. Francisco Dela Rosa, 102 Scra 671 (1981)

CASE DIGEST

Facts: 
In a petition for annulment of election with injunction filed in the Municipal Court of Parañaque, Rizal, seeking the annulment of the elections held on January 28, 1968 at Barrio Baclaran, Parañaque, Rizal for the positions of barrio Captain and Barrio Councilmen, petitioners therein allege that said elections were null and void ab initio for the following reasons:  (1.) The list of voters used was null and void because it was made during the illegal registration. (2.) The election was not conducted, the votes were not counted, and the alleged winners were not proclaimed, by a duly elected board of election teller. (3.) The election was not determined, fixed and/or sanctioned by the Baclaran barrio Council as required by law. (4.) Official ballots were not used and all election paraphernalia were supplied by NP candidates; and (5.) The election was conducted in open space, frauds and irregularities were committed such the several persons were able to vote several times while many registered voters who went to the polling place were informed that other persons used their names in voting and that “they have voted already.”

Issues: Whether or not the grounds laid down by petitioners for annulment of the election are justifiable.

Ruling:

The petition is dismissed for being moot and academic, by reason of the expiration of the term of office of the positions disputed by parties, the instant case has been rendered moot and academic. Subsequent to the elections in 1968, elections in the Barrio level were held anew in January 1972, pursuant to the provisions of R.A. No. 3590, as amended, otherwise known as the revised barrio charter. Petitioners have lost their standing, and it would serve no useful purpose for the court to make any pronouncement on the matter. 

No comments:

Post a Comment