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 2d 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:

"No person, except a notary public, holding any appointive public office  or employment,  or any public office or employment by  appointment,  shall,  within ninety  days preceding any general election, or within sixty days preceding  any special  election,  announce  his  candidacy for or be eligible to  hold  any elective public office  or employment to be filled at such  general or special election.  No person holding an elective public office to which such person has  been elected shall  present his  candidacy, nor  shall he be eligible while holding such office, at any municipal, provincial  or Assembly election,  except for reelection to the office held by him.  Resignations tendered for electoral reasons  shall  be  accepted  without delay by the officer or person called upon to accept them.  The resignations mentioned in this section shall,  in the case  of Delegates to the Philippine Assembly, be tendered to the Speaker thereof. No judge of  the Court of First  Instance, justice ,of the peace, provincial  fiscal, or officer or employee of  the Bureau of Constabulary  or  of the Bureau of  Education,  or provincial treasurer, shall aid any candidate, or influence in any manner or take any part in any municipal,  provincial, or Assembly election under penalty of  being deprived of his office and being disqualified to hold any public office whatever for a term of five years: Provided, however, That the foregoing provisions shall not be construed  to deprive any person  otherwise qualified of  the right to vote at any election: And provided further, That the tender in writing of a resignation  within the time  herein above  fixed shall be held to  be a compliance with the requirements of this section."

Paragraph 20,  section 30, of the Election  Law provides that:

"Any person who, being disqualified for an office for any reason other than nonpayment of taxes, publicly announces his candidacy for any elective office, shall be punished by a fine of not less than two hundred pesos nor  more than five hundred pesos." 

From  the date (August  2d) 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:

"And provided further, That the tender in writing of a resignation within the time herein above fixed shall be held to be a compliance with the requirements of this section."

Under this  provision the defendant complied with the law, and he then and there (on the second day of August) ceased  to be such municipal president by appointment, and from that date  to  the twenty-fifth of  the  month he was de facto municipal president for the purposes of this case. 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.