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https://www.lawyerly.ph/juris/view/ce64?user=fbGU2WFpmaitMVEVGZ2lBVW5xZ2RVdz09
[TEODORG OLGADO v. MUNICIPAL COUNCIL OF MUNICIPALITY OF LIPA](https://www.lawyerly.ph/juris/view/ce64?user=fbGU2WFpmaitMVEVGZ2lBVW5xZ2RVdz09)
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15 Phil. 623

[ G.R. No. 4901, March 22, 1910 ]

TEODORG OLGADO, PLAINTIFF AND APPELLANT, VS. THE MUNICIPAL COUNCIL OF THE MUNICIPALITY OF LIPA AND THE PROVINCIAL BOARD OF BATANGAS, DEFENDANTS AND APPELLEES.

D E C I S I O N

MAPA, J.:

The appellant  was elected municipal  president of Lipa, in  the Province  of Batangas, at the election held on November  5, 1907, without having previously  resigned  the office which he was holding as member  of the local school board of the said municipality.   In January, 1908, he took possession  of the office  of municipal president to which he  had  been  elected, and in the same month the candidate defeated in that election  filed a protest against the  election of the appellant, on the  ground of the latter's ineligibility on  account  of his  not having resigned  the  said office as member of the local school board.  The proper information having  been  filed, the municipal council of Lipa, in view of the result thereof, declared the said office  of municipal president of  Lipa to be  vacant, which resolution was affirmed by the provincial board of Batangas and the latter designated the  opponent,  Guillermo Catigbac,  to  occupy the said office.

With these facts as a  basis, the appellant instituted suit in the Court of First Instance  of  Batangas,  in  which  he demanded:

First.  That he be declared eligible to the office of municipal president  of Lipa,  notwithstanding his not  having expressly resigned the office of member of the local school board.

Second. That, therefore, the resolution of the municipal council of Lipa, declaring vacant the office of  president of the same municipality, be declared null and void; and

Third. That the designation of Guillermo Catigbac, made by the provincial board, to occupy the said office of municipal president, be likewise annulled.

To this complaint  the respondents filed a demurrer, and among other reasons alleged lack of jurisdiction  of  the court to try the case, which demurrer was admitted by the court on the  said ground.  The case has been forwarded to this court by virtue of the appeal filed by the petitioner against the order of the court.

Section 12  of the  Election Law,  No. 1582, as amended by Act No. 1726, in its last paragraph, reads as follows:
"Any councilor or other municipal officer or other person  who  has information that a municipal officer is ineligible shall immediately report the matter to the  municipal council, which shall hold an investigation giving the officer opportunity  to present  the  evidence in  his  favor.  The council shall declare the office vacant or  dismiss the proceedings  as the facts may warrant.  A  record of the proceedings  and  evidence shall be kept and forwarded to the provincial board which,  within thirty days, shall  affirm  or reverse the  action of the council.

"The Governor-General, upon  receipt of proof satisfactory to him that an ineligible  person is holding any provincial  or municipal office or employment,  may summarily remove such person."
As the appellees say in their brief, and with which we agree, the provision just quoted  reserves to the municipal council, with the due approval of the provincial board, and also to the  Governor-General, the power  to remove from office any person elected as a  municipal  officer and who is subsequently proven to be ineligible, although he be already holding the office, and in no  part of the  Election Law  is jurisdiction  granted  to  the  Courts of  First  Instance  to review the resolution of the municipal council and the approval thereof, in such  a case,  of  the  provincial board, wherein such removal is ordered.  Such a resolution  is final and conclusive, in the sense that it can not be reviewed by the Courts of First Instance, and is so provided by the Election Law.  It is superfluous to add that this law, being special and exclusive  as it is in the matter of elections,  is the one applicable to the  present case, rather  than  any other  of a  general character.   (Sec.  288, Code of  Procedure in Civil Actions.)

The order appealed from is affirmed,  with the costs in this instance against the appellant.   So ordered.

Arellano, C. J., Torres, Johnson, and  Carson, JJ., concur.

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