Professional Documents
Culture Documents
48
_______________
* FIRST DIVISION
643
644
645
MAKASIAR, J.:
646
http://www.central.com.ph/sfsreader/session/00000156a0fee50c202b7811003600fb002c009e/t/?o=False 4/18
8/19/2016 SUPREME COURT REPORTS ANNOTATED VOLUME 092
647
that the New Constitution did not divest the Court of First
Instance of its jurisdiction to hear and decide election
protests pending before them at the time of its ratification
and effectivity; that the ratification of the New
Constitution and its effectivity did not automatically
abolish the office and position of municipal mayor nor has
it automatically cut short the tenure of the office, so as to
render the issue as to who is the lawfully elected candidate
http://www.central.com.ph/sfsreader/session/00000156a0fee50c202b7811003600fb002c009e/t/?o=False 5/18
8/19/2016 SUPREME COURT REPORTS ANNOTATED VOLUME 092
“It is an undeniable fact that this case has its source from the
1971 elections for municipal mayoralty. Unsatisfied with the
counting of votes held by the Board of Canvassers, the herein
protestant filed this present case. And before the termination of
the same and pending trial, the Filipino people in the exercise of
their free will and sovereign capacity approved a NEW
CONSTITUTION, thus a NEW FORM OF GOVERNMENT
PARLIAMENTARY IN FORM was enforced. We find this
provision, under Article XI of the New Constitution, which
provides:
648
http://www.central.com.ph/sfsreader/session/00000156a0fee50c202b7811003600fb002c009e/t/?o=False 6/18
8/19/2016 SUPREME COURT REPORTS ANNOTATED VOLUME 092
649
http://www.central.com.ph/sfsreader/session/00000156a0fee50c202b7811003600fb002c009e/t/?o=False 7/18
8/19/2016 SUPREME COURT REPORTS ANNOTATED VOLUME 092
650
as the change relates to the existence of a prior point in the Court’s ‘chain
of title’ to its authority and ‘does not relate merely to a question of the
horizontal distribution of powers.’ It involves a matter which ‘the
sovereign has entrusted to the socalled political departments or has
reserved to be settled by its own extragovernmental action.’ The present
Government functions under the new Constitution which has become
effective through political action. Judicial power presupposes an
established, government and an effective constitution. If it decides at all
http://www.central.com.ph/sfsreader/session/00000156a0fee50c202b7811003600fb002c009e/t/?o=False 8/18
8/19/2016 SUPREME COURT REPORTS ANNOTATED VOLUME 092
http://www.central.com.ph/sfsreader/session/00000156a0fee50c202b7811003600fb002c009e/t/?o=False 9/18
8/19/2016 SUPREME COURT REPORTS ANNOTATED VOLUME 092
http://www.central.com.ph/sfsreader/session/00000156a0fee50c202b7811003600fb002c009e/t/?o=False 10/18
8/19/2016 SUPREME COURT REPORTS ANNOTATED VOLUME 092
II
656
658
III
http://www.central.com.ph/sfsreader/session/00000156a0fee50c202b7811003600fb002c009e/t/?o=False 16/18
8/19/2016 SUPREME COURT REPORTS ANNOTATED VOLUME 092
Petition granted.
http://www.central.com.ph/sfsreader/session/00000156a0fee50c202b7811003600fb002c009e/t/?o=False 17/18
8/19/2016 SUPREME COURT REPORTS ANNOTATED VOLUME 092
——o0o——
660
© Copyright 2016 Central Book Supply, Inc. All rights reserved.
http://www.central.com.ph/sfsreader/session/00000156a0fee50c202b7811003600fb002c009e/t/?o=False 18/18