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ROLETO A. PAHILAN v. RUDY A. TABALBA

This case has been cited 3 times or more.

2010-04-07
BERSAMIN, J.
It has been frequently decided, and it may be stated as a general rule recognized by all courts, that statutes providing for election contests are to be liberally construed to the end that the will of the people in the choice of public officers may not be defeated by mere technical objections. An election contest, unlike an ordinary action, is imbued with public interest since it involves not only the adjudication of the private interests of rival candidates but also the paramount need of dispelling the uncertainty which beclouds the real choice of the electorate with respect to who shall discharge the prerogatives of the office within their gift. Moreover, it is neither fair nor just to keep in office for an uncertain period one whose right to it is under suspicion. It is imperative that his claim be immediately cleared not only for the benefit of the winner but for the sake of public interest, which can only be achieved by brushing aside technicalities of procedure which protract and delay the trial of an ordinary action. xxx.[46]
2007-04-24
CARPIO, J.
G.R. No. 165736 is a petition for certiorari[4] of the Order dated 25 October 2004[5] of the COMELEC First Division also in SPA Case No. 04-152. The 25 October 2004 Order granted the motion for execution of judgment filed by Thomas R. Palileng, Sr. (Palileng) and annulled Cayat's proclamation. The 25 October 2004 Order also directed (1) the COMELEC Law Department to implement the dispositive portion of the 12 April 2004 Resolution; (2) the Regional Election Director of the Cordillera Autonomous Region (CAR) to create a new Municipal Board of Canvassers (MBOC); (3) the new MBOC to convene and prepare a new Certificate of Canvass for Mayor of Buguias, Benguet by deleting Cayat's name and to proclaim Palileng as the duly elected Mayor of Buguias, Benguet. Feliseo K. Bayacsan (Bayacsan), duly elected Vice-Mayor of Buguias, Benguet, filed a petition-in-intervention in G.R. No. 165736.