This case has been cited 1 times or more.
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2003-12-11 |
YNARES-SANTIAGO, J. |
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| As a general rule, the proper remedy after the proclamation of the winning candidate for the position contested would be to file a regular election protest or a petition for quo warranto.[5] This rule, however, admits of exceptions, to wit: (1) where the board of canvassers was improperly constituted; (2) where quo warranto was not the proper remedy; (3) where what was filed was not really a petition for quo warranto or an election protest but a petition to annul the proclamation; (4) where the filing of a quo warranto petition or an election protest was expressly made without prejudice to the pre-proclamation controversy or was made ad cautelam; and (5) where the proclamation was null and void.[6] | |||||