[ G.R. No. 12341. February 07, 1917 ] 36 Phil. 226
[ G.R. No. 12341. February 07, 1917 ]
JUAN JAVIER, PETITIONER, VS. RICARDO NADRES ET AL., RESPONDENTS. D E C I S I O N
TRENT, J.:
This is a petition for a writ of certiorari to be directed to the Court of First Instance of the Province of Tayabas, requiring it to forward to this court the proceedings had in a certain election contest between the petitioner, Juan Javier, and the respondent, Ricardo Nadres, to the end that the judgment of the court in such proceedings may be annulled on the ground of lack of jurisdiction.
The petitioner alleges that at the general election held on June 6, 1916, Juan Javier, Ricardo Nadres, Nicolas Zamora, Dionisio Pumaan, Segundo Samonte, and Juan Emon were candidates for the office of president for the municipality of Candelaria, Province of Tayabas, and that each of these candidates received votes at the election. Juan Javier was proclaimed elected by the municipal board of canvassers. Ricardo Nadres filed in the Court of First Instance on June 19, 1916, a motion contesting the election. Juan Javier was the only candidate notified of this motion. During the proceedings Juan Javier presented a motion on August 10, 1916, praying the court to dismiss the case on the ground that it had not acquired jurisdiction because of the failure to notify all the candidates voted for. This motion was denied. Upon the termination of the hearing the court declared that no one was legally elected municipal president and so certified to the Executive Secretary and the provincial board. It is further alleged that the court failed to make a finding of facts with reference to whether or not the irregularities which occurred during the election were due to fraud or bad faith on the part of the election officers.
The respondents in their answer admitted all of the essential allegations in the petition except that relating to the notice to all candidates voted for, and as a special defense alleged that at the commencement of the trial of the contest it was agreed in open court that the only candidates at the election for the office of municipal president were Juan Javier and Ricardo Nadres.
The decision of the trial court was made a part of the petition and the first paragraph of this decision reads in part as follows: “The petitioner (Ricardo Nadres) and the respondent (Juan Javier) were the only candidates during the last election for the office of municipal president held in Candelaria of this Province of Tayabas.” This finding of fact was based upon the agreement of the parties to that effect.
It is now urged that the parties to an action cannot confer jurisdiction upon the court by agreement. This is true, but the agreement under consideration did not have that effect. It was simply an agreement entered into by the parties to avoid the calling of witnesses to prove that Nadres and Javier were the only candidates for the office of municipal president. It therefore follows that the contention of counsel upon this branch of the case is entirely without foundation.
The mere fact that the court did not expressly find that the irregularities, which invalidated the election, were the result of fraud or bad faith on the part of the election officers, did not affect the result nor deprive the court of jurisdiction. The filing of the motion of contest, wherein all the jurisdictional facts were alleged, and the notice thereof to the only other candidate, gave the court jurisdiction of the subject-matter and the persons of the necessary parties. It then had the power to determine from the evidence presented whether or not anyone was legally elected president, the parties having been given ample opportunity to present their evidence, both documentary and oral.
For the foregoing reasons judgment will be entered in favor of the respondents dismissing the petition, with costs against the petitioner, Juan Javier. So ordered.
Torres, Carson, and Araullo, JJ., concur.