[ G.R. No. 48634. October 08, 1941 ] 73 Phil. 257
[ G.R. No. 48634. October 08, 1941 ]
JUAN SUMULONG, IN HIS CAPACITY AS PRESIDENT OF THE POPULAR FRONT, PETITIONER, VS. THE COMMISSION ON ELECTIONS, RESPONDENT. D E C I S I O N
MORAN, J.:
This is a petition for certiorari to review the resolution of the Commission on Elections granting the Popular Front Party headed by Pedro Abad Santos the exclusive right to propose the minority election inspector in the second congressional district of Pampanga for the forthcoming national elections. In the elections of 1938, the Popular Front Party, supporting the candidacies of Francisco Lazatin and Joaquin Alejandrino for the first and second legislative districts of Pampanga, polled more than ten per centum of the total votes cast in said legislative districts. It appears, however, that said Popular Front Party was then a mere coalition of several minority groups among which are the Popular Front faction of Juan Sumulong and that of Pedro Abad Santos. These two factions now stand out as separate and independent minority parties supporting different sets of candidacies for the forthcoming national elections. On September 15, 1941, the Commission on Elections granted to the Popular Front Party of Abad Santos the right to propose the minority inspector in the first congressional district of Pampanga, and to the Popular Front Party of Sumulong, the minority inspector in the second congressional district of said province. On September 26, 1941, on motion for reconsideration by Francisco M. Ramos, candidate of the Popular Front Party of Abad Santos, the Commission, upon a finding that “the real opposition party in Pampanga is the Popular Front of Abad Santos and that the Popular Front Party of Sumulong has but a nominal existence in the province,” modified its ruling of the 15th of September by awarding the minority inspector to the Popular Front Party of Abad Santos, This resolution is the subject of review in this petition for certiorari. It is now a well-settled rule that where the minimum number of votes required by law (Commonwealth Act No. 657, sec. 5) was polled by a mere coalition or alliance of minority parties, the right to minority representation in the board of election inspectors to which such coalition is entitled, cannot be claimed by any of the component parties which have thereafter separated. (Sumulong vs. Commission on Elections, 40 Off. Gaz. [9th Sup.], No. 13, pp. 226, 230-231; Vinzons vs. Commission on Elections et al., G. R. No. 48596, October 1, 1941.) And where such situation obtains, the Commission shall have the discretion to choose the minority inspector. (Commonwealth Act No. 657, sec. 5; Vinzons vs. Commission on Elections et al., supra; Rimando vs. Commission on Elections et al., G. R. No. 48603, October 1, 1941.) The modification by the Commission of its ruling of September 15th awarding the minority inspector to the Popular Front Party headed by Abad Santos is a legal exercise of the discretion vested in it by law. The resolution of the Commission is affirmed, with costs against petitioner. Diaz, Laurel, and Horrilleno, MM., concur.