FELIX M. PAMANIAN, PROTESTANT AND APPELLANT, VS. PERFECTO PILAPIL, PROTESTEE AND APPELLEE

This case is before us on appeal from an order of tho Court of First Instance
of Leyte dismissing a motion of election protest. Judge Edmundo S. Piccio, who
made the order, held that the court “did not acquire jurisdiction on the instant
case” because the motion of protest did not allege that the protestant had duly
filed a certificate of candidacy as provided by section 174 of the Revised
Election Code.

The motion of protest recited that the protestant “was a candidate voted for
in the general election held on November 11, 1947, with a valid certificate of
candidacy for the Office of Mayor of the Municipality of Capoocan, Province of
Leyte, Philippines, within the jurisdiction of this Court.” This allegation
unequivocally signifies that the protestant “presented a certificate of
candidacy.” Couched in different forms, the two expressions convey the same
idea.

This Court in Dato Ali vs. Court of First instance of Lanao and
Natancop Indol, G.R. No. L-1888, and in Ismael Marohon vs. Court of First
instance of Lanao and Macaorao Balindong,^[1] G. R. No. L-1889, said that an allegation
that the protestants filed certificate of candidacy and an allegation that they
were candidates, mean the same thing. He further said that jurisdictional facts
need not have to be recided in precise and technical form, although that may be
the better practice in proper cases; that when, from the allegations of the
pleadings, taken together, the matters required to be averred may be gathered,
the court will entertain jurisdiction.

The allegation in the above cases relative to the filing of a certificate of
candidacy was much loss specific than the allegation which has been held
insufficient in the present case.

With reversal of the order from which this appeal has teen taken, tho Court
of First Instance of Leyte is hereby ordered to proceed with the trial of the
protest on the merits. The protestee and appellee will pay the cost of this
appeal.

Parás, Feria, Perfecto, and Briones, JJ., concur.

Pablo, Bengzon, and Padilla, JJ., concur in the
result.

---

^[1] 80 Phil., 506.