GENARO NATASO, PETITIONER VS. HON. JOSE L. MOYA, ET AL., RESPONDENTS.

This is a petition for writs of certiorari and injunction to. annul
certain orders entered by the Court of First Instance of Camarines Sur
in Election Case No. 4754 and to restrain it from further proceeding
with the hearing of the case.

It appears that after the general elections held on 10 November 1959
the Municipal Board of Canvassers of the municipality of Del Gallego,
province of Camarines Sur, after canvassing the election returns of all
the precincts of the municipality proclaimed on 12 November 1959
elected, in addition .to the mayor and vice mayor, the following as
councilors:

1. Celerina Talan
2. Jose Vereceluz
3. Senador Atenas
4. Francisco Belgica
5. Jose Mendoza
6. Genaro Natano (under proi* Election Case No. 4754) (Annex A of the petition in Election Case No. 4754)

On 13, November 1959 the Board of Election Inspectors of precinct
No. 8-A signed a certification to the effect that Silverio Balanlayos,
a candidate for councilor, obtained 99 votes as reported and submitted
by the Board of Inspectors to the Municipal Treasurer (C.E.P. No.
Election Result) but failed to write his name and the 99 votes east for
him in the Election Return, E. F. No. 23 (Annex G).

On 16 November 1959
the Municipal Board of Canvassers of the municipality of Del Gallego
again met, and taking note of the inadvertent omission in the Election
Return of precinct No. 8-A of the name of candidate Silverio Balanlayos
and 99 votes cast for him, the Board passed Resolution No. 1,
certifying and proclaiming as the duly elected councilors of the
municipality of Del Gallego, Camarines Sur, the following candidates—

                                                                     

1. Celerina Talan	No. of votes: 1,140
2. Jose Vereceluz	No. of votes: 1,129
3. Senador Atenas	No. of votes: 1,087
4. Silverio Balanlayos	No. of votes: 1,073 ‘
5. Francisco Belgica	No:’of votes: 1,061
6. Jose Mendoza	No. of votes: 1,041 (Annex D).

On 28 November 1959, in the Court of First Instance of Camarines
Sur, respondent Silverio Balanlayos filed a petition, docketed as
Election Case No. 4754, wherein after reciting the foregoing facts he
prayed that after hearing judgment be rendered— .

a. Declaring the proclamation of respondent Genaro
Natano as councilor-elect of Del Gallego, Camarines Sur, in the last
November 10. elections, by the Municipal Board of Canvassers of Del
Gallego as embodied in C. E. Form No. 29, null and void;

b.
Declaring Resolution No. lf dated November 16, 1959, of the Municipal
Board of Canvassers of Del Gallego, legal and valid,. consequently
declaring petitioner Silverio Balanlayos’ one of the elected councilors
of Del Gallego, Camarines Sur, in the last November 10 elections;

c.
That in the remotest possibility that subparagraph (6) may wijt bo
given favorable consideration, to’ order and authorize ths Municipal
Board of Canvassers o£ Del Gallego, Camarines Sur, to open the ballot
box of Precinct No. 8—A,.now in the custody of the Municipal Treasurer
of Del Gallego, to retrieve the official tally sheet therein of the
Board of Election Inspectors of said ‘ Precinct No. 8-A to check or
find out the true and correct number of votes east in favor of
petitioner Silverio Balanlayos, and that whatever votes petitioner
Balanlayos obtained in said precinct be credited to or counted in his
favor in addition to the number of votes that he obtained in all other
precincts, and the sum total thereof be made the basis in the
computation’ in the consideration of the six (6) would be councilors
of. Del Gallego in the last November 10 elections;

d. To
order the said Municipal Board of Canvassers of Del Gallego, Camarines
Sur, proclaim the first six councilors elected m the last November 10
elections in Del Gallego who garnered the first six highest number of
votes;

e. To order respondents pay the cost of this petition; and

f. For such other reliefs that this Honorable Cotirt may deem jusfc and equitable under the premises.

On 28 December 1959 respondent Genaro Natafio filed a motion to
dismiss and on 15 January 1960 petitioner Silverio Balanlayos, an
objection thereto. The motion wa# denied. On 22 February 1960 a motion
for reconsideration of the order denying the motion to dismiss was
filed. On 26 February, the motion was denied for the reason that the
respondent therein, petitioner herein, was not proclaimed. On 8 March;,
a second motion for reconsideration and on 18 March, ah objection
thereto, were filed. The last motion was also, denied on 21 March 1960
for the same reason as, that stated in the previous order, and the
court directed the respondent therein, to file his answer.

Considering that the proclamation of the herein petitioner as the
sixth elected councilor of the municipality of Del Gallego, Camarines
Sur, is disputed, respondent JSilverio Balanlayos contending that the
former was not proclaimed as such, and this contention seems to find
support in Resolution No. 1 passed or adopted by the Municipal Board
of Canvassers on 16 November 1959 which in turn is supported by the
certification signed and issued on 13 November 1959 by the precinct
board of inspectors concerned, and there being a discrepancy between
the election return where the name of the respondent Balanlayos and the
number of votes he had obtained in the precinct ;referred to at such
election were omitted or left put and the report of the precinct board
of inspectors submitted to the municipal treasurer of Del Gallego, the
controversy comes under the provisions of section 168 in connection
with section 163 of the Revised Election Code and not under the
provisions of section 174 of the same Code.

The petition for a writ of certiorari is denied and. the writ of
preliminary injunction issued heretofore is dissolved, with costs
against the petitioner.

Bengzon, C. J., Bautista Angelo,, Labrador, Concepcion, Reyes, J. B. L., Barrera, Paredes, Dizon, Regala and Makalintal, JJ., concur.