FORTUNATO MAGTAOS, JR., ARTURO FABIAN, JOSE CARLOS, PANTALEON VALENZUELA, CARLOS MARCELO, AND BENJAMIN AUSTRIA, PETITIONERS, VS. HON. CECILIA MUÑOZ PALMA, JUDGE OF THE COURT OF …

Upon consideration of the petition for mandamus with
preliminary mandatory injunction, and the return thereto of respondents, and
the case having been submitted, after oral arguments, for judgment; and it
appearing upon the averments of the verified petition before this Court (1)
that attempts to personally serve copies of the petitions for exclusion upon
respondents in Election Cases Nos. 39 to 55 of the Court of First Instance of Rizal proved futile as they could not be found or were not
known in their given addresses; and (2) that service by registered mail could
not be effected as respondents therein are fictitious or are non-residents of
the Municipality of Cainta, Rizal;
(3) appearing further that the demands of due process have been satisfied as to
the respondents listed in said petitions below, the exclusion of whose names
from the List of Voters are prayed for therein, because notices of hearing have
been properly given by posting such notices at (a) Cainta
Municipal Building, (b) Bining’s Barber Shop, New
Provincial Road, Cainta, Rizal,
and (c) Garcia’s Sari-Sari Store, Wilson Street, Cainta,
Rizal, in accordance with the provisions of Sec. 1,
R.A. 5178 in conjunction with par. (b), Sec. 123 of the Revised Election Code,
and (4) considering that the motion to dismiss below hypothetically admits the
allegation of the petition, the Court RESOLVED: 
(1) to grant the petition for mandamus herein and to declare
permanent the preliminary mandatory injunction issued by this Court on November
7, 1967; and (2) to direct respondent Judge to hear and promptly decide
aforesaid Election Cases Nos. 39 to 55, without costs.

SO ORDERED.

Concepcion, C.J., Reyes, J.B.L., Dizon, Makalintal, Bengzon, Zaldivar, Sanchez,
Castro, Angeles and Fernando, JJ., concur.