CANDIDO POBRE, PROTESTANT AND APPELLANT, VS. PEDRO QUEVEDO ET AL., PROTESTEES AND APPELLEES.

This is an appeal taken by the protestant Candido Pobre from an
order of the Court of First Instance of Ilocos Norte dismissing the election
protest filed by him against Pedro Quevedo and Fructuoso Carpio, on the ground
that the court did not acquire jurisdiction over said protest because the same
failed to state that copies thereof had been delivered to the sheriff in order
to give notice to and serve summons on the respondents as registered candidates
voted for.

In support of his appeal, the appellant assigns three alleged
errors as committed by the trial court, which simmers down to the following
single proposition: That the lower court erred in holding that it did not
acquire jurisdiction over the protest because the motion presented for that
purpose does not state that copies thereof were delivered to the sheriff in
order to give notice to and serve summons on the protestees as registered
candidates voted for, and in dismissing the protest.

In the election contest of Ferrer vs. Gutierrez David and Lucot
(43 Phil., 795), this court laid down the following doctrine:

“Under the provisions of Act No. 3030 the protestant does not
have to allege in his protest that all the candidates registered and voted were
duly notified, for under the amendment introduced by said Act, it is the sheriff
or his deputy, and not the protestant, who is bound to serve the notice and
summons to the protestee and the other registered and voted candidates (Palisoc
vs. Tamondong and Medina Cue, 43 Phil., 789).”

Moreover it is impossible to state in the protest that copies
of the same were delivered to the sheriff so that he might serve notice and
summons on the registered candidates voter for, since copies presuppose an
original, and as the latter is made before the copies, it cannot state something
which happened subsequent thereto.

On the other hand, we should not overlook the fact that in
order to confer jurisdiction on the Court of First Instance over an election
protest, it is sufficient to file a motion to that effect, stating the following
facts: (a) That the protestant has duly registered his candidacy and received
votes in the election (Tengco vs. Jocson, 43 Phil., 715); (b) that the protestee
has been proclaimed elected in said election (Manalo vs. Sevilla, 24 Phil.,
609); and (c) that the motion of protest was filed within two weeks after such
proclamation (Navarro vs. Veloso, 23 Phil., 625; Manalo vs. Sevilla, supra;
Hontiveros vs. Altavas, 39 Phil., 226), and it is not necessary to state that
copies of the same were furnished the sheriff to notify and summon the
protestees, inasmuch as the purpose of the summons is to give the court
jurisdiction over the persons of said protestees and not over the subject matter
in controversy. (Ferrer vs. Gutierrez David and Lucot, 43 Phil., 795).

The motion of protest in question contains all these requisites, and
hence, by virtue of the filing of said motion, the trial court acquired
jurisdiction to take cognizance of said protest. For the foregoing, and
following the doctrines cited above, we are of the opinion and so hold that the
trial court erred in dismissing the protest merely because said protest did not
state that the sheriff was furnished copies thereof, in order to give notice to
and serve summons on the registered candidates voted for.

In virtue whereof the order appealed from is revoked, and let
the case be remanded to the Court of First Instance of Ilocos Norte for further
proceedings, with the costs against the protestee and appellee Pedro Quevedo. So
ordered.

Avanceña, C. J., Johnson, Street, Malcolm, Villamor, Ostrand,
and Romualdez, JJ., concur.