Republic of the
PhilippinesSUPREME COURTEN BANC
THE UNITED STATES,
Plaintiff-Appellee,
G.
R.
No. L-6457
March
2, 1911
-versus-
ISIDRO MADAMBA,
Defendant-Appellant.
D E C I S I
O N
TRENT,
J:
This is an appeal from
a Judgment of the Court of First Instance of the Second Judicial
District,
Honorable Dionisio Chanco presiding, condemning the defendant, Isidro
Madamba,
to pay a fine of P200 and the costs of the cause for the crime of
having
violated the provisions of paragraph 8, Section 29, and paragraph 20,
Section
30, of the Election Law.
A vacancy having
occurred
in the office of Municipal President of the town of Dingras, Province
of
Ilocos Norte, the Provincial Board, by resolution, approved October 30,
1908, appointed the defendant, Isidro Madamba, to fill this vacancy.
Immediately
thereafter, Madamba accepted the appointment and after qualifying,
entered
upon the duties of his office. On the 2nd of August 1909, Madamba
presented
his resignation, in writing, as such appointed president, to the
Provincial
Board, for the purpose of becoming a candidate for the same office at
the
general election to be held on the 2d day of November of that year. His
resignation was accepted on the 18th of that month and he received
notification
of such acceptance on the 25th of the same month. Upon receipt of this
notice, he then ceased to perform the functions of that office and to
receive
the emoluments attached thereto. He then publicly announced to the
voters
of that municipality that he was a candidate for the office of
Municipal
President. These facts are not disputed.
Paragraph 8, Section
29, of the Election Law, as amended by Section 3 of Act No. 1948, reads
as follows:
"No person, except
a notary public, holding any appointive public office or employment, or
any public office or employment by appointment, shall, within ninety
days
preceding any general election, or within sixty days preceding any
special
election, announce his candidacy for or be eligible to hold any
elective
public office or employment to be filled at such general or special
election.
No person holding an elective public office to which such person has
been
elected shall present his candidacy, nor shall he be eligible while
holding
such office, at any municipal, provincial or Assembly election, except
for reelection to the office held by him. Resignations tendered for
electoral
reasons shall be accepted without delay by the officer or person called
upon to accept them. The resignations mentioned in this section shall,
in the case of Delegates to the Philippine Assembly, be tendered to the
Speaker thereof. No judge of the Court of First Instance, justice of
the
peace, provincial fiscal, or officer or employee of the Bureau of
Constabulary
or of the Bureau of Education, or provincial treasurer, shall aid any
candidate,
or influence in any manner or take any part in any municipal,
provincial,
or Assembly election under penalty of being deprived of his office and
being disqualified to hold any public office whatever for a term of
five
years: Provided, however, That the foregoing provisions shall not be
construed
to deprive any person otherwise qualified of the right to vote at any
election:
And provided further, That the tender in writing of a resignation
within
the time hereinabove fixed shall be held to be a compliance with the
requirements
of this section."
Paragraph 20, Section 30,
of the Election Law provides that:
"Any person who,
being
disqualified for an office for any reason other than nonpayment of
taxes,
publicly announces his candidacy for any elective office, shall be
punished
by a fine of not less than two hundred pesos nor more than five hundred
pesos."
From the date [August 2nd]
of the presentation by the defendant of his resignation in writing to
the
second of November, the date on which the general election was held, is
a period of ninety-one days, excluding both dates. He, therefore, did
not
present his resignation within the ninety days specified in the Section
above quoted. It will be noted that the last part of said Section reads:
"And provided
further,
That the tender in writing of a resignation within the time hereinabove
fixed shall be held to be a compliance with the requirements of this
section."
Under this provision, the
defendant complied with the law, and he then and there [on the second
day
of August] ceased to be such municipal president by appointment, and
from
that date to the twenty-fifth of the month he was de facto municipal
president
for the purpose of this case.
The intention of the
Legislature in amending paragraph 8, Section 29, of the Election Law,
in
the manner above set forth was to cover such cases as the one under
consideration.
For these reasons,
the judgment appealed from is reversed and the defendant acquitted,
with
costs de oficio. So ordered.
Arellano, C.J.,
Mapa, Carson and Moreland, JJ., concur. |