EN
BANC
EULOGIO
RODRIGUEZ
AND GRACIANO JUTA,
Petitioners,
G.
R.
No. 15154
March
25, 1919
-versus-
THE
MUNICIPAL
COUNCIL
OF TAGIG [RIZAL PROVINCE],
COMPOSED
OF JOSE
PAGTAKHAN, PRESIDENT;
ANTERO
IGNACIO,
VICE PRESIDENT' AND PONCIANO
CAPISTRANO,
JOSE
AQUINO, ANASTACIO YAMSON,
ANTONIO
CRUZ, DONATO
CRUZ, BENITO GARCIA,
FORTUNATO
D. DEL
SOL AND GRACIANO JUTA, COUNCILORS,
Respondents.
D
E C I S I
O N
JOHNSON,
J:
Considering
all the facts
alleged in the petition and answer in relation with the arguments of
the
respective counsel; and
Considering the
provisions
of the Administrative Code with special reference to Sections 417 and
453,
which have relation to such facts; and
Considering the fact
that the petitioners are members of a political party which is the
successor
of the political parties which existed at the last election, and
Considering
that its predecessors cast at least thirty percent of the votes in the
municipality of Tagig; and
Considering that the
spirit, if not the letter, of the law requires, in the interest of
harmony
and good government, the municipal council of said municipality to
appoint
at least one inspector who shall represent said party for each
precinct,
at the coming elections;
It is, therefore,
hereby
ordered and decreed that the remedy prayed for in the petition be
granted
and that a peremptory order be issued immediately against said
respondents
ordering said municipal council and each of the members thereof to
revoke
the resolution adopted by them on March 2, 1919, with regard to the
appointment
of three members of the Nacionalista Party [Nacionalistas] as
election
inspectors in each of the electoral districts of said municipality, and
in its stead, to adopt a resolution to name, and should name, among the
three election inspectors in each district, Uldarico Yumping in the
first
district and Victor Natividad in the second, or those persons who, in
the
place of the last two named, may be proposed by the Democratic Party.
Each
and every one of the respondents, with the exception of Graciano Juta
who
is also one of the petitioners, is hereby sentenced to pay the costs of
the proceeding. So ordered.
Arellano, C.J., Torres,
Araullo, Street, Malcolm, Avanceña and Moir, JJ., concur. |