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David Q. Sandalo vs. Commission on Elections, et al.

DAVID Q. SANDALO, petitioner, vs. COMMISSION ON ELECTIONS and PACIFICO D. ALBURO, respondents.

G.R. No. L-52737 | 1981-08-31

D E C I S I O N


AQUINO, J.:

In the election of January 30, 1980, Pacifico D. Alburo was an official candidate of the Kilusang Bagong Lipunan for mayor of Tubay, Agusan del Norte. David Q. Sandalo was the official candidate of the Nacionalista Party.

On January 16, 1980, Alburo (he was the incumbent mayor) filed with the Commission on Elections a petition to disqualify Sandalo on the ground of turncoatism. Sandalo answered the petition. The case was not decided before the election.

On January 31, 1980, or the day after the election, the municipal board of canvassers proclaimed Sandalo as the duly elected mayor with a margin of 455...