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Jose Lino Luna Vs. Eulogio Rodriguez 036 Phil 401

JOSE LINO LUNA, petitioner, vs. EULOGIO RODRIGUEZ, respondent.

G.R. No. 12581 | 1917-03-13

D E C I S I O N


MORELAND, J.:

This is an action based upon the alleged usurpation of a public office, that of governor of the Province of Rizal, in which a demurrer was filed to the complaint. The question before us arises on the issues framed by the demurrer.

After setting out the election of the defendant, the complaint alleges that: "The plaintiff duly began a contest in the Court of First Instance of Rizal the said election, and, while the said contest was pending decision, the defendant took possession of the office to which he was elected on the 16th of October, 1916, by virtue of a certificate of election issued to him by the...