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Yap vs. CFI of Zambales, et al

ROBERTO A. YAP, petitioner, vs. THE COURT OF FIRST INSTANCE OF ZAMBALES and PEDRO EBALO, respondents.

G.R. No. 46117 | 1938-08-15

D E C I S I O N


VILLA-REAL, J:

In the general elections held on December 14, 1937, in the municipality of Candelaria, Province of Zambales, the petitioner Roberto A. Yap and the respondent Pedro Ebalo were candidates for the position of vice-mayor. After the canvassing was made, it was found that each of said candidates had obtained 350 votes.

On December 17, 1937, the municipal council of Candelaria, acting as a municipal board of canvassers, proclaimed, by resolution No. 56, the herein petitioner Roberto A. Yap, vice-mayor elect of said municipality.

Upon being notified of the proclamation, the respondent complained of the act of...