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Austria vs. Amante

BENEDICTO AUSTRIA, petitioner, vs. JOSE L. AMANTE, respondent.

G.R. No. L-959 | 1948-01-09

D E C I S I O N

BENGZON, J:

Benedicto Austria instituted this quo warranto proceeding to wrest from respondent Jose L. Amante the position of mayor of the municipality of San Pedro, Province of Laguna. He alleged he was peacefully discharging the duties of that office when on the third day of September, 1946, respondent Jose L. Amante unlawfully and forcibly took possession thereof with the assistance of some members of the military police.

Undisputed facts are these:

1. In the general elections of December 10, 1940, petitioner Benedicto Austria was elected municipal mayor of San Pedro, Laguna, and in the next month he qualified as...