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Primo Evangelista Vs. Hipolito Castillo 087 Phil 572

PRIMO EVANGELISTA, petitioner, vs. HIPOLITO CASTILLO, respondent.

G.R. No. L-2650 | 1950-10-27

D E C I S I O N


TUASON, J.:

This was an election Contest for the office of vice-mayor of Mabini, Batangas. The court of first instance declared the contestant the winner by 18 votes over the contestee, the latter appealed to the Court of Appeals, and the appellate court dismissed the appeal on the ground that the trial court's decision was unappealable. We are not requested to review the Court of Appeals' order of dismissal.

In the case of Lucena vs. Tan (G. R. No. L-2296, September 14, 1949, 47 Off. Gaz., 1121; 84 Phil., 548), the court said:

"Prima facie the proposed appeal will involve legal and factual questions.

"Now, is that...