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Pedro Calano Vs. Pedro Cruz 091 Phil 247

PEDRO CALANO, petitioner-appellant, vs. PEDRO CRUZ, respondent-appellee.

G.R. No. L-5514 | 1952-05-07

D E C I S I O N


LABRADOR, J.:

This is an appeal from an order of the Court of First Instance of Bataan dismissing a complaint of quo warranto filed by petitioner herein Pedro Calano against respondent Pedro Cruz on two grounds, namely: (a) that the petition was filed beyond the seven-day period prescribed by Section 173 of the Revised Election Code, and (b) that petitioner has no legal capacity to sue, because his complaint does not allege that he was duly elected councilor of the municipality of Orion, and, therefore, has been deprived of his right to said position by virtue of the proclamation of the respondent as duly elected...