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Santiago A. Silverio vs. Pedro Castro

SANTIAGO A. SILVERIO, protestant-appellee, vs. PEDRO CASTRO (Deceased), protestee-appellant. MISAEL CLAMOR, intervenor-appellant.

G.R. No. L-23827 | 1967-02-28

D E C I S I O N 


BENGZON, J.P., J.: 

The returns of the November 12, 1963 election for Mayor of Cateel municipality, Davao province, per canvass of the Board of Canvassers showed that Pedro Castro received the highest number of votes for said office, 1,769; Santiago Silverio obtained the next highest votes therefor, 1,754; thus giving Castro a plurality of 15 votes. And in due time Castro was proclaimed elected and assumed the office. 

Silverio, on the other hand, filed on November 23, 1963 a protest in the Court of First Instance. A counter protest was filed by Castro. 

Subsequently and before hearing of the said election...