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Tiburcio, et al vs. MCM, et al

RUBEN TIBURCIO, BENJAMIN SAMSON, LUCIO CRUZ, and DANIEL SAN JOSE, petitioners, vs. THE MUNICIPAL COURT OF MARIKINA, PROVINCE OF RIZAL, THE BOARD OF ELECTION TELLERS OF BARRIO BARANGKA, MARIKINA, RIZAL and ALFONSO MENDOZA, respondents.

G.R. No. L-34374 | 1972-05-30

R E S O L U T I O N


FERNANDO, J:

Petitioners, the first named, Ruben Tiburcio, being then the barrio captain and the others being then barrio councilors of Barrio Barangka, Marikina, Rizal, 1 filed on November 18, 1971 a suit for certiorari and prohibition with preliminary injunction against the Municipal Court of Marikina and the other respondents. Its purpose was to restrain respondent Court from further proceeding with the recount of the ballots cast on the January 14, 1968 election in Barrio Barangka, Marikina, Rizal on the ground that there was no protest filed and that the party seeking judicial recount was without legal authority...