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Abbu vs. Teves, et al.

TEODULO E. ABBU, petitioner, vs. HON. BERNARDO TEVES, as Judge of the Court of First Instance of Camiguin; JULIO A. VIVARES, as Municipal Mayor of Mambajao, Province of Camiguin; MARCIANO LL. APARTE, JR., TORCUATO J. REYES, GIL G. FABE, and IGNACIO PE?ALO

G.R. No. L-33400 | 1973-01-31

D E C I S I O N

FERNANDO, J:

In this petition for certiorari filed with this Court on April 12, 1971, an order of respondent Judge of September 23, 1970, was assailed. Respondent Judge saw no merit in a suit for mandamus filed by petitioner against the other respondents to require them to recognize petitioner as a duly elected councilor of Mambajao, thus enabling him to attend sessions of the Municipal Council of Mambajao and to perform his other duties and functions as such official. Such order of dismissal, as set forth in the petition, was premised on the doctrine that in effect, the suit was one for quo warranto, which should have...