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Nunez vs. Averia, et al.

CONSTANTINO A. NUNEZ, petitioner, vs. HON. ALBERTO V. AVERIA and EDGARDO H. MORALES, substituted by RODOLFO DE LEON, respondents.

G.R. No. L-38415 | 1974-06-28

D E C I S I O N

TEEHANKEE, J:

The Court sets aside respondent court's questioned order of dismissal of the pending election protest before it on the authority of its recent decision of April 15, 1974 in Cases L-36927-28, L-37715 and L-38831 1 ruling that courts of first instance "should continue and exercise their jurisdiction to hear, try and decide the election protests" filed before them.

Petitioner is the protestant in Election Case No. TM-470 of respondent court contesting the November 8, 1971 election results in certain precincts for the mayoralty of Tarnate, Cavite on the ground of fraud, irregularities and corrupt practices. Original...