Back

Regatcho, Teofilo vs. Emmanuel G. Cleto, et al.

TEOFILO REGATCHO, petitioner, vs. JUDGE EMMANUEL G. CLETO, Court of First Instance of Pangasinan, Lingayen Branch II, and ISABELO CLEMENTE, respondents.

G.R. No. L-61946 | 1983-12-21

D E C I S I O N


AQUINO, J.:

This case involves the issue of whether a quo warranto proceeding against a barangay captain on the ground of illiteracy falls within the jurisdiction of the Court of First Instance, now Regional Trial Court, or the Commission on Elections, as held by respondent Judge in his dismissal order of July 27, 1982 which was appealed to this Court under Republic Act No. 5440 (Civil Case No. 15792).

In the election of May 17, 1982 held at Barangay Bolaoen, Sual, Pangasinan, Isabelo Clemente obtained ninety-seven votes while Teofilo Regatcho obtained seventy votes for barangay captain. Clemente was proclaimed the...