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Jimmy S. De Castro vs. Commission on Elections, et al.

JIMMY S. DE CASTRO, petitioner vs. THE COMMISSION ON ELECTIONS and AMANDO A. MEDRANO, respondent

G.R. No. 125249 | 1997-02-07

D E C I S I O N


HERMOSISIMA, JR., J.:

Before us is a petition for certiorari raising twin issues as regards the effect of the contestant's death in an election protest: Is said contest a personal action extinguished upon the death of the real party in interest? If not, what is the mandatory period within which to effectuate the substitution of parties?

The following antecedent facts have been culled from the pleadings and are not in dispute:

Petitioner was proclaimed Mayor of Gloria, Oriental Mindoro during the May 8, 1995 elections.

In the same elections, private respondent was proclaimed Vice-Mayor of the same municipality.

On May...