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Taule v. Santos
Taule v. Santos
Taule v. Santos
Balgos & Perez and Bugaring, Tugonon & Associates Law Offices for
petitioner.
Juan G. Atencia for private respondent.
SYLLABUS
DECISION
GANCAYCO, J : p
When the group decided to hold the election despite the absence of
five (5) of its members, the Provincial Treasurer and the Provincial Election
Supervisor walked out.
The election nevertheless proceeded with PGOO Alberto P. Molina, Jr.
as presiding officer. Chosen as members of the Board of Directors were
Taule, Aquino, Avila, Jacob and Sales.
Thereafter, the following were elected officers of the FABC:
- Ruperto
President
Taule
Vice-President - Allan Aquino
Secretary - Vicente Avila
Treasurer - Fidel Jacob
Auditor - Leo Sales 1Â
Â
8. Amended by Department of Local Government Circular No. 89-15 issued on July
3, 1989.
9. Sec. 2 (2), Art. XII-C, 1973 Constitution provides as follows — "The Commission
on Elections shall have the following powers and functions: . . . (2) Be the
sole judge of all contests relating to the elections, returns, and qualifications
of all members of the Batasang Pambansa and elective provincial and city
officials . . ."
10. Sec. 9, Republic Act No. 6679; Sec. 252, Batas Pambansa Blg. 881.
11. Sec. 9, Republic Act No. 6679; Sec. 253, Batas Pambansa Blg. 881.
15. Ibid.
18. Cebu Institute of Technology vs. Ople, 156 SCRA 632 (1987); People vs.
Maceren, 79 SCRA 450 (1977); Philippine Blooming Mills Co., Inc. vs. Social
Security Commission, 17 SCRA 1077 (1966).
19. Pilipinas Shell Petroleum Corporation vs. Oil Industry Commission, 145 SCRA
433 (1986).
21. Ibid.
24. Ibid.
25. Pelaez vs. Auditor General, 15 SCRA 569 (1965); Hebron vs. Reyes, 104 Phil.
175 (1958); Mondano vs. Silvosa, et al., 97 Phil. 143 (1955).
27. Ibid.
30. Sec. 3 (2), Chapter 1, Title XII, Book IV, Administrative Code of 1987.
31. Webster's Third New International Dictionary, 1971 ed., page 1460.
32. See Serafica vs. Treasurer of Ormoc City, 27 SCRA 1108 (1969).
33. B.P. Blg. 129, Sec. 19. provides as follows. — " Jurisdiction in civil cases. —
Regional Trial Courts shall exercise original jurisdiction: . . . (6) In all cases
not within the exclusive jurisdiction of any court, tribunal, person or body
exercising judicial or quasi-judicial functions."
35. Romualdez III vs. Civil Service Commission and Philippine Ports Authority, G.R.
Nos. 94878-94881, May 15, 1991; Baltazar vs. Court of Appeals, 104 SCRA
619 (1981).
38. Sec. 2.3.2, DLG Circular No. 89-09, where only the incumbent president
initially presides over the reorganizational meeting.
39. Sec. 2.5, DLG Circular No. 89-09 which provides that the incumbent Regional
FABC President or the vice-president or the member of the Board in
succession shall temporarily preside in the reorganizational meeting.
46. Sec. 173 of B.P. Blg. 337 provides as follows —, " Composition and
Compensation. — (1) The sangguniang panlungsod, as the legislative body of
the city, shall be composed of the vice-mayor, as presiding officer, the
elected sangguniang panlungsod members, and the members who may be
appointed by the President of the Philippines consisting of the presidents of
the katipunang panlungsod ng mga barangay and the kabataang barangay
city federation.
   Sec. 3 of B.P. Blg. 51, "Cities. — There shall be in each city such elective
local officials as provided in their respective charters, including the city
mayor, the city vice-mayor, and the elective members of the sangguniang
panlungsod, all of whom shall be elected by the qualified voters in the city. In
addition thereto, there shall be appointive sangguniang panlungsod
members consisting of the president of the city association of barangay
councils, the president of the city federation of the kabataang barangay, and
one representative each from the agricultural and industrial labor sectors
who shall be appointed by the President. . . . "
48. Ibid.