|
PERIOD TO FILE PETITION
"SEC. 3. Period to file
petition. – The petition shall be filed within ten (10)
days following the date of proclamation of the results of the election.
the subsequent payment of the
filing fee on June 6, 1997 did not cure the jurisdictional defect because
the said date which is deemed the actual date of filing the election
protest is twenty-five (25) days after the proclamation of the results of
the election on May 12, 1997 and, needless to state, way beyond the
ten-day reglementary period to file the same. In this regard, it bears
stressing that –
"The rule
prescribing the ten-day period is mandatory and jurisdictional
and the filing of an election protest beyond the period deprives the
court of jurisdiction over the protest.27
[Gallardo v. Rimando, 187 SCRA 463 [1990].] Violation
of this rule should not be taken lightly nor should it be brushed aside
as a mere procedural lapse that can be overlooked. The
rule is not a mere technicality but an essential requirement, the
non-compliance of which would oust the court of jurisdiction over the
case.
In Lim vs.COMELEC,28
[282 SCRA 53 [1997].] citing Kho vs. COMELEC,29
[279 SCRA 463 [1997].] this
court reiterated the long standing rule that a counterprotest must be
filed within the period provided by law, otherwise, the court acquires
no jurisdiction to entertain it.30
[See also Maliwanag v. Herrera, 25 SCRA 175 [1968].]
Miso
Relatedly, if the docket
fees are not fully paid on time, even if the election protest is timely
filed, the court is deprived of jurisdiction over the case."31
[Roquero v. COMELEC, 289 SCRA 150 [1998], citing Calucag v.
COMELEC, 274 SCRA 405 [1997] and Loyola v. COMELEC, 270 SCRA 404
[1997].] (Emphasis and
italics supplied).
MIGUEL
MELENDRES, JR., petitioner, vs. THE COMMISSION ON ELECTIONS and
RUPERTO P. CONCEPCION, respondents. [G.R. No. 129958. November 25,
1999]
 
For any
inquiries or comment, you may contact the WEBMASTER
Last Updated: Monday, April 23, 2001 12:26:39 AM
|
CCHOPE ELECTION
2001 