Badelles vs. Cabili, 27 SCRA 11, February 27, 1969

Facts: Mariano Badelles together with Bonifacio P. Legaspi and Cecilia T. Barazon who along with the five protestees  were among those who were registered candidates voted for in such election for councilors in the City of Iligan, who contested the election of Honorable Camilo P. Cabili to the Office of City Mayor of the said city.

It was then alleged that there are irregularities on the said election and that illegal votes were cast by those not qualified to do so. Protestees moved to dismiss in different suits the petition on the following grounds:

1. That the protest was filed beyond the reglementary period allowed by the Revised Election Code;

2. That the lower court has no jurisdiction over the subject matter of the present case, the Commission on Elections being the proper body to hear the same;

3. That the complaint states no cause of action.

         On march 23, 1968, in a single order, the election protests were dismissed based on the lack of a cause of action.

Issue: Whether or not the dismissal issued by COMELEC on March 23, 1968 is valid.

Held: No. The election law has no justification except as a means for assuring a free, honest and orderly expression of their views. It is of the essence that corruption and irregularities should not be permitted to taint the electoral process.