Millare vs.

Gironella
G.R. No. L-61586 May 30, 1983

Who File Jurisdictio Grounds Filed What/Prayer Disqualificat Ruling

n ion
Before/After
Actual
Election
Alfredo Municipal Isidro Millare was not an Disqualification Before Municipal Circuit Judge of
Elvea Circuit actual resident of the said Case (Barangay Actual Tayum, Judge Adriano
(respondent) Court of barangay for at least six Election Case No. 48) Election Bernardino, issued an order
Tayum, months prior to the elections, (May 10, striking out Millare's name
Abra as required by Section 7 of 1982) from the voters' list and
Batas Pambansa Blg. 222. declaring him disqualified to
run as barangay captain of
barangay Budac

Isidro Millare Municipal Motion for a Denied. But, Millare's

Circuit reconsideration name was allowed to
Court of remain in the voters' list.
Tayum, Millare received a copy of
Abra
the order denying his
motion for reconsideration

No Appeal made by Isidro Millare in the orders in Election Case No. 48
Isidro Millare Municipal
Circuit
Court
the election protest may
not be availed of as a
means of appealing the
decision dated May 16,
1982 in Election Case No.
48 which declared Millare
as disqualified as a
candidate and which had
already become final and
executory, there having
been no appeal taken from
the same.
Isidro Millare Court of For Review on certiorari on
First Questions of Law
Instance of
at 3:00 o'clock in the
afternoon of May 16,
1982, which was a
Sunday, the eve of
election day.
annulment of the After Actual dismissed the election
proclamation of Election protest for lack of merit
Elvea and for a (May 20,
declaration that he 1982)
(Millare) was the duly
elected Barangay
Captain of barangay
Budac (Election
Protest No. 49)
Millare asked that the Denied.
ballot boxes be When placed on the
reopened so as to witness stand, Millare
show to the court that was not allowed to testify
he got more votes
on the ground that he had
than Elvea
already been disqualified
as a candidate.
appealed the order of affirmed the decision of
dismissal of Election the Municipal Circuit
Protest No. 49
 Tayum Court in Election Protest
No. 49.

Isidro Millare SC Petition for Review on

certiorari on Questions of
Law