KARE vs PLATON G.R. No.35902 October 28, 1931

 

KARE v PLATON

G.R. No.35902 October 28, 1931

 

PETITIONER: EXEQUIEL KARE

RESPONDENTS: SERVILLIANO PLATON, Judge of First Instance of Albay, FRANCISCO PERFECTO, SULPICIO V. CEA, GERONIMO O. VIBAL, AGRIPINO SEGOVIA, FELIPE GARCIA

 

FACTS:

·       Original action arising from an election contest with reference to the office of third member of provincial board of Albay.

·       Kare filed a writ of prohibition against Judge Platin requiring him to desist and refrain from having his order of July 11, 1931 executed or enforced.

1.      Kare filed a motion of protest in CFI Albay contesting the election of Francisco Perfecto;

2.      Judge Platon on his July 11, 1931 order, required Kare to give two kinds of bond in order that proper proceedings might be taken on his motion of protest:

1.      A personal bond for Php 3,000 (later changed to Php 3,500)

2.      A cash bond of Php 2,000 (later changed to Php 1,500)

·       The bond must be deposited with the provincial treasurer of Albay within specified time.

·       Kare invoked SECTION 482 of ELECTION LAW to support his contention.

·       Section 482, Election Law:

              “Bond or cash deposit required of contestants—Before the court shall entertain any such contest or counter-contest or admit an appeal, the party filing the contest, counter-contest, or appeal shall give bond in an amount fixed by the court with two sureties satisfactory to it, condition that he will pay all expenses and costs incident to such motion or appeal, or shall deposit cash in court in lieu of such bond. * * *”

 

HEADING:  “Bond or cash deposit required of contestants”

·       Judge Platon also bases his action on the same section and also upon SECTION 479 lately amended by ACT NO. 2699.

·       Kare contends that the right to choose between giving a personal bond and depositing a sum of money in lieu thereof is granted only to the contestant or appellant.

 

 

HELD:

·       There be any conflict between the heading of the section under the question and the body, it must be settled according to the canons of statutory construction.

·       Headings must be consulted in aid of the interpretation in case of doubt or ambiguity but it must be presumed and held that the provisions of each article are controlling upon the subject thereof and operate as a general rule for settling such questions as are embraced therein.

·       Applying this rule, it will seem that Section 482 provides that before the court entertains any contest or counter-contest or admits an appeal, the party filling such shall give bond with two sureties to the satisfaction of the court or deposit cash in court in lieu of such bond.

·       JUDGE PLATON: the court may require either a bond oR cash deposit

·       KARE: it is to him alone the choice is given to file a personal bond or cash deposit

·       THE COURT MAY ONLY REQUIRE A PERSONAL BOND, AND THAT THE CONTESTANT MAY MAKE A CASH DEPOSIT IN LIEU THEREOF.

PETITION DENIED.