Tuesday, February 24, 2009

CABRERA V. COMELEC (ELECTION, REMEDIAL)


The Rules of Procedure in Election Contests Involving Municipal Barangay Officials clearly command, in no uncertain terms THE FILING OF THE PRELIMINARY CONFERENCE BRIEF and compliance with the required contents of the said brief. By express language, the failure to comply therewith shall have the same effect as failure to appear at the preliminary conference, which, in turn, shall be sufficient cause for the dismissal of the protest.

Petitioner admitted himself that his preliminary conference brief did not contain essential statements required by the Rules. His abject disregard of the express mandate of the Rules must bear dire consequences, for following the Rules, his protest must now be dismissed.

The Rules should not be taken lightly. They were purposely adopted to provide an expeditious and inexpensive procedure for the just determination of election cases before the courts.

The PRELIMINARY CONFERENCE ANS ITS GOVERNING RULES ARE NOT MERE TECHNICALITIES WHICH MAY BE IGNORED. They are tools meant to expedite the disposition of election cases and must perforce, be obeyed.

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