Ronald
Allan Poe a.k.a. Fernando Poe, Jr., protestant, vs. Gloria
Macapagal-Arroyo, protestee.
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Facts: GMA was proclaimed by the congress
as duly elected President of the Philippines. Refusing to concede defeat, the
second-placer in the elections, FPJ, filed an election protest before the
Presidential Electoral Tribunal. However, the protestant died in the
course of his medical treatment at St. Luke’s Hospital. Now, the widow of FPJ, Mrs.
Jesusa Sonora Poe submitted a manifestation with urgent petition/motion to
intervene as a substitute for deceased protestant FPJ.
Issue:
Whether the widow may substitute/intervene for the protestant who died
during the pendency of the latter’s protest case.
Ruling: No. The court held in Vda. de De
Mesa that while the right to a public office is personal and exclusive to the
public officer, an election protest is not purely personal and exclusive to the
protestant or to the protestee such that the death of either would oust the
court of all authority to continue the protest proceedings. Hence, substitution
and intervention is allowed but only by a real party in interest. A real party
in interest is the party who would be benefited or injured by the judgment, and
the party who is entitled to the avails of the suit. Herein
movant/intervenor, Mrs. FPJ, herself denies any claim to the august office of
President. Thus, given the circumstances of this case, we can conclude
that protestant’s widow is not a real party in interest to this election
protest.
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