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Abeja Vs Tanada

1) Petitioner Abeja and respondent Radovan contested a mayoral election in 1992, with Abeja filing an election protest over 22 precincts and Radovan filing a counter-protest over 36 precincts. 2) Radovan died while the case was pending, and was substituted by the vice mayor and his surviving spouse. 3) The Supreme Court ruled that the substitution of the deceased's widow was erroneous, as public office is personal and does not pass to heirs upon death, so the widow had no right to pursue the counter-claim.

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Lilaben Sacote
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512 views1 page

Abeja Vs Tanada

1) Petitioner Abeja and respondent Radovan contested a mayoral election in 1992, with Abeja filing an election protest over 22 precincts and Radovan filing a counter-protest over 36 precincts. 2) Radovan died while the case was pending, and was substituted by the vice mayor and his surviving spouse. 3) The Supreme Court ruled that the substitution of the deceased's widow was erroneous, as public office is personal and does not pass to heirs upon death, so the widow had no right to pursue the counter-claim.

Uploaded by

Lilaben Sacote
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© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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ABEJA VS TANADA 236 SCRA 60 FACTS: Petitioner Abeja and respondent Radovan (deceased) were contenders for the

office of municipal mayor of Pagbilao, Quezon, in the 1992 elections. The election contest was a very close fight. Thereafter, Abeja filed an election contest covering 22 precincts. Consequently, Radovan filed a Counter-Protest covering 36 precincts. Radovan prayed that the ballots of the 36counter-protested precincts should only be revised and recounted if it is shown after the revision of the contested ballots of the 22 precincts that petitioner leads by at least one (1) vote. Radovan died with the case left on pendency. He was substituted by Vice-Mayor Conrado de Rama and, surprisingly, by his surviving spouse, Ediltrudes Radovan. The case was left by Judge Lopez and was turned over to Judge Tanada. In the interim, private respondent failed to commence the revision of the ballots in the counter-protested precincts. Eventually, the respondents prayed for the prompt resolution to the pending cases. ISSUES: Whether or not the surviving spouse of the Respondent has the right for a counter-claim on the matter? HELD: No. The substitution of the deceased Rosauro Radovan's widow, Ediltrudes Radovan, on the ground that private respondent had a counter-claim for damages is completely erroneous."Public office is personal to the incumbent and is not a property which passes to his heirs." The heirs may no longer prosecute the deceased protestee's counter-claim for damages against the protestant for that was extinguished when death terminated his right to occupy the contested office. Hence, SC granted the petition.

Lilaben A. Sacote

Law on Public Officers

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