Dumanjug, Cebu electoral protest of 1916
The election for municipal president of Dumanjug, Cebu in 1916 was between Basilio Serna (the incumbent) and Mariano Canete the challenger.
Basilio Serna was proclaimed winner of the election and defeated candidate Mariano Canete asked for a revision of the counting and Judge Adolph Wislizenus of the Court of First Instance of Cebu upheld the proclamation of Serna.
Mariano Canete, through his lawyers of the American law firm, McVean and Vickers, went to the Supreme Court and questioned the proceedings that took place in the court presided by Judge Adolph Wislzenus of the Court of First Instance of Cebu.
Named as respondents, aside from Municipal President Basilio Serna were Miguel Jakosalem, Leon Noel, Arsenio Climaco, and Roman Zozobrado.
The electoral protest commenced on the month of July 1916. Basilio Serna through his counsels, Pantaleon del Rosario and Nicolas Rafols, answered the protest of Canete.
Another lawyer, Guillermo Rubia, also took part in the proceedings and he entered his appearance on July 27, 1916. Judge Adolph Wislizenus on August 1, 1916 issued an order favoring the election of Basilio Serna.
Mariano Canete though his American lawyers went to the Supreme Court to challenge the decision of Judge Wislizenus. The Supreme Court en Banc through Justice Moreland on March 14, 1917 dismissed the petition of Canete.
The reason of the dismissal was that the Supreme Court did not understand what the petition was all about. It was in these words that the Supreme Court explained its decision:
"A court is not obliged, in order to know what the plaintiff's cause of action is, to search through a list of exhibits, more or less lengthy, and select what the court presumes the pleader intended to allege. The complaint itself must contain all of the facts necessary to establish plaintiff's cause of action is stated. If the pleader desires to refer to any motion or order or other proceedings and to make it a part of his complaint he must set out in the complaint itself the nature of the proceeding and the substance thereof in such a way as to show its relationship to and its effect upon the cause of action."
The Supreme Court then said:
"The petition not stating facts sufficient to warrant the relief prayed for the demurrer is sustained; and unless the plaintiff files an amended pleading within ten days the proceeding will be finally dismissed with costs. So ordered."
Basilio Serna served as Municipal President of Dumanjug, Cebu from 1913 to 1919 he was then succeeded by Diosdado Melgar from 1920 to 1922, then by Mariano Canete from 1922 to 1925. Esteban Zozobrado was Municipal President from 1926 to 1928.
Nicolas Rafols, the legal counsel of Serna, was a great son of Toledo City, Cebu. Rafols was a delegate of the 1934 Constitutional Convention, congressman, poet, writer and a contemporary of Don Vicente Yap Sotto. The street formerly named as Jazmin Street in Cebu City had been renamed by virtue of City Ordinance 973 enacted on July 5, 1977.
Nicolas Mercado Rafols who died on May 2, 1947 became a lawyer on October 12, 1912. Other members of the Rafols clan that became members of the Philippine Bar are: Virginia D. Rafols (admitted to the Bar on March 7, 1964), Felizardo D. Rafols (became a lawyer on January 31, 1961), Florentino C. Rafols of Samboan, Cebu was admitted to the Bar on January 25, 1952 and William Glen L. Rafols admitted to the Bar on May 8, 1997.
While the judge that presided the electoral protest in the Court of First Instance of Cebu, Adolph Wislizenus became a lawyer on July 10, 1914.
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