Cesar Tumulak, Vice Mayor of Samboan
CEBUPEDIA - Clarence Paul Oaminal (The Freeman) - June 8, 2016 - 12:00am

Cesar Tumulak was proclaimed by the Municipal Board of Canvassers of Samboan, Cebu as the duly elected Vice Mayor of Samboan, Cebu on the general election held on November 10, 1959.

Cesar Tumulak was the candidate of the Nacionalista Party. His partymates of the Nacionalista Party and proclaimed as Councilors were Demetrio Teves, Faustino Joville and Victoriano Benlot.

The proclamation of Cesar Tumulak and his fellow Nacionalista's was contested before the Court of First Instance of Cebu and was docketed as Election Case No. R-6398. The protestants losing candidates were Crispin Chan, Ignacio Singco, Sofronio Ferolino and Cosme Catipay. After hearing, Judge Amador E. Gomez on February 16, 1962 rendered judgment annulling 1,820 contested ballots of Crispin Tumulak and his partymates. The ground for the annulment of the ballots was that they were marked therefore the duly elected officials of Samboan, Cebu were the protestants, Crispin Chan, Ignacio Singco, Sofronio Ferolino and Cosme Catipay.

The decision of Judge Amador E. Gomez annulling the ballots and installing Crispin Chan and his fellow opposition candidates as the duly elected officials of Samboan, Cebu was reconsidered by Cesar Tumulak on February 22, 1962. The motion of reconsideration was denied by Judge Gomez.

Cesar Tumulak aggrieved of the decision of Judge Gomez, filed a notice of appeal on March 20, 1962 to the Court of Appeals. Cesar Tumulak then filed a petition for mandamus to compel the Court of First Instance of Cebu before the Supreme Court to give due course of their appeal in the election case and also to order the Crispin Chan and his fellow officials to vacate the positions of Vice Mayor and Councilors respectively held by them following their proclamation by the Municipal Board of Canvassers.

The case was then finally resolved by the Supreme Court on June 3, 1966. The issue to be resolved by the Supreme Court was whether or not the decision rendered by the Court of First Instance of Cebu involving offices of Vice Mayor and Municipal Councilors was appealable before the Supreme Court.

Considering the circumstance that cases appealed and reviewed by the Court of Appeals and eventually to the Supreme Court would usually take time, the latter said that the petition was moot and academic considering that the office of Vice Mayor and Municipal Councilors in dispute already expired on December 30, 1963.

Crispin Chan and his fellow opposition candidates who were installed as Vice Mayor and Councilors in 1962 were able to serve the remaining few months of Cesar Tumulak and fellow Nacionalistas. Cesar Tumulak was assisted by Vicente J. Francisco who became a lawyer on September 7, 1914 while Crispin Chan was assisted by Home C. Mella of Magallanes, Sorsogon who became a lawyer on March 2, 1949.

The general election was held on November 12, 1963, it was a simultaneous election for the Senate and Local Elections. The winning candidates of Samboan, Cebu in the 1963 elections were Florencio S. Rusiana, Mayor,  Bienvendio F. Aranas, Vice Mayor, while the Municipal Councilors: Eduardo Nellas, Emeteria V. Balbona, Olimpio Tolomea, Anacleto Ferrolino, Gregorio Ferrolino and Victoriano Gerodias.

The other officials of Samboan in 1963 were Dimas Omay as Municipal Secretary, Celerino Jumuad as Municipal Judge, Prumencio M. Maxilom as Treasurer, Catalino Dingal as Chief of Police and Dr. Vicente Jabagat as Health Officer.

DICK GORDON VALIE BARICANOSA
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