EVELYN ABEJA v.

JUDGE FEDERICO TAÑADA

One Liner: Public office is personal to the incumbent and is not a property which passes to his heirs

FACTS:
In 1992, Rosauro Radovan was declared the winner of the mayoralty elections in Pagbilao, Quezon. His
rival, Evelyn Abeja, filed an election protest where she questioned the results in 22 precincts. Radovan
filed a counter protest where he questioned the results in 36 precincts with counterclaim for damages.
Abeja then caused the revision of the ballots covering the 22 precincts and paid the expenses therefor.
Abeja then urged Radovan to cause the revision of the 36 precincts he is questioning. Radovan however
refused and so Abeja filed a motion that a judgment be rendered based on the results from the 22
precincts. The original judge did not rule on the motion before he was transferred. Before the judge
could be replaced, Radovan died. Radovan was then substituted by the vice mayor (Conrado de Rama)
and Radovan’s wife, Ediltrudes. Ediltrudes substituted his deceased husband insofar as the latter’s
counterclaim for damages is concerned.

In 1993, the new judge, Federico Tañada ruled that Abeja’s motion is premature because the 36
precincts are not yet revised. Tañada agreed with Radovan that the 36 precincts may only be revised if
Abeja can show that she (Abeja) leads by at least one point vote over Radovan.

ISSUE: w/n Substitution was proper? NO

HELD:
We also find as erroneous the substitution of the deceased Rosauro Radovan's widow, Ediltrudes
Radovan, on the ground that private respondent had a counter-claim for damages. "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