Repol v. Comelec : 161418 : April 28, 2004 : J. Carpio : En Banc :
[G.R. NO. 161418.
April 28, 2004]
NOEL Y. REPOL,
ELECTIONS and VIOLETO CERACAS, Respondents.
D E C I S I O N
Petitioner Noel Y. Repol (Repol) filed this Petition for Certiorari1 on 21 January 2004 alleging that the Commission on Elections (COMELEC) First
Division2 committed grave abuse of discretion in issuing the Order dated 12 January 2004
(Order) in SPR Case No. 1-2004.
Order directed the parties to maintain the
STATUS QUO ANTE
which is the condition prevailing before the issuance and implementation of the
questioned Order of the court a quo dated January 5, 2004 in Election
Case No. T-001 entitled, Noel Y. Repol v. Violeto Ceracas.
Repol and private respondent Violeto Ceracas (Ceracas) were
candidates for Municipal Mayor of Pagsanghan, Samar in the 14 May 2001
elections. On 16 May 2001, Ceracas was proclaimed as the duly elected mayor
with 66 votes more than Repol.
On 23 May 2001, Repol filed an election protest before the
Regional Trial Court of Tarangnan, Samar, Branch 40 (trial court),
as Election Case No. T-001.
that fraud and other irregularities marred the elections in Precincts 3A, 5A
and 71, Repol prayed for revision of the ballots in these precincts.
Judge Francisco Mazo dismissed the election
protest on 28 August 2001. On certiorari, the COMELEC First Division
reversed the dismissal order of Judge Mazo in a Resolution dated 22 May 2002
for being issued with grave abuse of discretion tantamount to lack of
The COMELEC First
Division directed the trial court to reinstate the subject election protest,
conduct the revision of ballots from the protested precincts and render its
Decision with immediate dispatch.
18 September 2003, the COMELEC en banc denied Ceracass motion to
reconsider the Resolution dated 22 May 2002.
The COMELEC en banc affirmed in toto the reinstatement of
Repols election protest.
around, trial and revision of the ballots ensued with Judge Roberto A. Navidad
On 30 December 2003, the trial court declared Ceracass
proclamation void and proclaimed Repol the duly elected mayor of Pagsanghan,
Samar. The trial court explained thus:chanroblesvirtua1awlibrary
After a very careful study and meticulous and painstaking appraisal
of the contested ballots, the Court finds and so holds that the cheating and
commission of various frauds and irregularities in these three contested
precincts was massive, used many people to fill up the ballots including the
voters, connivance with those perpetrating the fraud and the members of the
Board of Election Inspectors, the perpetrators of the fraud enjoyed the luxury
of time to perpetrate the fraud and filling the ballots, that
filling up of some of the ballots was done
outside of the voting booth and it is not
difficult to finally find the answers to the questions of the Protestant
as to wherever and whatever happened to the 24 excess ballots it noted in
precinct 3A (Barangay Canlapwas) and 21 excess ballots in precinct 5A (Brgy.
From the foregoing peculiar facts and circumstances it is clearly
evident that the electoral fraud was perpetrated by the use of some ballots as
shuttles [lanzadera], by which device, the ballots of the voters who are not
skilled in the act of writing or whose fidelity to party is in doubt is
illegally written out for them by others.
It is likewise not hard to find the answers why the sisters in law
of the Protestee were illegally at the table of the BEI Chairman controlling
the voting process and even angrily and at the top of their voices demanding
that some voters be allowed to vote as illiterates even though there were no
proper identifications and indications that indeed they were illiterates. Or
why the Minutes of Voting in precinct 5A is not the printed one.
It only means that there was something to
After a very careful study, meticulous and painstaking appraisal of
the ballots the Court finds that the handwriting of one person in some of the
ballots in one precinct are also found in the other two precincts.
Thus, the handwriting in the ballots in Exhibits 1, 12, 24, 27, 37,
38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 51, 53 all in Precinct 3A (Canlapwas)
is the same handwriting
as in the
ballots in Exhs. 3, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 38, 39, 40, 56,
57, 58, 59
all in Precinct 5A (Sto.
and is also the same handwriting
in the ballots in Exhs. 3, 12, 13, 14, 25, 30, 36, 38, 41, 44, 49, 51, 52 all
in Precinct 7A (Buenos Aires).
The handwriting in the ballots in Exhs. 3, 6, 8, 9, 10, 13, 16, 19,
21, 22, 23, 26 all of Precinct 3A (Canlapwas) is the same handwriting in the
ballots in Exhs. 12, 34, 35, 37, 43, 44, 45, 49, 50, 51, 52, 53, 54, 55, 60,
61, 64, 65, 68, 69, 70, 71 all precinct 5A (Sto. Ninio) is the same handwriting
in the ballots in Exhs. 10, 26, 27, 28, 29, 36, 61, 62, 65, 66, 67 all of
precinct 7A (Buenos Aires).
Likewise, the other handwriting in the ballots in Exhs. 4, 48, 60,
61, 64 and 65 all in precinct 3A (Canlapwas) is the same handwriting in the
ballots in Exhs. 14, 15, 16, 17, 18, 19, 20, 21, 22 all in precinct 5A (Sto.
Ninio) is the same handwriting in the ballots in Exhs. 40, and 47 all in
precinct 7A (Buenos Aires).
Likewise, the handwriting in the ballots in Exhs. 11, 8, 20, 30 all
of Precinct 3A (Canlapwas) is the same handwriting in the ballots in Exhs. 46,
47, 48, 63 all in precinct 5A (Sto. Ninio).
In like manner, the handwriting in the ballots in Exhs. 2, 7, 14,
35, 36 all in precinct 3A (Canlapwas) is the same handwriting in the ballots in
Exhs. 6, 7, 36, all in precinct 5A (Sto. Ninio).
All these ballots should not be counted in favor of the Protestee.
Further, the following ballots are marked for their being written
with or unnecessary decorations serving to easily identify his vote.
Accordingly, they should not be counted in
favor of the protestee.
1.Exhibits 1, 2, 3, 4,
5, 6, 7, 8, 9, 10, 11, 12, 13 all of Precinct 5A (Sto. Ninio) and
2.Exhs. 1, 2 and 3 all
of precinct 7A (Buenos Aires).
Clearly, the will of the electorate was fraudulently substituted by
the will of the perpetrators of the fraud.
All in all a total of 142 votes had been illegally counted in favor
of the Protestee.
Deducting 66 from 142
we get a total of 76.
In other words,
the Protestant garnered a majority of 76 votes over that of the protestee.3 cralawred
In light of these findings, the trial court rendered judgment as
WHEREFORE, and in view of the foregoing, judgment is hereby
rendered DECLARING as null and void the proclamation of the Protestee and
instead hereby PROCLAIM AND DECLARE, NOEL Y. REPOL, the duly elected Mayor of
Pagsanghan, Samar in the May 2001 elections with a majority of 77 votes.4 cralawred
Repol filed before the trial court a motion for execution pending
On 5 January 2004, the trial
court granted Repols motion and issued a writ of execution.
Meanwhile, Ceracas appealed the trial
courts judgment to the COMELEC.
On 6 January 2004, Repol took his oath of office as the duly
elected mayor of Pagsanghan, Samar.
the same date, Ceracas filed before the trial court an omnibus motion to
reconsider, set aside and quash the writ of execution.
During the pendency of Ceracass appeal with the COMELEC and
without waiting for the trial court to resolve his omnibus motion, Ceracas
filed with the COMELEC a Petition for Certiorari (with prayer for
temporary restraining order, writ of preliminary injunction and/or status quo
ante) assailing the writ of execution, docketed as SPR No. 1-2004.5 On 12 January 2004, the COMELEC First Division issued the assailed Order
directing the parties to maintain the status quo
The Order reads in part:chanroblesvirtua1awlibrary
Acting on the Petition for Certiorari with Prayer for the issuance
of Temporary Restraining Order, Writ of Preliminary Injunction and/or Status
Quo Ante Order filed by Petitioner Violeto Ceracas through counsel on January
8, 2004, the Commission (First Division) hereby directs respondents to file
their Answer within ten (10) days from receipt hereof.
The application for the Writ of Preliminary Injunction shall be
heard on January 29, 2004 at ten oclock in the morning at the Comelec Session
Hall, Intramuros, Manila.
In the interest of justice and so as not to render the issues
moot and academic, the Comelec (First
Division) hereby directs the parties to maintain the
STATUS QUO ANTE
which is the condition prevailing before the issuance and implementation of the
questioned Order of the court a quo dated January 5, 2004 in Election
Case No. T-001, entitled, Noel Y. Repol v. Violeto Ceracas.
Accordingly, effective immediately, private respondent Noel
Repol, is hereby ordered to cease and desist from assuming the duties and
functions of Municipal Mayor of Pagsanghan, Western Samar until further
orders from this Commission.
meantime, petitioner Violeto Ceracas shall assume the post of Municipal Mayor
of Pagsanghan, Western Samar.
The Provincial Election Supervisor of Samar and the Provincial
Director of the Philippine National Police (PNP),
Catbalogan, Samar, are hereby
directed to immediately implement this Order and make a return of service
within five (5) days from the implementation thereof.
The Clerk of Commission is hereby directed to serve a copy of this
Order together with a copy of the Petition to each of the respondents.6 (Emphasis supplied)cralawlibrary
At the scheduled hearing on 29 January 2004, the COMELEC First
Division issued an order which reads in full:chanroblesvirtua1awlibrary
In todays hearing of the application for a Writ of Preliminary
Injunction prayed for in the above entitled petition, Atty. Sixto S. Brillantes
appeared for the petitioner, while Attys. Baltazar Y. Repol and Farah D. Repol
appeared for the private respondent.
Both parties argued on their respective legal positions.
In view of the pendency of the petition for certiorari filed by
private respondent with the Supreme Court questioning the status quo ante
issued on January 12, 2004, both parties are hereby given five (5) days from
today or until February 3, 2004 to file their respective memoranda on the issue
of whether this Commission can resolve on the Application for a Writ of
Preliminary Injunction despite the pendency of the said petition.
Parties may likewise include in their
memoranda authorities and arguments on the life span of a status quo ante Order
issued by the Commission.
with or without the said memoranda, the said issue shall be deemed submitted
Hence, the instant petition.
Repol raises the sole issue of
WHETHER THE COMELEC IS EMPOWERED UNDER ANY STATUTE, RULE, OR
JURISPRUDENCE TO ISSUE A STATUS QUO ANTE IN EFFECT OVERTURNING THE
EFFECTIVE ENFORCEMENT OF THE WRIT OF EXECUTION ISSUED BY THE TRIAL COURT AND
SUSPENDING INDEFINITELY, WITHOUT PRIOR NOTICE AND HEARING, THE IMPLEMENTATION
OF SUCH WRIT.7 cralawred
Repol argues that the COMELEC First Division acted with grave
abuse of discretion in issuing the status quo ante Order which
indefinitely suspended and effectively nullified the trial courts writ of
execution. Repol contends that the COMELEC First Division has no authority to
issue the Order after the trial court found the election in the protested
precincts marred by fraud and after the trial court considered meritorious the
grounds cited by Repol in his motion for execution pending appeal.
According to Repol, the law, rule and
jurisprudence limit the COMELECs power to issue temporary restraining orders
to a non-extendible period of 20 days from the date of issuance.
Ceracas agrees with Repol that the rules do not expressly grant
to the COMELEC the power to issue status quo ante orders.
However, Ceracas argues that the COMELECs
power to issue temporary restraining orders and preliminary injunctions
necessarily includes the power to issue status quo ante orders.
On the other hand, the Office of the Solicitor General (OSG)
appearing on behalf of the COMELEC, prays that the Court dismiss the instant
The OSG asserts that Repol
cannot challenge before this Court by way of a petition for certiorari an
interlocutory order issued by a COMELEC Division without first filing a motion
for reconsideration with the COMELEC en banc.
The Courts Ruling
The petition is meritorious.
Assail Interlocutory Orders
of the COMELEC in Division
Where the COMELEC in division allegedly committed grave abuse of
discretion or acted without or in excess of jurisdiction in issuing an
interlocutory order, the applicable rule is Section 5(c),
Rule 3 of the 1993
COMELEC Rules of Procedure, which states-
(a) x x x.
(b) x x x.
(c) Any motion to reconsider a decision, resolution, order or
ruling of a Division shall be resolved by the Commission en banc
motions on interlocutory orders of the division, which shall be resolved by the
division which issued the order
. (Emphasis supplied)cralawlibrary
The 12 January 2004 Order did not dispose of the case completely
as there is something more to be done.
Interlocutory orders merely rule on an incidental issue and do not
terminate or finally dispose of the case as they leave something to be done
before it is finally decided on the merits.8 Since
the COMELEC First Division issued the interlocutory Order of 12 January 2004,
the same COMELEC First Division should resolve Repols motion for
reconsideration of the Order. The remedy of the aggrieved party is neither to
file a motion for reconsideration for certification to the COMELEC en banc
nor to elevate the issue to this Court via a Petition for Certiorari
under Rule 65 of the Rules of Civil Procedure.
Section 5, Rule 19 of the 1993 COMELEC Rules of Procedure governs
motions for reconsideration of decisions of a COMELEC Division, as follows:chanroblesvirtua1awlibrary
How Motion for
Reconsideration Disposed of
Upon the filing of a motion
reconsider a decision,
resolution, order or
ruling of a Division,
the Clerk of Court concerned shall, within twenty-four (24) hours from the
filing thereof, notify the presiding Commissioner.The latter shall within two (2) days thereafter certify the case
to the Commission en banc.
Gementiza v. Commission on Elections,
9 the Courtexplained the import of this rule in this wise:chanroblesvirtua1awlibrary
Under the above-quoted rule, the acts of a Division that are
subject of a motion for reconsideration must have a character of finality
before the same can be elevated to the COMELEC en banc.
The elementary rule is that an order is
final in nature if it completely disposes of the entire case.
But if there is something more to be done in
the case after its issuance, that order is interlocutory.
Only final orders of the COMELEC in Division may be raised before
the COMELEC en banc.Section 3, Article IX-C of the 1987
Constitution mandates that only motions for reconsideration of final
decisions shall be decided by the COMELEC en banc,thus:chanroblesvirtua1awlibrary
The Commission on
Elections may sit en banc or in two divisions, and shall promulgate its
rules of procedure in order to expedite disposition of election cases,
including pre-proclamation controversies.
All such election cases shall
be heard and decided in Division, provided that motions for reconsideration of
decisions shall be decided by the Commission en banc.
Under this constitutional provision, the COMELEC en banc
shall decide motions for reconsideration only of decisions of a
Division, meaning those acts having a final character.10 Clearly, the assailed status quo ante Order, being interlocutory, should
first be resolved by the COMELEC First Division via a motion for
Furthermore, the present controversy does not fall under any of
the instances over which the COMELEC en banc can take cognizance of the
Section 2, Rule 3 of the 1993
COMELEC Rules of Procedure provides:chanroblesvirtua1awlibrary
The Commission En Banc. The
Commission shall sit en banc in cases hereinafter specifically provided,
or in pre-proclamation cases upon a vote of a majority of the members of the
Commission, or in all other cases where a division is not authorized to act, or
where, upon a unanimous vote of all the Members of a Division, an interlocutory
matter or issue relative to an action or proceeding before it is decided to be
referred to the Commission en banc.
The present case is not one of the cases specifically provided
under the COMELEC Rules of Procedure in which the COMELEC may sit en banc.
Neither is this case one where a division is
not authorized to act nor a case where the members of the First Division
unanimously voted to refer the issue to the COMELEC en banc.
Thus, the COMELEC en banc is not even
the proper forum where Repol may bring the assailed interlocutory Order for
We held in
Jr. v. Commission on Elections
Under the existing Constitutional scheme, a party to an election
case within the jurisdiction of the COMELEC in division can not dispense with
the filing of a motion for reconsideration of a decision, resolution or final
order of the Division of the Commission on Elections because the case would not
reach the Comelec en banc without such motion for reconsideration having
been filed x x x.
Repol went directly to the Supreme Court from an interlocutory
order of the COMELEC First Division.
Section 7, Article IX of the 1987 Constitution prescribes the power of
the Supreme Court to review decisions of the COMELEC, as follows:chanroblesvirtua1awlibrary
shall decide by a majority vote of all its members any case or matter brought
before it within sixty days from the date of its submission for decision or
A case or matter is deemed
submitted for decision or resolution upon the filing of the last pleading,
brief, or memorandum required by the rules of the commission or by the
provided by this constitution or by law, any decision, order, or ruling of each
commission may be brought to the Supreme Court on certiorari by the aggrieved
party within thirty days from receipt of a copy thereof.
We have interpreted this constitutional provision to mean final
orders, rulings and decisions of the COMELEC rendered in the exercise of its
adjudicatory or quasi-judicial powers.12 The
decision must be a final decision or resolution of the COMELEC en banc.13 The Supreme Court has no power to review via certiorari 14 an interlocutory order or even a final resolution of a Division of the
Failure to abide by this
procedural requirement constitutes a ground for dismissal of the petition.15 cralawred
However, this rule is not ironclad. In
Corporation v. COMELEC
This Court, however, has ruled in the past that this procedural
requirement [of filing a motion for reconsideration] may be glossed over to
prevent a miscarriage of justice, when the issue involves the principle of
social justice or the protection of labor, when the decision or resolution
sought to be set aside is a nullity, or when the need for relief is extremely
urgent and certiorari is the only adequate and speedy remedy available.
The Court further pointed out in
that an exception was warranted under the peculiar circumstances of the case
since there was hardly enough opportunity to move for a reconsideration and to
obtain a swift resolution in time for the 11 May 1998 elections.
The same can be said in Repols case.
We rule that direct resort to this Court
through a special civil action for certiorari is justified under the
circumstances obtaining in the present case.
Validity of the Status Quo Ante Order
The main issue to be resolved in this petition is whether the
COMELEC First Division acted with grave abuse of discretion amounting to lack
or excess of jurisdiction in issuing the status quo ante Order which
effectively overturned the trial courts grant of execution pending appeal in
This issue is not mooted
even if the next elections are just a few weeks away.The holding of periodic elections is a basic feature of our
democratic government.17 To
set aside the resolution of the issue now will only postpone a task that could
well crop up again in future elections.18 cralawred
We rule in the affirmative.
30 of the 1993 COMELEC Rule of Procedure provides the metes and bounds on the
COMELECs power to issue injunctive relief as follows:chanroblesvirtua1awlibrary
The Commission or any
of its Divisions may grant preliminary injunction in any ordinary action,
special action, special case, or special relief pending before it.
issuance of preliminary injunction. -
A preliminary injunction may be granted at any time after the
commencement of an action or proceeding and before judgment when it is
The petitioner or
protestant is entitled to the relief demanded and the whole or part of such
relief consists in restraining the commission or continuance of the acts complained
of, or in the performance of an act or acts, either for a limited period or
The commission or
continuance of some act complained of during the pendency of the action or the
non-performance thereof would work injustice to the petitioner or protestant.
The respondent or
protestee is doing, threatens, or is about to do, or is procuring to be done,
some act in violation of petitioners/protestants rights respecting the
subject of the action, and tending to render the judgment ineffectual.
The grant of the preliminary injunction
is entirely left to the sound
discretion of the Commission or its
preliminary injunction. -
of preliminary injunction shall be issued unless the applicant shall file a
bond, in an amount to be fixed by the Commission or the Division concerned, to
the effect that the petitioner/protestant will pay to such party all damages
which the latter may sustain by reason of the injunction if the Commission or
the Division concerned shall finally decide that the petitioner/protestant was
not entitled thereto.
injunction not granted without notice; issuance of restraining order. -
No preliminary injunction shall be granted
without notice to the adverse party.
it shall appear from the facts shown by affidavits or the verified petition
that great or irreparable injury would result to the applicant before the matter
can be heard on notice, the Commission or any Division to which the
application for preliminary injunction was made, may issue a restraining order
to be effective only for a period of twenty days from date of its issuance.
Within the said twenty-day period, the
Commission or the Division, as the case may be, must cause an order to be
served on the respondent requiring him to show cause, at a specified time and
place, why the injunction should not be granted, and determine within the same
period whether or not the preliminary injunction shall be granted and shall
accordingly issue the corresponding order.
In the event that the application for preliminary injunction is denied,
the restraining order is deemed automatically vacated.
A cursory reading of the Order dated 12 January 2004 or the
so-called status quo ante Order reveals that it was actually a temporary
It ordered Repol to
cease and desist from assuming the position of municipal mayor of Pagsanghan,
Samar and directed Ceracas to assume the post in the meantime.
The status quo
ante Order had
a life span of more than 20 days since the directive was qualified by the
phrase until further orders from this Commission.This violates the rule that a temporary retraining order has an
effective period of only 20 days and automatically expires upon the COMELECs
denial of the preliminary injunction.
Thus, the status quo ante Order automatically ceased to have any
effect after 1 February 2004 since the COMELEC First Division did not issue a
writ of preliminary injunction.
While the hearing on Ceracass application for a writ of
preliminary injunction was held on 29 January 2004, the COMELEC First Division
failed to resolve the application.
Instead, it issued an Order directing the parties to file their
memoranda until 3 February 2004 on their respective positions on the life span
of status quo ante orders and whether a writ of preliminary injunction
should be granted in the case.
Clearly, the COMELEC First Divisions indecision on the matter not only
worked injustice to Repol but also failed to dispel the uncertainty beclouding
the real choice of the electorate for municipal mayor.
decision of the trial court in Election Case No. T-001 was rendered on 30
December 2003, or after almost one year of trial and revision of the questioned
It found Repol as the
candidate with the plurality of votes. The grant of execution pending appeal
was well within the discretionary powers of the trial court.19 In the recent case of
Santos v. Commission on Elections (First Division) and Pedro Q. Panulaya
,20 we ruled:chanroblesvirtua1awlibrary
Between the determination by the trial court of who of the
candidates won the elections and the finding of the Board of Canvassers as to
whom to proclaim, it is the courts decision that should prevail.
This was sufficiently explained in the case
of Ramas v. COMELEC in this wise:chanroblesvirtua1awlibrary
All that was required
for a valid exercise of the discretion to allow execution pending appeal was
that the immediate execution should be based upon good reasons to be stated in
a special order. The rationale why such execution is allowed in election cases
is, as stated in Gahol v. Riodique, to give as much recognition to the
worth of a trial
judges decision as
that which is initially ascribed by the law to the proclamation by the board of
Why should the proclamation by the board of canvassers suffice as
basis of the right to assume office, subject to future contingencies attendant
to a protest, and not the decision of a court of justice?
Indeed, when it is considered that the board
of canvassers is composed of persons who are less technically prepared to make
an accurate appreciation of the ballots, apart from their being more apt to
yield to extraneous considerations, and that the board must act summarily,
practically racing against time, while, on the other hand, the judge has the
benefit of all the evidence the parties can offer and of admittedly better
technical preparation and background, apart from his being allowed ample time
for conscientious study and mature deliberation before rendering judgment, one
cannot but perceive the wisdom of allowing the immediate execution of decisions
in election cases adverse to the protestees, notwithstanding the perfection and
pendency of appeals therefrom, as long as there are, in the sound discretion of
the court, good reasons therefor.
To deprive trial courts of their discretion to grant execution
pending appeal would, in the words of Tobon Uy v. COMELEC,
bring back the ghost of the grab-the-proclamation-prolong the
protest techniques so often resorted to by devious politicians in the past in
their efforts to perpetuate their hold to an elective office.
This would, as a consequence, lay to waste
the will of the electorate.
to this petition, we hold that the
COMELEC First Division committed grave abuse of discretion in setting aside the
trial courts order granting execution pending appeal.
Ceracas was Guilty of Forum Shopping
We must point out that Ceracas is guilty of forum-shopping.
At the time he instituted SPR Case No.
1-2004 with the COMELEC, he had a pending omnibus motion to reconsider, set
aside and quash the writ of execution with the trial court.
In addition, Ceracass appeal of the trial
courts adverse decision was also pending before the COMELEC.21 Forum shopping is an act of a party, against whom an adverse judgment or order
has been rendered in one forum, of seeking and possibly getting a favorable
opinion in another forum, other than by appeal or special civil action for certiorari.22 It may also be the institution of two or more actions or proceedings grounded
on the same cause on the supposition that one or the other court would make a
favorable disposition.23 cralawred
Due to a clear showing that Ceracas was forum-shopping, the
COMELEC First Division, following our ruling in
,24 should have dismissed outright instead of giving due course to Ceracass
petition in SPR No. 1-2004.
WHEREFORE, the instant petition is GRANTED.
The Order dated 12 January 2004 of the
COMELEC First Division in SPR Case No. 1-2004 is ANNULLED and said case is
ordered DISMISSED on the ground of forum-shopping.The Order dated 5 January 2004 of the Regional Trial Court of
Tarangnan, Samar, Branch 40, granting the execution pending appeal of its
decision in Election Case No. T-001, and the Writ of Execution issued pursuant
thereto, are REINSTATED.
enforcement of the said Writ must forthwith be made.
This Decision shall be
Davide, Jr., C.J., Puno, Vitug, Panganiban, Quisumbing,
Ynares-Santiago, Sandoval-Gutierrez, Austria-Martinez, Carpio Morales, Callejo,
Sr., Azcuna, and TINGA, JJ., concur.
Corona, J., on leave.
Under Rule 65 of the 1997 Rules of Civil Procedure.
Composed of Commissioners Rufino S.B. Javier, Luzviminda G. Tangcangco and
Resurreccion Z. Borra.
. Salazar, G.R. No. 37165, 15 May 1989, 173 SCRA 366.
G.R. No. 140884, 6 March 2001, 353 SCRA 724.
G.R. No. 143398, 25 October 2000, 344 SCRA 358.
The mode by which a decision, order or ruling of the COMELEC en banc
be elevated to the Supreme Court is by the special civil action of certiorari
under Rule 65 of the 1964 Revised Rules of Court, now expressly provided in
Rule 64, 1997 Rules of Civil Procedure.
G.R. No. 155618, 26 March 2003.
Repol filed an Urgent Manifestation on 19 April 2004 informing this Court that
Ceracass appeal (docketed as EAC No. A-1-2004) with the COMELEC was dismissed
for failure to file an Appellants Brief.
Edgar Santos v
. Commission on Elections, supra
, note 20.
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