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EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 17 2004 .

G.R. No. 157957 (Charito Navarosa vs. Commission on Elections, Hon. Dean R. Telan, as Presiding Judge, Regional Trial Court, Branch 9, Kalibo, Aklan and Roger Esto.)

This resolves the "Urgent Omnibus Motion" dated 4 December 2003 ("Motion") of respondent Roger M. Esto ("respondent Esto"), praying that the Court (1) annul the Order dated 2 December 2003 ("Order") of respondent Commission on Elections ("COMELEC"); (2) order the COMELEC to comply with the Decision dated 18 September 2003 rendered in this case ("Decision") or, in the alternative, direct respondent Dean R. Telan ("respondent Telan") to issue the writ of execution to implement the Decision; and (3) cite the COMELEC in contempt for issuing the Order.

In our Decision, we dismissed the petition filed in this case and affirmed the COMELEC's ruling that respondent Esto can properly seek execution of the Decision dated 4 March 2002 rendered by the Regional Trial Court, Branch 9, Kalibo, Aklan ("RTC Decision") in Election Case No. 129 while the appeal of petitioner Charito Navarosa ("petitioner") is pending in the COMELEC (docketed as EAC Case No. A-9-2002). The dispositive portion of the Decision provides:

WHEREFORE , we DISMISS the instant petition. The Resolution dated 28 November 2002 of the COMELEC Second Division, and the Resolution dated 15 April 2003 of the COMELEC En Banc, are AFFIRMED. The status quo order dated 10 June 2003 is LIFTED and the COMELEC is directed to cause the implementation of the Decision of the Regional Trial Court of Kalibo, Aklan, Branch 9, in Election Case No. 129, without prejudice to any judgment the COMELEC may render in EAC Case No. A-9-2002. Moreover, respondent Roger M. Esto shall pay immediately the P200 deficiency in the COMELEC filing fee. (Emphasis supplied)

Petitioner sought reconsideration of the Decision but her motion was denied with finality in the Resolution of 21 October 2003. The Decision became final on 7 November 2003.

In the Motion under consideration, respondent Esto alleges that on 10 November 2003, he filed a Motion ("10 November Motion") in the COMELEC praying for the implementation of the Decision. However, in its Order in question, the COMELEC resolved to defer acting on the 10 November Motion on the ground that its Second Division "is already in the process of finalizing the resolution of EAC Case No. A-9-2002" and to "obviate the possibility xxx [of rendering any] decision in [that case] moot and academic."

We required COMELEC to Comment on the Motion. In the meantime, petitioner filed her Opposition to the Motion.

In its Comment dated 30 January 2004, respondent COMELEC defends the validity of its Order and reiterates the grounds for its issuance.

The Motion has merit.

Once a judgment has become final, execution shall issue as a matter of right (Rule 39, Sec. 1, 1997 Rules of Civil Procedure). Thus, when the Decision rendered in this case became final on 7 November 2003, it became a mandatory and ministerial duty of the COMELEC to "cause the implementation of the Decision of the Regional Trial Court of Kalibo, Aklan, Branch 9, in Election Case No. 129".

While the COMELEC stated in its Order that its Second Division is already "finalizing" the resolution of EAC Case No. A-9-2002, no ruling has been rendered as of this date. The prompt execution of the Decision is crucial considering that less than four months remain in the term of office subject of this case (Mayor of Libacao, Aklan). Contrary to the COMELEC's Order, the execution of the Decision will not render moot and academic any ruling in EAC Case No. A-9-2002. As we stated in the dispositive portion, the implementation of the Decision is "without prejudice to any judgment" to be rendered in that case.

On the other hand, we find no merit in respondent Esto's prayer to cite COMELEC in contempt for deferring execution of the Decision. The reasons stated in its Order negate the commission of contumacious conduct on its part.

WHEREFORE, the Court RESOLVES to GRANT, in part, the Urgent Omnibus Motion dated 4 December 2003 of respondent Roger M. Esto. The Order dated 2 December 2003 of the COMELEC is SET ASIDE and the COMELEC is further ORDERED to COMPLY with this Court's Decision of 18 September 2003 and CAUSE the implementation of the Decision of the Regional Trial Court of Kalibo, Aklan, Branch 9, in Election Case No. 129, without further delay.

Very truly yours,

(Sgd.) LUZVIMINDA D. PUNO
Clerk of Court

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