447 Phil. 760
YNARES-SANTIAGO, J.:
WHEREFORE, judgment is hereby rendered declaring and proclaiming protestant/petitioner Edgar Y. Santos as the duly elected Municipal Mayor of Balingoan, Misamis Oriental, in the mayoralty elections held on May 14, 2001 with the plurality of Seventy Six (76) votes over and above his protagonist-protestee Pedro Q. Panulaya setting aside as null and void the proclamation of protestee made by the Municipal Board of Canvassers on May 16, 2001, ordering to pay protestant/petitioner the costs and expenses that the latter incurred in this protest in accordance with Section 259 of the Omnibus Election Code of the Philippines (B.P. 881) and Section 7 of the COMELEC Resolution 1566, to wit:Petitioner thereafter filed a motion for execution pending appeal. Meanwhile, before the trial court could act on petitioner’s motion, respondent filed on April 22, 2002 with the Commission on Elections (COMELEC) a petition for certiorari, docketed as SPR No. 20-2002, assailing the decision of the trial court.[2] Likewise on April 22, 2002, respondent appealed the trial court’s decision to the COMELEC, where it was docketed as EAC No. A-12-2002.xxx xxx xxx.
The Clerk of Court of this Court is hereby directed to furnish copy of the DECISION to the following: Office of the Commission on Elections (COMELEC); Office of the Commission on Audit; Office of the Department of Interior and Local Government; Office of the Sangguniang Panlalawigan of Misamis Oriental, in accordance with Section 15 of the COMELEC Resolution 1566.
SO ORDERED.[1]
WHEREFORE, premises considered, the Commission (First Division) RESOLVED as it hereby RESOLVES to DISMISS the instant petition for lack of merit.Thus, on August 20, 2002, the trial court issued an Order as follows:
ACCORDINGLY, the Writ of Preliminary Injunction issued on 16 May 2002, as well as the Order issued on 27 April 2002 by the Commission (First Division), are hereby set aside and lifted, respectively. The Court a quo is hereby directed to dispose with immediate dispatch all pending incidents in SPL Election Case No. 1-M (2001) entitled “Edgar Y. Santos, Petitioner/Protestant versus Pedro Q. Panulaya, Respondent/Protestee.”
No pronouncement as to cost.
SO ORDERED. (underscoring ours)[3]
WHEREFORE, premises considered, this Court hereby upholds and approves the Motion for Execution Pending Appeal. Further, finding good reasons therefor, the Court hereby directs and orders the immediate execution of the Decision promulgated on April 18, 2002, and as prayed for install protestant/petitioner EDGAR Y. SANTOS as the duly elected Mayor of Balingoan, Misamis Oriental, to take his oath of office and assume the functions and duties of Mayor after he shall have filed a bond of One Hundred Thousand Pesos (P100,000.00).After petitioner posted the required bond, the trial court issued the Writ of Execution,[5] thereby installing petitioner as Municipal Mayor of Balingoan, Misamis Oriental. Accordingly, petitioner took his oath of office and thereafter assumed the duties and functions of his office.
SO ORDERED.[4]
WHEREFORE, foregoing premises considered, petitioner [herein respondent] respectfully prays unto this Honorable Commission that the following Orders of the public respondent:Barely two days later, on August 28, 2002, and while his motion for reconsideration and supplemental petition in SPR No. 20-2002 were pending, respondent filed another petition with the COMELEC, docketed as SPR No. 37-2002.[9] The petition contained the same prayer as that in the supplemental petition filed in SPR 20-2002, viz:Be nullified and set aside.
- Resolution dated 20 August 2002;
- Order dated 20 August 2002;
- Writ of execution dated 21 August 2002;
It is further prayed that in the event that the public respondent has carried out its Order of ousting petitioner [herein respondent] from his position as Mayor of Balingoan, Misamis Oriental, that the same be nullified and considered of no legal effect. It is likewise prayed that a STATUS QUO ANTE ORDER be issued by the Honorable Commission in order to reinstate the petitioner to his rightful position as Mayor of Balingoan, Misamis Oriental.
Other reliefs, just and equitable are likewise prayed for.[8]
WHEREFORE, foregoing premises considered, petitioner [herein respondent] respectfully prays unto this Honorable Commission that immediately upon the filing of the herein petition, the following Orders of the public respondent:On September 3, 2002, the COMELEC issued the assailed Order directing the parties to maintain the status quo ante and enjoining petitioner from assuming the functions of Mayor. Pertinent portion of the Order reads:
1. Resolution dated 20 August 2002;
2. Order dated 20 August 2002;
3. Writ of execution dated 21 August 2002;
Be nullified and set aside.
Pending trial and final judgment, and soon after the issuance, but during the effectivity of the Temporary Restraining Order, a Writ of Preliminary Injunction be issued prohibiting, restraining and/or enjoining the public respondent from further implementing the highly unjust, irregular and oppressive Orders above-quoted;
It is further prayed that in the event that the public respondent has carried out its Order of ousting petitioner [herein respondent] from his position as Mayor of Balingoan, Misamis Oriental, that the same be nullified and considered of no legal effect. It is likewise prayed that a STATUS QUO ANTE ORDER be issued by the Honorable Commission in order to reinstate the petitioner to his rightful position as Mayor of Balingoan, Misamis Oriental.
Upon due notice and hearing, judgment be rendered in favor of the petitioner [herein respondent] and against the respondent [herein petitioner] as follows:Such other reliefs and remedies, as are just and equitable in the premises, are likewise prayed for.[10]
- Making the Writ of Preliminary Prohibitory Injunction permanent;
- Declaring Resolution dated 20 August 2002, Order dated 20 August 2002, and Writ of Execution dated 21 August 2002; as null and void for being highly unjust, irregular and oppressively prepared in utter violation of the Constitutional provisions on equal protection of the laws and due process, and for having been rendered with grave abuse of discretion amounting to lack or excess of jurisdiction.
- A writ of Prohibition be issued specifically commanding public respondent to cease and desist from further implementing the highly unjust, irregular and oppressive Orders above-mentioned are concerned (sic); and
- Ordering the respondents to pay the costs of suit.
In the interest of justice and so as not to render moot and academic the issues raised in the petition, the Commission (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 August 20, 2002 and the Writ of Execution issued pursuant thereto dated August 21, 2002, in SPL. ELECTION CASE NO. 1-M (2001) entitled “EDGAR Y. SANTOS versus PEDRO Q. PANULAYA.” Accordingly, effective immediately, private respondent EDGAR Y. SANTOS is hereby ordered to cease and desist from assuming the duties and functions of the office of Mayor of Balingoan, Misamis Oriental until further orders from this Commission.[11]Petitioner filed a motion for reconsideration of the above Order. However, the COMELEC First Division did not refer the said motion to the COMELEC En Banc. Hence, petitioner, citing our ruling in Kho v. COMELEC,[12] brought the instant special civil action for certiorari with this Court.
WHEREFORE, premises considered, the Petition is hereby GRANTED. Accordingly, the August 20, 2002 Resolution of the respondent judge granting the Motion for Execution Pending Appeal as well as his Order also dated August 20, 2002 directing the issuance of the Writ of Execution and his Writ of Execution dated August 21, 2002 are hereby set aside. Private Respondent Edgar Y. Santos is enjoined from assuming the function of mayor of Balingoan, Misamis Oriental until the final determination of the election appeal case.The petition is impressed with merit.
This resolution shall be immediately executory.
The Department of Interior and Local Government (DILG) is hereby requested to assist in the peaceful and orderly implementation of this Resolution.
SO ORDERED.[14]
It is of judicial notice that for the public official elected last May 14, 2001 elections only a short period is left. Relative to this Court’s jurisdiction over the instant case, the settled rule that the mere filing of the notice of appeal does not divest the trial court of its jurisdiction over the case and to resolve pending incidents, i.e., motion for execution pending appeal (Asmala vs. COMELEC, 289 SCRA 745) need not be overemphasized.[21]However, the COMELEC set aside the aforesaid order, saying that shortness of term alone is not a good reason for execution of a judgment pending appeal. We disagree.
A valid exercise of the discretion to allow execution pending appeal requires that it should be based “upon good reasons to be stated in a special order.” The following constitute “good reasons” and a combination of two or more of them will suffice to grant execution pending appeal: (1.) public interest involved or will of the electorate; (2.) the shortness of the remaining portion of the term of the contested office; and (3.) the length of time that the election contest has been pending (italics supplied).[23]The decision of the trial court in Election Protest No. 1-M(2001) was rendered on April 2, 2002, or after almost one year of trial and revision of the questioned ballots. It found petitioner as the candidate with the plurality of votes. Respondent appealed the said decision to the COMELEC. In the meantime, the three-year term of the Office of the Mayor continued to run. The will of the electorate, as determined by the trial court in the election protest, had to be respected and given meaning. The Municipality of Balingoan, Misamis Oriental, needed the services of a mayor even while the election protest was pending, and it had to be the candidate judicially determined to have been chosen by the people.
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,[25] “to give as much recognition to the worth of a trial judge’s decision as that which is initially ascribed by the law to the proclamation by the board of canvassers.” Thus:Thus, the COMELEC committed grave abuse of discretion in giving due course, instead of dismissing outright, the petition in SPR No. 37-2002 despite the clear showing that respondent was guilty of forum-shopping; and in setting aside the trial court’s order granting execution pending appeal.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 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,[26] 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.[27]