550 Phil. 387
AZCUNA, J.:
The margin of forty-one (41) votes coupled with the grounds mentioned in the Special Order which, to our mind, were merely general statements lacking in specific justifications, do not warrant the issuance of the extra-ordinary writ of execution pending appeal. It is therefore deemed that great or irreparable injury shall befall upon the petitioner if the order granting execution pending appeal is immediately implemented.On May 20, 2006, petitioner filed his motion to lift the temporary restraining order.
And it is also to the best interest of the electorate of San Pascual, Batangas that the said Order is stayed for the meantime.
WHEREFORE, premises considered, the prayer for the issuance of [a] temporary restraining order is hereby granted.
Respondent Judge Galvez is hereby ordered to cease and desist from implementing the May 2, 2006 Special Order together with the May 3, 2006 Writ of Execution.
The hearing for the issuance of the writ of preliminary injunction is hereby set on May 23, 2006 at 10:00 o'clock in the morning at the COMELEC Session Hall.
Respondent Antonio A. Dimayuga is also hereby ordered to submit his comment and/or answer to the petition within five (5) days from receipt hereof.
SO ORDERED.[6]
WHEREFORE, the petition is hereby DENIED. Let the Writ of Execution issued by public respondent dated May 3, 2006 be implemented.On July 5, 2006, private respondent filed a Motion for Reconsideration of the above resolution, and the case was elevated to the COMELEC en banc.
SO ORDERED.[7]
On October 4, 2006, private respondent filed an Urgent Motion for Resolution of the Issue as to Whether the Special Order of Execution Pending Appeal Could be Executed Pending Resolution of the Motion for Reconsideration and/or Motion for Immediate Resolution of the Pending Motion for Reconsideration with the COMELEC en banc.. . .
It could be recalled that in view of the legal question involved in the mayoralty controversy in San Pascual, Batangas, the Department initially referred the matter to the COMELEC for clarification and guidance in taking further actions. As of this date, however, we are still awaiting the reply of the COMELEC.
In view of this turn of events, and in order to ease the tension brought about by the intense emotions from the supporters of each camp, and in order to restore order in the municipal government so as not to jeopardize the delivery of essential basic public services, this Department is thus constrained, based on available records whereupon we can reasonably draw our objective and fair legal position, to recognize the incumbency of Mr. Antonio A. Dimayuga as Mayor of San Pascual, Batangas, his re-assumption to office having been made by virtue of a Writ of Execution Pending Appeal earlier issued by the court.
May we emphasize, however, that this pronouncement is subject to whatever official reply that the COMELEC will make on our earlier query...[8]
In said Urgent Motion, petitioner raised that the Special Order of Execution Pending Appeal was issued by the lower court with grave abuse of discretion amounting to lack of jurisdiction. He stated that on the basis alone of Precinct 53A/B, the respondent court invalidated a total of 105 ballots of petitioner being allegedly "fake and spurious" without identifying the Exhibit numbers of the said 105 ballots but as shown in page 67 of the Decision of the said lower court, the private respondent objected to only 38 ballots of the petitioner in the said precinct marked as EXHIBITS D-1 to D-38. Petitioner likewise raised the question as to why the lower court annulled 105 ballots when it ruled that of the said 105 ballots, 33 ballots are genuine ballots.Subsequently, on December 5, 2006, the COMELEC en banc adopted a Resolution stating:
ACCORDINGLY, finding the reasons stated in the petitioner's Urgent Motion to be impressed with merit the Commission en banc hereby GRANTS the same pursuant to Section 2, Rule 19 of the 1993 Comelec Rules of Procedure.
In the meantime that the Commission en banc is resolving the petitioner's Motion for Reconsideration and the case on the merits, the Commission en banc hereby issues a STATUS QUO ANTE ORDER directing both parties to observe and maintain the status of the case prior to the promulgation of the Decision of the Regional Trial Court, Branch 3, Batangas City dated April 18, 2006 effective immediately for a period of sixty (60) days or until December 9, 2006. In which case, private respondent Antonio A. Dimayuga is hereby directed to cease and desist from performing the duties and functions of the Mayor of San Pascual, Batangas and to peacefully vacate the said post in favor of petitioner Mario V. Magsaysay.
SO ORDERED.[9]
Herein resolved is the petitioner's Motion for Clarification and/or to Extend Period of Suspension of Implementation, referring to the en banc Order of the Commission, dated 10 October 2006, directing a STATUS QUO ANTE with a duration of sixty (60) days or until December 9, 2006, in this case, under Section 2, Rule 19 of the COMELEC Rules of Procedure, suspending the assumption of the respondent of the office of the mayor of San Pascual, Batangas per the order of execution of judgment pending appeal granted by public respondent Judge of the Regional Trial Court, Branch 3, Batangas City.Hence, this petition raising the sole issue of whether the COMELEC committed grave abuse of discretion amounting to lack or excess of jurisdiction in issuing the Status Quo Ante Order and/or Resolution.
The said status quo ante was ordered by this Commission en banc pending resolution of petitioner's motion for reconsideration (of the adverse decision of the Second Division of this Commission) based on serious allegations of errors apparently committed by the presiding judge of the court a quo, citing the record of the case as prima facie evidence, in order to afford this Commission en banc sufficient time to study the voluminous record of the case and render a just judgment to both parties. However, the sixty-day period has proven to be insufficient for the Commission en banc to complete its preparation of this resolution of the said motion for reconsideration in view of the thorough review and analysis that it has had to conduct of each and every one of the many ballots contested by the parties.
In view of the foregoing, the Commission en banc finds the necessity of further extending the implementation of said order of execution pending appeal issued by the court a quo, relying on Section 2, Rule 19 of the COMELEC Rules of Procedure, and on the suspension of its rules of procedure "in the interest of justice" as provided for in Section 4, Rule 1 of said Rules.
WHEREFORE, finding that the interest of justice will best be subserved and, in order to maintain peace in the Municipality of San Pascual, Batangas, with specific reference to the position of Municipal Mayor thereof, the STATUS QUO ANTE issued on October 10, 2006, is hereby extended until the herein petitioner's Motion for Reconsideration is finally resolved by the Commission en banc.
SO ORDERED.[10]