Case Digest (G.R. No. 150758)
Facts:
In Rustico H. Antonio v. Commission on Elections and Vicente T. Miranda, Jr., the petitioner, Rustico Antonio, and respondent, Vicente Miranda Jr., were opposing candidates for Punong Barangay of Barangay Ilaya, Las Piñas City. After the board of canvassers proclaimed Antonio the winner, Miranda filed Election Protest No. 97-0017 before the Metropolitan Trial Court of Las Piñas City (Branch LXXIX). On March 9, 1998, the trial court rendered a decision declaring Miranda as the duly elected barangay chairman, which Antonio received on March 18, 1998. Antonio filed his Notice of Appeal on March 27, 1998—nine days after receipt of the decision. Miranda then moved for execution of the trial court’s decision, and the trial court denied Antonio’s opposition. The case records were forwarded to the Commission on Elections (COMELEC) Second Division, which, on August 3, 1998, dismissed Antonio’s appeal for lack of jurisdiction because it had not been perfected within five days as requiredCase Digest (G.R. No. 150758)
Facts:
- Parties and Context
- Rustico H. Antonio and Vicente T. Miranda, Jr. were rival candidates for Punong Barangay of Barangay Ilaya, Las Piñas City.
- After the board of canvassers proclaimed Antonio the winner, Miranda filed an election protest (Case No. 97-0017) before the Metropolitan Trial Court (Branch LXXIX).
- Trial Court Proceedings
- On March 9, 1998, the trial court rendered a Decision declaring Miranda as duly elected Barangay Chairman.
- Antonio received a copy of the Decision on March 18, 1998 and filed a Notice of Appeal on March 27, 1998 (nine days later). Miranda moved for execution; Antonio opposed execution pending appeal.
- COMELEC Proceedings
- The trial court denied execution pending appeal and forwarded the record to the COMELEC Second Division.
- On August 3, 1998, the COMELEC Second Division dismissed Antonio’s appeal for lack of jurisdiction, citing COMELEC Rule 37, Sec. 21’s five-day appeal period.
- Antonio’s motion for reconsideration was denied by the COMELEC en banc on October 14, 1998.
Issues:
- Whether the period to appeal a municipal trial court decision in a barangay election protest is five days under the COMELEC Rules of Procedure or ten days under Republic Act No. 6679 and Section 252 of the Omnibus Election Code.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)