Title
Bacayo vs. Genato
Case
G.R. No. 56293
Decision Date
Apr 15, 1985
A 1980 mayoral election dispute in Aloran, Misamis Occidental, involving vote-buying allegations, recounts, and appeals, culminated in the Supreme Court upholding Regalado's victory over Bacayo.
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Case Digest (G.R. No. 56293)

Facts:

Election and Initial Proclamation

  • Petitioner Liberato T. Bacayo and private respondent Emigdio S. Regalado were candidates for the position of mayor in Aloran, Misamis Occidental, in the January 30, 1980 elections. Both ran under the Kilusang Bagong Lipunan (KBL) party.
  • On January 31, 1980, the Municipal Board of Canvassers proclaimed Bacayo as the duly elected mayor with 3,982 votes, while Regalado received 3,890 votes, giving Bacayo a 92-vote lead.

Election Protest and COMELEC Petition

  • On February 2, 1980, Regalado filed a petition (PP Case No. 113) with the Commission on Elections (COMELEC) seeking the annulment of votes cast in favor of Bacayo in Voting Centers Nos. 8 to 33, alleging massive vote-buying by Bacayo.
  • The COMELEC denied the petition on February 26, 1980, stating that the issues raised were proper for an election protest.

Filing of Election Protest in Court

  • On March 4, 1980, Regalado filed an election protest (Election Case No. 3473) with the Court of First Instance of Misamis Occidental, contesting votes in ten (10) voting centers: Nos. 3, 6, 7, 8, 10, 18, 22, 23, 24, and 36. The grounds were vote-buying, terrorism, and misappreciation of ballots by the Citizen's Election Committee.
  • Bacayo filed a motion to dismiss, arguing that the petition was filed out of time and that the court lacked jurisdiction. The motion was denied, and Bacayo’s appeal to the Supreme Court (G.R. No. 54209) was dismissed on July 17, 1980.

Trial Court Decision

  • The trial court proceeded with the election protest despite Bacayo’s failure to file an answer. Bacayo was allowed to present rebuttal evidence.
  • On January 31, 1981, the trial court ruled in favor of Regalado, declaring him the elected mayor with a plurality of 20 votes after recounting ballots in the ten contested voting centers.

Appeal and Execution Pending Appeal

  • On February 4, 1981, Bacayo filed a Notice of Appeal and an Appeal Bond of P120.00. The trial court approved the appeal and directed the Clerk of Court to forward the records to the COMELEC.
  • On February 5, 1981, Regalado filed a motion for execution of judgment pending appeal. On February 6, 1981, he filed a motion to amend the February 4, 1981 order, arguing that the appeal bond was insufficient to cover damages and costs.
  • On February 9, 1981, the trial court issued a Special Order requiring Bacayo to post a cash bond of P20,000.00 or a property/surety bond of P30,000.00. Regalado was also ordered to post a bond in favor of Bacayo. This order was elevated to the Supreme Court in G.R. No. 56293.
  • Despite Regalado depositing P20,000.00, the writ of execution was not implemented due to a restraining order issued by the Supreme Court on March 3, 1981.

COMELEC Decision

  • On March 28, 1983, the COMELEC upheld the trial court’s decision, declaring Regalado the duly elected mayor of Aloran, Misamis Occidental.

Issue:

  1. Whether the trial court had jurisdiction to amend its February 4, 1981 order by increasing the appeal bond and ordering execution pending appeal (G.R. No. 56293).
  2. Whether the COMELEC erred in sustaining the trial court’s decision and refusing to grant Bacayo’s request for expert evidence on alleged tampered ballots (G.R. No. 64924).
  3. Whether Bacayo should be declared the official KBL candidate and credited with votes cast for the KBL under straight party or block voting.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Conclusion:

The petitions were dismissed, and the temporary restraining order issued on March 31, 1981, was lifted. Costs were imposed on the petitioner.


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