G.R. No. 124169 - Camlian vs. Commission on Elections

Parties, elective positions, and electoral contest
Petitioner Asan “Sonny” Camlian and private respondent Leonardo A. Pioquinto were candidates for the mayoralty of Isabela, Basilan in the May 8, 1995 elections.
After canvassing, private respondent obtained 8,217 votes while petitioner obtained 5,946 votes.
The Municipal Board of Canvassers of Isabela, Basilan proclaimed private respondent as winner on May 12, 1995, and private respondent assumed office and discharged the functions of the mayor.

Filing of election protest and RTC ruling
On May 19, 1995, petitioner filed an electoral protest before the Regional Trial Court (RTC) of Basilan, Branch II.
On January 22, 1996, the RTC rendered a decision declaring petitioner as duly elected mayor, finding that petitioner obtained 5,836 votes against private respondent’s 2,291 votes.
On the same day, private respondent filed a notice of appeal, while petitioner filed a motion for execution pending appeal.

RTC order granting execution pending appeal and immediate consequences
On January 29, 1996, a hearing was conducted on petitioner’s motion for execution pending appeal.
On January 31, 1996, the RTC issued an order granting the motion for execution pending appeal.
A writ of execution was accordingly issued.
On January 31, 1996, petitioner assumed office and commenced discharging the functions of the office of the mayor.

COMELEC proceedings and issuance of restraining orders and preliminary injunction
On February 6, 1996, private respondent filed a petition for certiorari with prayer for preliminary injunction and issuance of a temporary restraining order before the COMELEC, docketed as SPR No. 5-96.
On February 8, 1996, the COMELEC issued a temporary restraining order directing:

Judge Salvador Memoracion to cease and desist from implementing the RTC’s January 31, 1996 execution order; and
petitioner to cease and desist from assuming and discharging the functions of the mayor of Isabela, Basilan until further orders.

On February 29, 1996, hearing and oral arguments were held on the petition and the request for preliminary injunction.
On March 14, 1996, the COMELEC issued an order granting the issuance of a writ of preliminary injunction.
On March 18, 1996, the COMELEC issued another order declaring that the preliminary injunction had the nature of a mandatory injunction, and thus petitioner must cease discharging the functions of the mayor.

Petitioner’s certiorari to the Supreme Court and issuance of temporary restraining order
On March 27, 1996, petitioner filed the instant petition for certiorari seeking nullification of COMELEC orders directing:

Judge Salvador Memoracion to cease and desist from implementing the RTC execution order; and
petitioner to cease and desist from discharging the functions of the office.

On March 29, 1996, the Supreme Court issued a temporary restraining order ordering the COMELEC to cease and desist from implementing and enforcing its March 14, 1996 order.

Whether COMELEC committed grave abuse of discretion tantamount to lack of jurisdiction
Whether the COMELEC committed grave abuse of discretion amounting to lack of jurisdiction in issuing the assailed orders that annulled and set aside the RTC’s Janua...(Subscriber-Only)

Ruling:

(Subscriber-Only)

Ratio:

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