Case Digest (G.R. No. 94010)
Facts:
The consolidated petitions in G.R. No. 94010 and G.R. No. 95063 arose from COMELEC Resolution No. 90-0557 dated 20 June 1990, which approved the recommendation of the Election Registrar of Sulat, Eastern Samar, to hold the signing of a recall petition against Mayor Felipe Evardone, who had been elected in 1988 and assumed office immediately thereafter. On 14 February 1990, Alexander R. Apelado, Victorino E. Aclan, and Noel A. Nival filed with the Local Election Registrar a petition for the recall of Mayor Evardone. On 10 July 1990, Evardone sought a writ of prohibition with an urgent prayer for a temporary restraining order (TRO) to enjoin the signing scheduled for 14 July 1990, docketed as G.R. No. 94010. The Supreme Court issued the TRO on 12 July 1990, which was received by the COMELEC central office that same day, but the field office did not receive notice until 15 July—one day after the signing. On 26 July 1990, COMELEC en banc Resolution No. 90-0660 nullified the signingCase Digest (G.R. No. 94010)
Facts:
- Origin and Parties
- Two consolidated petitions:
- G.R. No. 94010 – Felipe Evardone vs. COMELEC et al., petition for prohibition with urgent prayer for a restraining order/preliminary injunction.
- G.R. No. 95063 – Alexander Apelado et al. vs. COMELEC and Mayor Evardone, petition for certiorari to review COMELEC resolutions nullifying the recall signing.
- Felipe Evardone was elected Mayor of Sulat, Eastern Samar in the 1988 local elections and assumed office upon proclamation.
- Recall Proceedings and COMELEC Actions
- February 14, 1990: Apelado et al. filed a petition for recall with the Local Election Registrar of Sulat, Eastern Samar.
- May 23, 1990: COMELEC promulgated Resolution No. 2272, prescribing general rules for the recall of local officials under Batas Pambansa Blg. 337.
- June 20, 1990: COMELEC En Banc Resolution No. 90-0557 approved the Election Registrar’s recommendation to hold the signing of the recall petition on July 14, 1990.
- Supreme Court Proceedings
- July 10, 1990: Evardone filed his petition for prohibition (G.R. No. 94010) to enjoin the July 14 signing.
- July 12, 1990: The Court issued a Temporary Restraining Order (TRO) directing respondents to cease the signing; central office received notice the same day.
- July 14, 1990: Signing proceeded in good faith; about 2,050 of 6,090 registered voters (≈34%) signed the petition.
- July 26, 1990: COMELEC En Banc Resolution No. 90-0660 nullified the signing as violative of the TRO.
- August 29, 1990: COMELEC denied motion for reconsideration via Resolution No. 90-0777, holding that service on the Commission’s principal sufficed.
- The two petitions were consolidated for resolution.
Issues:
- Validity of COMELEC Resolution No. 2272
- Whether Article X, Section 3 of the 1987 Constitution repealed B.P. 337, rendering Resolution No. 2272 unconstitutional.
- Whether COMELEC had jurisdiction and rule-making authority to promulgate recall rules pending a new Local Government Code.
- Effect of the TRO on the Signing Process
- Whether the TRO issued July 12 rendered nugatory the July 14 signing despite the field agent’s notice arriving after the event.
- Whether the signing in good faith may be invalidated or unwound.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)