Case Digest (G.R. No. 244140)
Facts:
Roque Fermo v. Commission on Elections and Manuel D. Laxina Sr., G.R. No. 140179, March 13, 2000, Supreme Court En Banc, Gonzaga-Reyes, J., writing for the Court.
Petitioner Roque Fermo and private respondent Manuel D. Laxina, Sr. were opposing candidates for Punong Barangay, Barangay Batasan Hills, District II, Quezon City in the May 12, 1997 barangay elections. The canvass proclaimed Laxina winner with 1,957 votes over Fermo's 1,712. Fermo filed an election protest alleging massive fraud and irregularities in several clustered and COA precincts.
The Metropolitan Trial Court (MTC) of Quezon City denied Laxina’s motion to dismiss the protest as untimely, ordered a judicial recount through a revision committee, and after completing the proceedings promulgated a decision on January 8, 1999 declaring Fermo the winner by 134 votes. Laxina filed a Notice of Appeal to the Commission on Elections (COMELEC) on the same date.
On January 12, 1999 Fermo moved for execution pending appeal, citing chiefly the possibility that the term of the contested office might expire before the appeal was resolved. On January 20, 1999 the MTC granted execution pending appeal, finding the shortness of the remaining term a “good reason.” Laxina opposed, arguing the trial court lost jurisdiction by reason of the perfected appeal.
COMELEC reversed the MTC’s grant of execution, holding that “shortness of term” alone did not constitute a “good reason” to justify execution pending appeal, and ordered Fermo to cease and desist from performing the functions of Punong Barangay and to relinquish the post to Laxina pending fi...(Subscriber-Only)
Issues:
- Did the Commission on Elections act with grave abuse of discretion amounting to lack or excess of jurisdiction in annulling the MTC’s order granting execution pending appeal?
- Did the COMELEC err in ordering petitioner Fermo to cease and desist from performing the functions of Punong Barangay and to relinquish the office pending resolution of the appeal, thereby prejudging the contest or effectively gra...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)