Title
Malaluan vs. Commission on Elections
Case
G.R. No. 120193
Decision Date
Mar 6, 1996
Mayoralty election protest rendered moot by term expiration; COMELEC's damages award to Evangelista nullified for lack of legal basis; execution pending appeal upheld.

Case Digest (G.R. No. 146364)
Expanded Legal Reasoning Model

Facts:

  • Parties and Election Background
    • Petitioner Luis Malaluan and private respondent Joseph Evangelista both ran for the position of Municipal Mayor of Kidapawan, North Cotabato in the May 11, 1992 Synchronized National and Local Elections.
    • Evangelista was proclaimed winner by the Municipal Board of Canvassers with 10,498 votes against Malaluan's 9,792 votes, giving Evangelista a winning margin of 706 votes.
  • Election Protest and Trials
    • On May 22, 1992, petitioner Malaluan filed an election protest with the Regional Trial Court (RTC) contesting 64 out of 181 precincts in Kidapawan.
    • The RTC declared Malaluan as the duly elected mayor with a plurality of 154 votes and ordered damages, including attorney's fees, moral and exemplary damages.
    • Evangelista appealed the RTC decision to the Commission on Elections (COMELEC) on February 3, 1994. A day later, Malaluan filed a motion for execution pending appeal, which the RTC granted upon posting of a P500,000 bond on March 8, 1994. Malaluan assumed office on this basis and exercised mayoral functions.
  • COMELEC Ruling and Departmental Proceedings
    • The COMELEC First Division reversed the RTC decision, declaring Evangelista as the rightful winner and ordered Malaluan to vacate office.
    • The COMELEC en banc affirmed the First Division decision on May 5, 1995.
    • Malaluan filed the present petition for certiorari and prohibition on May 31, 1995.
  • Mootness of the Case as to Right to Office
    • The term of office for the mayor elected in 1992 expired on June 30, 1995, making the issue of right to the office moot and academic.
    • However, controversy remains over the propriety of damages awarded by the COMELEC to Evangelista, including attorney's fees, actual expenses, and unearned salary and emoluments from March 1994 to April 1995.

Issues:

  • Whether the case, involving an election contest with an expired term of office, has become moot and academic relative to the right of petitioner to hold the contested office.
  • Whether the COMELEC gravely abused its discretion in awarding actual damages, including attorney’s fees, actual expenses, and unearned salaries and emoluments to the private respondent Evangelista.
  • Whether there exists a legal basis to hold the petitioner liable for actual damages and the award thereof under the applicable laws and jurisprudence.
  • Whether the order of execution pending appeal issued by the RTC was lawful and justified.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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