Case Digest (G.R. No. 120193)
Facts:
Luis Malaluan v. Commission on Elections and Joseph Evangelista, G.R. No. 120193, March 06, 1996, the Supreme Court En Banc, Hermosisima, Jr., J., writing for the Court.
In the May 11, 1992 synchronized national and local elections for the Municipality of Kidapawan, North Cotabato, Joseph Evangelista was proclaimed by the Municipal Board of Canvassers with 10,498 votes versus Luis Malaluan’s 9,792 votes. On May 22, 1992, Malaluan filed an election protest in the Regional Trial Court (RTC) contesting 64 of the municipality’s 181 precincts. The RTC (Kidapawan, 12th Judicial Region, presided by Judge Rodolfo M. Serrano) subsequently declared Malaluan the duly elected mayor by a plurality of 154 votes and, unusually, awarded protest expenses, moral and exemplary damages, and attorneys’ fees against Evangelista.
Evangelista appealed the RTC decision to the Commission on Elections (COMELEC) on February 3, 1994. Malaluan filed a motion for execution pending appeal on February 4, 1994; the RTC granted the motion on March 8, 1994 after Malaluan posted a P500,000 bond, and Malaluan assumed the mayoral office and exercised its functions. The COMELEC First Division, however, reversed the RTC and found Evangelista to be the rightful winner, ordered Malaluan to vacate, and — unusually — awarded Evangelista actual damages consisting of attorneys’ fees (P372,500.00 less a P300,000 success fee deduction), xerox expenses (about P15,154.00), and unearned salary and emoluments for March 1994–April 1995 (P169,456.00), with a net collectible amount to be taken from Malaluan’s P500,000 bond. The COMELEC en banc affirmed the First Division on May 5, 1995 and denied Malaluan’s motion for reconsideration filed March 29, 1995.
Malaluan filed a petition for certiorari and prohibition (with prayer for TRO and preliminary injunction) before the Supreme Court on May 31, 1995. By then the term of o...(Pro-only)
Issues:
- Is the petition moot insofar as it seeks possession of the mayoralty given the expiration of the contested term?
- Did the COMELEC gravely abuse its discretion in awarding actual or compensatory damages (attorneys’ fees and litigation expenses) to Evangelista?
- Did the COMELEC gravely abuse its discretion in awarding unearned salary and other emoluments for March 1994–April 1995 to Evangelista?
- Was the RTC’s grant of execution pending appeal (and Malaluan’s assumption of office after posting bond) issued with grave abuse of discretion such t...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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