G.R. No. 146875 - Mendoza vs. Laxina, Sr.

On May 27, 1997, Manuel D. Laxina, Sr. was proclaimed winner in the 1997 Barangay Elections for Batasan Hills, Quezon City, took his oath, and assumed office as Barangay Captain.
Roque Fermo filed an election protest with the Metropolitan Trial Court (MTC) of Quezon City, Branch 40; on January 18, 1999, the MTC declared Fermo the winner and, on January 20, 1999, granted his motion for execution pending appeal, prompting Laxina to vacate and relinquish the office.

On September 16, 1999, the COMELEC en banc annulled the MTC’s January 20 order, directed Fermo to cease performing barangay captain duties, and ordered him to relinquish to Laxina pending appeal.
On October 27, 1999, COMELEC issued a writ of execution served on Fermo (who refused to comply); Laxina began discharging functions at the SK-Hall, appointed a barangay secretary (Nov. 8) and treasurer, and on November 16, 1999, took his oath anew before the City Mayor; Fermo finally turned over barangay assets on November 17, 1999.

Between November 1–December 31, 1999, the Barangay Council ratified Laxina’s appointments (Resolutions No. 001-S-1999, 002-S-1999) and appropriated P864,326.00 for salaries (Resolution No. 017-S-99); payroll listed Laxina and his appointees effective November 8, 1999.
Councilors Mendoza, Espino, and Mendoza refused to sign the payroll; on January 2000 they filed a complaint with the Quezon City Council for anti-graft, corrupt practices, and falsification, alleging antedated appointments and unauthorized salaries.

The City Council’s Special Investigation Committee (Oct. 2, 2000) found Laxina guilty of grave misconduct for appointing before his second oath but in good faith, recommended two-month suspension; Council adopted findings Oct. 3 and appointed an acting captain Oct. 9, 2000.
Laxina filed certiorari with the Regional Trial Court (Branch 77); on November 13, 2000, the court granted summary judgment, set aside the Council’s decision, lifted suspension, and restored benefits.

Whether a duly proclaimed but unseated elective official must take a new oath of office as a sine qua non to validly re-assume office when COMELEC orders relinquishment.
When, as a matter of law, did Laxina validly re-assume the office—upon service of the writ of execution and actual performance (Oct. 28, 1999) or upon physical turnover of assets (Nov. 17, 1999)?
Whether the premature appointment of barangay officials and antedated payroll entries constitute grave misconduct.
Whether Laxina’s failure to exhaust administrative remedies (i.e., appeal to the Office of the President) bars judicial intervention.