Title
Navarosa vs. Commission on Elections
Case
G.R. No. 157957
Decision Date
Sep 18, 2003
Navarosa and Esto contested Libacao mayoralty; RTC declared Esto winner. COMELEC upheld execution pending appeal, dismissing Navarosa’s jurisdictional challenge and supersedeas bond claim. SC affirmed, citing public interest and estoppel.
election protest
jurisdiction
execution pending appeal
A

Case Digest (G.R. No. 157957)

Facts:

  • Parties and electoral setting
    • Charito Navarosa (petitioner Navarosa) and Roger M. Esto (respondent Esto) were candidates for mayor of Libacao, Aklan in the 14 May 2001 elections.
    • The mayoralty race produced an initially proclaimed winner based on the canvass results.
  • Canvass and proclamation
    • On 17 May 2001, the COMELEC Municipal Board of Canvassers of Libacao proclaimed petitioner Navarosa as duly elected mayor.
    • The proclamation gave petitioner Navarosa a winning margin of three (3) votes over respondent Esto.
  • Election protest and counter-protest
    • Claiming irregularities in the canvassing of ballots in several precincts, respondent Esto filed an election protest docketed as Election Case No. 129 in the Regional Trial Court, Branch 9, Kalibo, Aklan (trial court).
    • Petitioner Navarosa filed a counter-protest in the same case, also alleging that canvassing irregularities prejudiced her.
  • Trial court judgment in favor of respondent Esto
    • After revision of the contested ballots, the trial court rendered judgment on 4 March 2002 in favor of respondent Esto.
    • The trial court found respondent Esto obtained 4,595 votes while petitioner Navarosa obtained 4,553 votes.
    • The trial court declared respondent Esto elected mayor by a margin of 42 votes.
    • The trial court annulled petitioner Navarosa’s earlier proclamation.
    • The trial court ordered petitioner Navarosa to pay respondent Esto:
      • PHP 14,215.00 as actual and compensatory damages; and
      • PHP 50,000.00 as and for attorney’s fees, plus the cost of suit.
    • The trial court’s dispositive portion declared:
      • The proclamation of petitioner Navarosa as well as the certificate of canvass and proclamation of winning candidates dated May 17, 2001 as null and void.
      • Respondent Esto as duly elected Municipal Mayor of Libacao, Aklan in the May 14, 2001 election.
      • The monetary awards and costs as stated in the judgment.
  • Appeal and motion for execution pending appeal
    • Petitioner Navarosa appealed the trial court’s ruling to the COMELEC (EAC Case No. A-9-2002).
    • Respondent Esto filed with the trial court a motion for execution of the judgment pending petitioner Navarosa’s appeal.
    • Petitioner Navarosa opposed the motion for execution pending appeal.
    • In the alternative, petitioner Navarosa offered to file a supersedeas bond to stay execution pending appeal if granted by the trial court.
  • Trial court Order of 22 March 2002
    • The trial court issued an Order dated 22 March 2002 granting respondent Esto’s motion for execution pending appeal subject to the filing of a PHP 300,000 bond.
    • In the same Order, the trial court also granted petitioner Navarosa’s prayer to stay execution pending appeal upon the filing of a PHP 600,000 supersedeas bond.
    • The trial court reasoned that execution pending appeal in election cases received Supreme Court approval under Sec. 2, Rule 39 (as cited in Ramas et al. vs. COMELEC, et al., G.R. No. 130831, 2/10/98).
    • The trial court identified “good reasons” to justify discretionary execution, including:
      • The grant would give substance and meaning to the people’s mandate since the court established protestant’s right to the office; and
      • More than ten (10) months, or nearly one-third (1/3) of the three-year (3-year) term for mayor, had already lapsed.
    • The trial court treated Sec. 3, Rule 39 as allowing stay of discretionary execution upon filing of a sufficient supersedeas bond.
    • The trial court held that the margin of 42 votes was not so overwhelming or insurmountable as to be practically beyond or improbable of being overturned.
    • The trial court further directed:
      • Respondent Esto was entitled to execution pending appeal upon filing a bond of PHP 300,000 to cover the salary and emoluments of the Municipal Mayor of Libacao, Aklan, and/or the payment of all damages in the amount of PHP 300,000.
        • ...(Subscriber-Only)

Issues:

  • Grave abuse of discretion and jurisdictional complaint on COMELEC filing fee
    • Whether the public respondent COMELEC En Banc acted with grave abuse of discretion amounting to lack or excess of jurisdiction when it affirmed the COMELEC Second Division Resolution despite the alleged failure of the trial court to acquire jurisdiction over the election protest due to respondent Esto’s non-payment of the mandatory COMELEC filing fee of PHP 300.00.
  • Grave abuse of discretion in relation to absence of “good reasons”
    • Whether the COMELEC En Banc acted with grave abuse of discretion amounting to lack or excess of jurisdiction when it affirmed the COMELEC Second Division Resolution despite the alleged absence of “good reasons” to execute the 4 March 2002 trial court decision pending appeal.
  • Grave abuse of discretion on stay of execution and applicability of Sec. 3, Rule 39
    • Whether the COMELEC En Banc acted with ...(Subscriber-Only)

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)
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