Case Digest (G.R. No. 138219)
Facts:
Ex-Mayor Gerardo V. Tambaoan, et al., G.R. No. 138219, September 17, 2001, Supreme Court Third Division, Vitug, J., writing for the Court.In 1994 the fifteen barangay captains of Mapandan, Pangasinan, were convened to elect officers of the Liga ng mga Barangay (ABC). On 30 June 1994 seven captains, including Thelma P. Quinto, walked out and boycotted the election; the remaining eight, including Loreto Aquino, proceeded and elected Aquino as ABC President. Aquino received a DILG notification recognizing him on 6 July 1994, but Alex David, President/Secretary General of the National Liga, recalled that Certificate on 21 July 1994 for lack of requisite signatures on the canvass. On 20 September 1994 the Liga board appointed Quinto as ABC President and Quinto filed with the DILG a petition contesting Aquino’s election.
On 30 September 1994 Aquino and seven co-plaintiffs (barangay captains) filed Civil Case No. 94-00321-D in the Regional Trial Court (RTC), Dagupan City (Judge Deodoro Sison), seeking declaration of nullity of appointments, injunctive relief and damages against Quinto and six others. Judge Sison issued a temporary restraining order on 4 October 1994, but on 25 October 1994 denied the application for preliminary injunction and lifted the TRO. A motion for reconsideration was denied in an order dated 6 January 1995, which further directed that Quinto be allowed to assume office and draw her salary beginning 28 September 1994.
Enforcement of writs proved difficult: a writ of execution was returned unsatisfied (7 July 1995) and an alias writ was later issued by Judge Sison (28 July 1995). Quinto sought to assume her duties but was physically barred from entering the municipal session hall by petitioners; she performed some functions in the corridor and repeatedly demanded payment of salary from the Municipal Treasurer. DILG officials wrote to Mayor Tambaoan in August 1996 urging compliance with the RTC order and warning of possible consequences under RA 7160 and RA 6713.
The case was later raffled to Judge Crispin Laron. Quinto filed an urgent motion for alias writ of execution before Judge Laron; on 18 September 1996 Judge Laron granted the alias writ and ordered certain municipal officials to pay Quinto her salary from 28 September 1994 to present. Quinto then filed a petition for mandamus (docketed CA-G.R. SP No. 42368) with the Court of Appeals (CA). Meanwhile, on 6 November 1996 Judge Laron reconsidered and recalled the alias writ; his denial of Quinto’s motion for reconsideration on 18 December 1996 followed.
Quinto amended her CA petition to include certiorari review of Judge Laron’s 6 November and 18 December 1996 orders; on 30 April 1997 the CA rendered judgment in her favor, setting aside Judge Laron’s November and December 1996 orders, declaring the 6 January 1995 order enforceable and immediately executory, and remanding the case to the RTC for reception of evidence on respondents’ claim for damages. Re...(Pro-only)
Issues:
- Is the appointment of Thelma P. Quinto as President of the Liga ng mga Barangay valid?
- Can Thelma P. Quinto serve as ex-officio member of the Sangguniang Bayan of Mapandan on the basis of her appointment?
- Is the RTC order of 6 January 1995 (allowing Quinto to assume office and draw salary) a final order or merely interlocutory?
- If the 6 January 1995 order is interlocutory, is it nevertheless enforceable and subject to execution as held by the Court of Appeals?
- Were the RTC orders of 6 November 1996 and 18 December 1996 issued without jurisdiction, in excess of jurisdiction, or ...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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