Case Summary (G.R. No. 185140)
Background of the Case
- Jerry B. Aguilar won the chairmanship of Brgy. Bansarvil, Kapatagan, Lanao del Norte, in the October 2007 barangay elections by a margin of one vote over Romulo R. Insoy.
- Insoy filed an election protest (Election Case No. 516) in the Municipal Trial Court (MTC) of Kapatagan, contesting the election results.
- The MTC ruled in favor of Insoy on April 17, 2008, declaring him the duly elected punong barangay and ordering Aguilar to vacate the office.
Appeal Process Initiated by Aguilar
- Aguilar filed a notice of appeal on April 21, 2008, and paid the appeal fee of P1,000.00, as required by the newly promulgated A.M. No. 07-4-15-SC.
- The records were elevated to the Commission on Elections (COMELEC), which issued an order on July 31, 2008, dismissing Aguilar's appeal for failure to pay the correct appeal fee of P3,000.00 within the prescribed period.
COMELEC's Orders and Aguilar's Motions for Reconsideration
- Aguilar filed a motion for reconsideration, arguing that the correct fee was P1,000.00, but the COMELEC First Division denied this motion on September 4, 2008, citing failure to pay a P700.00 motion fee.
- Aguilar subsequently filed another motion for reconsideration, asserting that the orders were null and void as they were issued by a division rather than the COMELEC en banc.
Jurisdictional Issues and Violations
- The COMELEC First Division issued a third order on October 6, 2008, denying Aguilar's second motion for reconsideration and declaring the previous orders final and executory.
- The Court noted that the orders were issued by a division of the COMELEC, which is contrary to the constitutional requirement that motions for reconsideration must be resolved by the COMELEC en banc.
Constitutional and Procedural Framework
- Article IX-C, Section 3 of the Constitution mandates that motions for reconsideration of decisions must be decided by the COMELEC en banc.
- The COMELEC Rules of Procedure further stipulate that the Clerk of Court must notify the Presiding Commissioner to certify the case to the en banc within a specified timeframe.
Grave Abuse of Discretion by COMELEC
- The Court found that the COMELEC First Division acted with grave abuse of discretion by dismissing Aguilar's appeal without following the proper constitutional and procedural protocols.
- The dismissal was deemed an exercise of judgment in excess of jurisdiction, as the division usurped the en banc's authority.
Clarification of Appeal Fee Requirements
- The Court examined the rules regarding appeal fees, noting that the P1,000.00 fee is paid to the trial court, while the P3,2...continue reading
Case Syllabus (G.R. No. 185140)
Case Background
- This case is a petition for certiorari under Rules 64 and 65 concerning the decisions of the Commission on Elections (COMELEC) in relation to the barangay elections held in October 2007.
- Petitioner Jerry B. Aguilar was elected chairman of Barangay Bansarvil 1, Kapatagan, Lanao del Norte, defeating private respondent Romulo R. Insoy by a single vote.
- Following the election, Insoy contested the result by filing an election protest, which was assigned Election Case No. 516 at the Municipal Trial Court (MTC) of Kapatagan.
Trial Court Proceedings
- On April 17, 2008, the MTC ruled in favor of Insoy, declaring him the duly elected punong barangay after the revision of votes indicated Insoy received 265 votes to Aguilar’s 264.
- The trial court nullified Aguilar's proclamation and ordered him to vacate the office.
Appeal Process
- Aguilar filed a notice of appeal on April 21, 2008, and paid the required appeal fee of P1,000.00 in compliance with the Rules of Procedure in Election Contests Before the Courts Involving Elective Municipal and Barangay Officials (A.M. No. 07-4-15-SC).
- Upon receipt of records from the trial court, the COMELEC First Division issued an order on July 31, 2008, dismissing Aguilar's appeal for failure to pay an additional appeal fee of P3,000.00 within the prescribed period.