Title
Gahol vs. Riodique
Case
G.R. No. L-40415
Decision Date
Jun 27, 1975
1971 Taal mayoral race protest: Caniza wins, Gahol appeals. SC upholds immediate execution, allows corrected bond, denies judge disqualification.

Case Summary (G.R. No. 164749)

Applicable Law

The case is governed by the Election Code of 1971, particularly relevant sections including Sections 218, 223, and 227, which outline the processes for election contests, appeal procedures, and bond requirements.

Initial Petitions and Motions

On April 3 and April 14, 1975, Gahol filed an original petition and a supplemental petition seeking a Writ of Certiorari. His petitions aimed to disqualify Judge Riodique from further acting in the election case after a decision was rendered in favor of Caniza, which he contested. Following the judge's ruling on April 10, 1975, stating the decision became final and executory, Gahol sought to elevate the case records to the Court of Appeals.

Timeline of Events and Orders

After the February 25 decision was rendered and served on Gahol on March 4, 1975, he filed a notice of appeal and a motion to fix the appeal bond. Simultaneously, Caniza filed for immediate execution of the judgment, citing reasons including the urgency of her assuming office before the term's expiration. The lower court denied this motion, labeling it premature due to the notice of appeal, and fixed the appeal bond at P30,000, which Gahol later attempted to address in his bond filings.

Appeal Bond and Compliance Issues

Gahol's appeal became contentious regarding his compliance with bond requirements. He filed a P30,000 surety bond, differing from the court's order specifying divided cash and surety amounts. Caniza contended that the bond's discrepancy invalidated Gahol's appeal; however, the Supreme Court found the issues to relate more to form than to substance, concluding Gahol had sufficiently complied with the filing requirements despite the judge’s previous ruling on appeal perfection.

Disqualification Motion

Gahol's motion for the disqualification of Judge Riodique was based on accusations of bias and alleged misconduct. The Supreme Court noted that a trial judge’s decision subject to appeal does not provide grounds for disqualification unless extrinsic facts demonstrate serious malfeasance. The court found no sufficient merit in Gahol's claims, asserting that complaints against judges cannot disrupt judicial proceedings unless they establish substantial grounds.

Immediate Execution of Judgment

Examining the potential for immediate execution of the ruling in favor of Caniza, the court reasoned that such execution supports legislative intent to allow a duly elected official to assume office despite pending protests. The court emphasized the need for public policy to uphold electoral integrity by minimizing the delays caused by appeals. Consequently, the Supreme Court upheld the lower court's discretion in allowing immediate execution, contingent upon Caniza's agreement to post a

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