Case Summary (G.R. No. 187635)
Facts
Following the barangay elections, Mateo R. Nollen, Jr. was declared the winner with 456 votes against Susana M. Caballes' 448 votes. However, Caballes filed an election protest with the Municipal Trial Court (MTC) of Sariaya, which ultimately ruled in her favor on June 3, 2008, declaring her the winner with 456 votes to Nollen's 451. Nollen then filed a notice of appeal with the MTC on June 5, 2008, and paid an appeal fee of PhP 1,000. The MTC's records were subsequently elevated to the Commission on Elections (COMELEC).
Ruling of the COMELEC First Division
The COMELEC First Division dismissed Nollen’s appeal on September 22, 2008, on the grounds that he failed to pay the required appeal fee of PhP 3,000 within the specified reglementary period of five days. Nollen sought reconsideration, arguing for a liberal interpretation of the rules, stating that his earlier payment of PhP 1,000 was sufficient.
Subsequent Developments
On October 6, 2008, Nollen paid the additional amount of PhP 3,200 to the COMELEC, although he maintained that such payment should not have been necessary. The COMELEC En Banc subsequently denied Nollen’s motion for reconsideration on April 2, 2009, concluding that the appeal was not validly registered as he had not made the necessary payment of appeal fees within the prescribed timeframe.
Legal Issue
The central legal issue presented before the court was whether the COMELEC acted with grave abuse of discretion, or without jurisdiction, in its dismissal of Nollen's appeal and the subsequent denial of his motion for reconsideration.
Court's Ruling
The petition was granted by the Court. It elaborated on the procedural requirements for the payment of appeal fees, clarifying that the existing rules regarding election protests had evolved over time, particularly due to the introduction of different appeal fees under various resolutions. The Court noted that the appeal is deemed perfected upon timely filing of the notice of appeal and the payment of the initial PhP 1,000 fee, notwithstanding the later requirement of a PhP 3,200 fee to the COMELEC.
Clarification of Appeal Fees
The Court distinguished between the separate payment requirements, emphasizing that the subsequent payment of the additional appeal fee does not retroactively negate the perfection of the appeal already established by the initial payment. It emphasized that the COMELEC had a discretion in dismissing appeals based on fee-related issues, which was not absolute, hence the failure to dismiss Nollen's appeal outright was justified.
Applicability of Recent Juris
...continue reading
Case Syllabus (G.R. No. 187635)
The Case
- This case is a petition for certiorari under Rule 64 in relation to Rule 65.
- Mateo R. Nollen, Jr. challenges the Order dated September 22, 2008 of the Commission on Elections (COMELEC) First Division and the Resolution of April 2, 2009 of the COMELEC En Banc.
- The petitioner seeks to nullify these orders which dismissed his appeal related to the election for punong barangay in Gibanga, Sariaya, Quezon.
The Facts
- Both Nollen and respondent Susana M. Caballes were candidates in the October 29, 2007 barangay elections.
- Nollen received 456 votes, defeating Caballes who garnered 448 votes, leading to his declaration as punong barangay-elect.
- Dissatisfied with the results, Caballes filed an election protest with the Municipal Trial Court (MTC) in Sariaya, Quezon.
- The MTC ruled on June 3, 2008, declaring Caballes as the punong barangay-elect with 456 votes, 5 more than Nollen’s 451 votes.
- Nollen filed a notice of appeal and paid an appeal fee of PhP 1,000 on June 5, 2008.
- The records were elevated to the COMELEC, which dismissed Nollen's appeal on September 22, 2008, due to non-payment of the prescribed appeal fee of PhP 3,000 within the required period.
- Nollen sought reconsideration, arguing that his PhP