Title
Supreme Court
Pecson vs. Commission on Elections
Case
G.R. No. 182865
Decision Date
Dec 24, 2008
Pecson won mayoral election protest; RTC granted execution pending appeal, upheld by COMELEC Second Division but reversed en banc. SC annulled en banc ruling, affirming RTC's jurisdiction and Pecson's clear victory.

Case Summary (G.R. No. 182865)

Background of the Dispute

In the May 2007 elections, Cunanan received 12,592 votes compared to Pecson's 12,531, resulting in a narrow margin of 61 votes. Following his proclamation as mayor and assumption of office, Pecson filed an election protest. The Regional Trial Court (RTC) ruled in Pecson's favor, stating he received 14,897 votes against Cunanan's 13,758. Following this ruling, Cunanan filed a notice of appeal while Pecson sought immediate execution pending appeal, which the RTC initially granted, indicating that Pecson's victory was manifest.

Motion for Execution Pending Appeal

The RTC's Special Order allowing execution pending appeal emphasized that the proper adjudication of election protest cases should uphold the electoral mandate of the voters. It supported the urgency of execution to prevent delay from burdening the electoral process and causing public interest harm. This order faced opposition when Cunanan sought to suspend its execution at the COMELEC, arguing issues related to the sufficiency of the RTC’s decision.

COMELEC Interventions

Upon appeal, the Second Division of the COMELEC issued a temporary restraining order preventing the RTC from executing its decision and allowing Cunanan to retain his position as mayor. The COMELEC ruled that while the RTC retained authority to order execution pending appeal, it undermined the ongoing appeal process erroneously, which led to the confusion of two presumptive winners.

Supreme Court's Review and Ruling

The Supreme Court was petitioned to review the COMELEC's decision, with Pecson arguing that the RTC's findings established his victory with sufficient clarity. The Court highlighted the necessity of executing court decisions pending appeal in elections, emphasizing the Rule of Law's aim of recognizing judicial decisions reflective of the electorate’s will. The Court ultimately ruled that the RTC adequately established good reason to grant Pecson's motion for execution pending appeal and that COMELEC acted with grave abuse of discretion by nullifying that order.

Final Judgment

The Supreme Court concluded that the COMELEC erroneously balanced the interests of provisional incumbency against the need for swi

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