Title
Relampagos vs. Cumba
Case
G.R. No. 118861
Decision Date
Apr 27, 1995
Election dispute between Relampagos and Cumba for Magallanes mayoralty; COMELEC upheld jurisdiction to issue writs, nullifying RTC's execution pending appeal after perfected appeal.

Case Summary (G.R. No. 118861)

Issue of COMELEC’s Jurisdiction Over Extraordinary Writs in Election Cases

The fundamental legal issue revolves around whether the COMELEC has jurisdiction to hear and decide petitions for certiorari, prohibition, and mandamus in election cases where it holds exclusive appellate jurisdiction. The Court revisited this question in light of previous rulings—specifically Garcia vs. De Jesus and Uy vs. Commission on Elections (1992), and Veloria vs. Commission on Elections (1992)—which held that COMELEC lacked jurisdiction to issue these extraordinary writs absent explicit constitutional or statutory grant. The Court recognized that appellate and original jurisdiction are mutually exclusive and that original jurisdiction to issue prerogative writs must be expressly conferred by law or the Constitution.

Statutory Basis for COMELEC’s Claimed Jurisdiction: B.P. Blg. 697, Section 50

Respondent COMELEC asserted jurisdiction based on Section 50 of B.P. Blg. 697, which explicitly vests the Commission with exclusive authority to hear and decide petitions for certiorari, prohibition, and mandamus in election cases. The petitioner counterargued that B.P. Blg. 697 was a temporary statute intended solely for the 1984 Batasang Pambansa elections and therefore self-destructed thereafter. The COMELEC maintained that the statute had not been repealed by the Omnibus Election Code (B.P. Blg. 881) and that its provisions, specifically Section 50, remain applicable and consistent with current election laws.

Election Background and Lower Court Proceedings

In the 1992 local elections for Mayor of Magallanes, petitioner Relampagos lost to respondent Cumba by a narrow margin. Petitioner subsequently filed an election protest with the Regional Trial Court (RTC), which ruled in petitioner’s favor by a six-vote margin on June 29, 1994. Upon receipt of the decision, the private respondent appealed the ruling to the COMELEC on July 4, 1994, with the trial court giving due course to the appeal on July 8, 1994. The petitioner filed a motion for execution pending appeal on July 12, 1994, which the trial court granted on August 3, 1994, resulting in the issuance of the writ of execution. The private respondent challenged this order via a petition for certiorari filed with the COMELEC.

COMELEC’s Resolution Asserting Jurisdiction and Modifying Trial Court Order

On February 9, 1995, the COMELEC promulgated a resolution asserting it had exclusive authority over certiorari, prohibition, and mandamus petitions involving election cases, and therefore, exercised jurisdiction over the petitioner’s certiorari petition. The COMELEC declared null and void the trial court’s order granting execution pending appeal and lifted the writ of execution, restoring the private respondent to her position as Mayor pending final resolution of the appeal before the Commission.

COMELEC’s Justifications and Arguments on Jurisdiction

COMELEC justified its jurisdiction by relying on Section 50 of B.P. Blg. 697, arguing the statute was not expressly repealed by the Omnibus Election Code and did not self-destruct following the 1984 election. It emphasized the principle that implied repeal of statutes is disfavored and stressed that Section 50’s grant of jurisdiction was consistent with existing election laws. The Commission contended that as the body statutorily vested with exclusive appellate jurisdiction over election cases, it was logically and functionally the proper entity to issue the extraordinary writs in question to carry out its judicial functions effectively. Furthermore, COMELEC distinguished the present case from prior rulings where certiorari petitions were filed directly against trial courts before their jurisdiction had been divested by perfected appeals.

Doctrine and Precedent on Jurisdiction and Implied Repeal

The Court revisited the doctrine that original jurisdiction must be explicitly granted by the law and rejected granting jurisdiction by implication. It underscored the rule against implied repeal, explaining that the Omnibus Election Code’s repealing clause only repeals laws inconsistent with it, and since Section 50 of B.P. Blg. 697 is not inconsistent, it remains effective. The Court clarified that legislative intent is paramount and must be ascertained by harmonizing existing statutes unless clear conflict exists. Prior case law reiterated included the principle that prerogative writs and original jurisdiction for quasi-judicial bodies require express legal authority.

Distinction Between Appellate and Original Jurisdiction of COMELEC

The Court clarified that COMELEC’s jurisdiction to issue extraordinary writs is limited to cases where such writs are issued in aid of its exclusive appellate jurisdiction over election contests under the Constitution (Article IX-C, Section 1(2)). It held that the Commission cannot exercise original jurisdiction over these writs except as necessary to perform its appellate functions effectively. The Commission’s assumption of jurisdiction in the case arose from its appellate jurisdiction over appeals from the RTC decision, aligning with its constitutional mandate to act as a court of justice in election matters.

Procedural Defects in Trial Court’s Order and Timing of Execution Pending Appeal

The Court found the trial court’s order granting execution pending appeal to have been issued with a palpable and whimsical abuse of discretion. Since the appeal to COMELEC was perfected on July 8, 1994 (when the court acknowledged due course and elevated the records), the trial court had lost jurisdiction to act upon any subsequent motions relative to execution pending appeal, including the petitioner’s motion filed on July 12, 1994. Any execution motion must be filed before the perfection of appeal; filing after divests the trial court of jurisdiction, rendering such an order invalid.

COMELEC’s Validity in Rescinding Trial Court Order and Issuing Resolution

Given COMELEC’s proper exercise of jurisdiction in aid of its exclusive appellate power, the Court upheld the Commission’s resolution nullifying the trial court’s order and lifting the writ of execution. The COMELEC’s action was deemed necessary and lawful to preserve the subject matter of the appeal and maintain the status quo pending final adjudication. The Commission’s authority to issue such writs was found to be grounded both in statute (Section 50, B.P. Blg. 697) and constitutional interpretation of its appellate jurisdiction, rebutting prior Sup

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