Title
Tolentino vs. Commission on Elections
Case
G.R. No. 218536
Decision Date
Jan 26, 2016
A 2013 barangay election protest led to a vote recount favoring Tolentino, but COMELEC intervened, halting execution pending appeal. The Supreme Court upheld COMELEC's authority, dismissed Tolentino's petition, and admonished his counsel for unethical conduct.
certiorari
election
petition

Case Summary (G.R. No. 77396)

Facts Leading to the Election Protest and Subsequent Writ of Execution

During the October 28, 2013 barangay elections, Manalo was initially proclaimed the winner for Barangay Captain by a margin of one vote: 441 votes for Manalo and 440 for Tolentino. Tolentino promptly filed an election protest with the Municipal Trial Court in Cities (MTCC), Tarlac City on October 30, 2013, docketed as Election Case No. 03-2013. During the revision of ballots, the MTCC’s initial tally favored Tolentino with 439 votes against Manalo’s 442 votes. The MTCC later invalidated six (6) ballots cast for Manalo and one (1) ballot cast for Tolentino, producing a shift in favor of Tolentino.

On November 26, 2014, the MTCC proclaimed Tolentino as winner with 438 votes compared to Manalo’s 436. That same day, Manalo filed a Notice of Appeal with the MTCC. On the next day, November 27, 2014, Tolentino moved for execution pending appeal, which Manalo opposed. On December 16, 2014, the MTCC issued a Special Order granting Tolentino’s motion for execution pending appeal pursuant to Rule 14, Section 11(b) of the Rules of Procedure in Election Contests involving Elective Municipal and Barangay Officials, but it held the issuance of the writ in abeyance, while giving due course to Manalo’s appeal.

Manalo’s Petition Before the COMELEC and the TRO Affecting Implementation

On January 8, 2015, Manalo filed with the COMELEC a Petition for Certiorari in SPR (BRGY) No. 03-2015, with an application for a temporary restraining order (TRO), a status quo ante order, or a writ of preliminary injunction. He alleged that the MTCC committed grave abuse of discretion in granting execution pending appeal, and he also contended that he, not Tolentino, was the clear winner.

On January 30, 2015, the MTCC issued the writ of execution. On the same day, the COMELEC, First Division, issued a 60-day TRO prohibiting the MTCC from implementing its Special Order in Election Protest Case No. 03-2013. Tolentino was ordered to file an answer, which he did on February 5, 2015, while he also moved for reconsideration of the TRO. Manalo filed his opposition on February 17, 2015. Tolentino later filed an urgent motion requesting resolution, and the COMELEC set the matter for hearing together with the main petition on March 4, 2015. After the hearing, the COMELEC directed submission of memoranda within ten days and deemed the case submitted for resolution.

The TRO lapsed on April 1, 2015, without the COMELEC issuing a writ of preliminary injunction or rendering a decision. On April 10, 2015, Tolentino sought implementation of the writ from both the MTCC and the City Election Officer of Tarlac. On April 27, 2015, the MTCC denied Tolentino’s request on the ground that it had already lost jurisdiction to entertain further motions after transmitting the case records to the COMELEC.

Tolentino’s Threatened Demand and the COMELEC Assailed Order

Despite the MTCC’s denial, Tolentino—through Atty. Ramon D. Facun—sent a “Final Request” to the COMELEC City Election Office demanding immediate implementation of the writ of execution pending appeal within five days, with a threat to file contempt charges for non-action. The Election Officer, Atty. Cristina R. Guiao-Garcia, endorsed the matter to the COMELEC Law Department, which then endorsed it to the COMELEC First Division where the case was pending. Acting on this endorsement, the COMELEC issued the assailed Order dated May 25, 2015, directing the Election Officer to await the Commission’s order and resolution, expressly stating that the case had been deemed submitted for resolution per its March 4, 2015 order.

Procedural Posture of the Present Petition and the Parties’ Claims

On June 26, 2015, Tolentino filed the present petition for certiorari, raising four challenges to the assailed COMELEC Order. He argued that the COMELEC committed grave abuse of discretion, issued the order without affording him a hearing, effectively prohibited implementation of the writ of execution pending appeal without issuing an injunction, and that Atty. Guiao-Garcia’s refusal amounted to willful disobedience and unethical conduct.

Manalo opposed the petition by asserting that the assailed order did not constitute grave abuse of discretion, that Tolentino had attempted to subvert COMELEC authority by seeking relief from a local COMELEC office while the main case was pending, and that Tolentino failed to exhaust available remedies because he did not move for reconsideration of the COMELEC Order.

The COMELEC, in turn, maintained that the petition was premature because Tolentino had an available plain, speedy, and adequate remedy—a motion for reconsideration—and that Tolentino failed to show that Atty. Guiao-Garcia brazenly disregarded processes, noting that she sought guidance from the Commission.

The Court’s Standards for Certiorari and Grave Abuse of Discretion

The Court recognized that certiorari lies when a tribunal exercising quasi-judicial power acts without or in excess of jurisdiction or with grave abuse of discretion amounting to lack of jurisdiction. It reiterated that grave abuse of discretion exists when there is a capricious and whimsical exercise of judgment equivalent to lack of jurisdiction, or when power is exercised arbitrarily and despotically due to passion, prejudice, or hostility, or when there is virtual refusal to perform a duty enjoined by law.

Absence of Grave Abuse of Discretion in the Assailed COMELEC Order

Applying these standards, the Court found no action that constituted grave abuse of discretion or absence of jurisdiction. First, the assailed Order was directed to Atty. Guiao-Garcia, as City Election Officer IV, who functioned as an agent of the COMELEC under its direct supervision. The Court held that the COMELEC had clear authority to issue orders to its employees to carry out its mandate and to discipline or relieve officers or employees who failed to comply.

Second, the Court emphasized that the COMELEC possessed authority under the Omnibus Election Code to enforce its decisions, directives, orders, and instructions, which the Code expressly declared to have precedence over those emanating from any other authority, except the Supreme Court and in habeas corpus proceedings.

Third, the Court treated the MTCC’s writ of execution pending appeal as unenforceable because the MTCC had already lost residual jurisdiction by the time it issued the writ. The MTCC rendered its decision on November 26, 2014, and both parties received copies that same day. Under Rule 14, Section 5 of AM No. 07-4-15-SC, Manalo had five days, until December 1, to file his notice of appeal, and he filed it on the same day. Under Rule 14, Section 10, the clerk of court was duty bound to transmit records to the COMELEC within fifteen days. Under Rule 14, Section 11 of AM No. 07-4-15-SC, the MTCC retained residual jurisdiction to order execution pending appeal only while two conditions concurred: (one) the records had not yet been transmitted to the COMELEC, and (two) the period to appeal had not yet expired. The MTCC ordered execution pending appeal on December 16, 2014, when the five-day appeal period had already expired. Further, applying the presumption of regularity, the clerk was presumed to have already transmitted the records. Consequently, the MTCC had lost complete jurisdiction when it issued the writ. At that stage, the COMELEC—already seized of jurisdiction—was the proper forum to grant execution pending appeal.

Fourth, the Court held that even assuming the writ had been issued within the MTCC’s residual jurisdiction, the MTCC decision was still subject to the COMELEC’s appellate jurisdiction. The COMELEC could affirm, reverse, vacate, or annul the MTCC judgment and could restrain implementation through injunctive writs. The Court therefore rejected Tolentino’s claim that the Commission’s refusal to implement execution pending appeal was beyond its jurisdiction.

The Court also addressed the claim of lack of notice and opportunity to be heard. It found that the record—and even Tolentino’s own pleadings—showed that Tolentino filed an answer and moved for reconsideration of the TRO, the Commission heard the motion on March 4, 2015, and Tolentino was allowed to submit memoranda. Thus, the Court found no factual basis for the allegation of denial of due notice and hearing.

Prematurity of the Petition and Tolentino’s Failure to Use Available Remedy

Finally, the Court stressed that certiorari was a remedy of last resort and does not lie when another speedy and adequate remedy remains available. It held that the petition was premature because Tolentino could still have moved for reconsideration of the May 25, 2015 Order. The Court further noted Tolentino’s resort to relief in multiple forums—particularly the MTCC and

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