Bernardez v. Commission on Elections
REITERATIONFacts
The Antecedents: Petitioner Joseph Bernardez and private respondent Avelino Tolean were candidates for Vice-Mayor of Sabangan, Mountain Province, in the May 14, 2007 elections. Tolean was initially proclaimed the winner by a single vote. Bernardez filed an election protest, alleging fraud and deceit. The Regional Trial Court (RTC) subsequently declared Bernardez the winner by eleven votes and nullified Tolean's proclamation. Procedural History: Following the RTC's decision, Bernardez filed a motion for execution pending appeal, which the RTC granted via a Special Order on March 31, 2009. Tolean had filed a Notice of Appeal on March 6, 2009. The COMELEC Second Division initially dismissed Tolean's appeal on June 1, 2009, for failure to pay appeal fees. However, on September 22, 2009, the same division reversed its earlier stance, setting aside the RTC's Special Order and granting Tolean's petition for injunction. The COMELEC en banc subsequently denied Bernardez's motion for reconsideration on November 4, 2009, for failure to pay motion fees, leading to a Writ of Execution in favor of Tolean. The Petition: This petition for Certiorari assails the COMELEC en banc's Order of November 4, 2009, and the COMELEC Second Division's Resolution of September 22, 2009. Petitioner argues that the COMELEC committed grave abuse of discretion by granting Tolean's injunction petition despite the dismissal of his appeal, by failing to consider that the RTC decision had become final and executory, and by issuing a writ of execution that effectively unseated Bernardez without proper basis. The petition contends that the COMELEC prioritized technicalities over the substance of the case and failed to uphold the electorate's will.
Issue(s)
Whether the COMELEC committed grave abuse of discretion in issuing its Resolution dated September 22, 2009, and its Order dated November 4, 2009, by granting injunctive relief despite the dismissal of the private respondent's appeal. Whether the COMELEC committed grave abuse of discretion in denying the motion for reconsideration based on technicality, thereby disregarding due process and substantive justice. Whether the COMELEC committed grave abuse of discretion by deviating from its mandate to liberally construe election laws and by disregarding due process, particularly in ordering Bernardez to vacate his office despite the finality of the RTC decision.
Ruling
The petition is GRANTED. The Order dated November 4, 2009, of the COMELEC en banc and the Resolution dated September 22, 2009, of the Second Division of the COMELEC are ANNULLED and SET ASIDE. The Entry of Judgment issued on November 5, 2009, and the Writ of Execution issued on November 19, 2009, are likewise ANNULLED and SET ASIDE. Private respondent Avelino Tolean is ordered to cease and desist from exercising the powers and functions of Vice-Mayor of Sabangan, Mountain Province, and to relinquish and vacate the same in favor of petitioner Joseph Bernardez, and to cause the peaceful and smooth turn-over of office to Bernardez.
Ratio Decidendi
On the COMELEC's Grave Abuse of Discretion and Propriety of Injunctive Relief: The Supreme Court found that the COMELEC Second Division committed grave abuse of discretion when it granted private respondent Tolean's petition for injunction on September 22, 2009, without considering that Tolean's Notice of Appeal had already been dismissed on June 1, 2009. The dismissal of the appeal rendered the RTC's decision proclaiming petitioner Bernardez as the duly elected Vice-Mayor final and executory. Therefore, the ground for the injunction had no basis. Injunctive reliefs are preservative remedies, and when the act sought to be enjoined has already become fait accompli, the prayer should be denied. Granting an injunction to prevent the execution of this final decision was therefore improper. On the Effect of Dismissal of Appeal and COMELEC en banc's Denial of Motion for Reconsideration: The dismissal of Tolean's Notice of Appeal for non-payment of appeal fees was a crucial factor. Since Tolean did not appeal this dismissal to the COMELEC en banc, the RTC's decision proclaiming Bernardez as the winner became final and executory. The COMELEC en banc's denial of Bernardez's motion for reconsideration, based solely on the technicality of failure to pay motion fees, was also deemed an act of grave abuse of discretion. The COMELEC en banc should have considered the substantive issue: that the underlying resolution it was being asked to reconsider had been issued despite the finality of the RTC decision. On Due Process and Substantive Justice: The Court emphasized that the COMELEC's actions, particularly the issuance of the writ of execution ordering Bernardez to vacate his office in favor of Tolean, despite the finality of the RTC decision in Bernardez's favor, constituted an injustice. The COMELEC's procedural missteps, including the reversal of the RTC decision via a petition for injunction after the appeal was dismissed, and the denial of reconsideration on a technicality, demonstrated a disregard for substantive justice and the mandate to safeguard the will of the electorate.
Main Doctrine
The Commission on Elections (COMELEC) committed grave abuse of discretion in issuing a Resolution granting an injunction and a Status Quo Ante Order, and subsequently an Order denying a motion for reconsideration, when the underlying Notice of Appeal had already been dismissed for failure to pay appeal fees, rendering the Regional Trial Court's decision final and executory. Injunctive reliefs are preservative remedies, and when the act sought to be enjoined has become fait accompli, the prayer for such relief should be denied.