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PATRIA C. GUTIERREZ v. COMELEC

FACTS:

In the local elections of May 8, 1995, Patria Gutierrez and Naomi Corral ran for the position of Municipal Mayor of Tiwi, Albay. Corral was proclaimed elected mayor after obtaining 9,097 votes, while Gutierrez received 8,041 votes. Gutierrez filed a protest contesting the election results, alleging fraud and irregularities. Corral counter-protested the remaining precincts. The case was transferred to the RTC of Legaspi City and the only issue for resolution was whether the contested ballots were properly appreciated. Corral died and Vice-Mayor Vicente Tomas Vera III assumed the office of Municipal Mayor. Vera was allowed to intervene in the election case. The trial court subsequently declared Gutierrez as the duly elected mayor. Gutierrez moved for the immediate execution of the decision, while Vera filed a notice of appeal and opposition to the motion for execution. Despite Vera's opposition, the trial court granted the motion for execution pending appeal and Gutierrez assumed office.

ISSUES:

  1. Whether or not the TRO and writ of preliminary injunction issued by the COMELEC commanding petitioner Patria Gutierrez to cease and desist from performing the duties and functions of Mayor of Tiwi, Albay, and enjoining the presiding Judge of the RTC from enforcing the order/writ of execution pending appeal of his decision in Election Case No. 01-95 should be nullified.

  2. Whether or not the trial court erred in granting the motion for execution pending appeal and ordering the issuance of the corresponding writ of execution.

RULING:

  1. The TRO and writ of preliminary injunction issued by the COMELEC were not nullified. The Court found that the COMELEC had jurisdiction to issue the TRO and writ of preliminary injunction in connection with Election Case No. 01-95, and that Gutierrez failed to show any grave abuse of discretion on the part of the COMELEC in issuing said orders.

  2. The trial court did not err in granting the motion for execution pending appeal and ordering the issuance of the corresponding writ of execution. The Court held that Section 2, Rule 40 of the COMELEC Rules of Procedure allows execution pending appeal in election cases and that the trial court had the authority to grant such motion.

PRINCIPLES:

  • The COMELEC has jurisdiction to issue TROs and writs of preliminary injunction in connection with election cases.

  • Execution pending appeal is allowed in election cases.

  • The trial court has the authority to grant a motion for execution pending appeal.