Estrella vs Comelec

8/13/2019 Estrella vs Comelec

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Republic of the Philippines

SUPREME COURT

Manila

EN BANC

G.R. No. 160465 April 28, 2004

ROMEO M. ESTRELLA, petitioners,

vs.

COMMISSION ON ELECTIONS, HON. COMMISSIONER RALPH C. LANTION a!

ROLAN"O #. SAL$A"OR, respondents.

RESOL!"ON

CARPIO MORALES, J.%

Before this Court is a petition for certiorari under Rule #$ see%in& to set aside and nullif' the

Nove(ber ), *++ Status Quo Ante Order - issued b' the Co((ission on Elections COMELEC/ En Banc in EAC No. A0-+0*++*, 1 Romeo F. Estrella v. Rolando F. Salvador.1

Ro(eo M. Estrella petitioner/ and Rolando 2. Salvador respondent/ 3ere (a'oralt' candidates

in Baliua&, Bulacan durin& the Ma' -$, *++- Elections.

!he Municipal Board of Canvassers proclai(ed respondent as 3inner. Petitioner thereafter filed before the Re&ional !rial Court R!C/ of Bulacan an election protest, doc%eted as EPC No. -+0

M0*++-, 3hich 3as raffled to Branch -+ thereof.*

B' 4ecision of April -+, *++*, the R!C annulled respondent5s procla(ation and declared

petitioner as the dul' elected (a'or of Baliua&.

Respondent appealed the R!C decision to the COMELEC 3here it 3as doc%eted as EAC No. A&

10&2002, and raffled to the second 4ivision thereof, 3hile petitioner filed before the R!C a

(otion for e6ecution of the decision pendin& appeal.$

!he R!C, b' Order of April -#, *++*, &ranted petitioner5s (otion for e6ecution pendin& appealand accordin&l' issued a 3rit of e6ecution.)

Respondent thus assailed the April -#, *++* Order of the R!C via petition for certiorari filed onApril *$, *++* before the COMELEC 3here it 3as doc%eted as SPR No. 21&2002 , and raffled

also to the Second 4ivision thereof.#

Petitioner later (oved for the inhibition7 of Co((issioner Ralph C. Lantion, a (e(ber of theCOMELEC Second 4ivision.

On Ma' +, *++*, the COMELEC Second 4ivision issued a Status Quo Ante Order,8


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B' Order of 9ul' :, *++*, the (otion for inhibition of Co((issioner Lantion 3as denied b' the

COMELEC Second 4ivision.

On 9ul' --, *++*, petitioner filed before this Court a petition for certiorari ;uestionin& theCOMELEC Second 4ivision Ma' *+, *++* Status . Borra 3as, b' Order

of Au&ust *), *++*,-+ thus desi&nated in place of Co((issioner Lantion.

4urin& the pendenc' of =.R. No. -)$+$- before this Court, the COMELEC Second 4ivision, b'

Order of 9anuar' -#, *++, nullified in SPR No. 21&2002 the 3rit of e6ecution

--

issued b' theR!C. Respondent filed a Motion for Reconsideration of the said Order 3hich (otion 3as dul'

certified to the COMELEC En Banc.

On Septe(ber -#, *++, this Court, b' Resolution on even date, dis(issed =.R. No. -)$+$- on

the &rounds that -/ the case had beco(e (oot and acade(ic because of the COMELEC Second

4ivision5s resolution on the (erits of SPR No. *-0*++*, and */ this Court has no ?urisdiction

over 4ivision orders or rulin&s of the COMELEC.

On October -), *++, the COMELEC Second 4ivision, issued in EAC No. A&10&2002 an

Order -* adoptin& the order of substitution in SPR No. 21&2002 dated Au&ust *), *++*

desi&natin& Co((issioner Borra as substitute (e(ber thereof.

On October *+, *++, the COMELEC Second 4ivision issued in EAC No. A&10&2002 aResolution- affir(in& 3ith (odifications the R!C decision and declarin& petitioner as the dul'

elected (a'or. On even date, respondent (oved to reconsider -$ the said October *+, *++ Order.

Petitioner, in the (eanti(e, filed on October **, *++ a (otion for i((ediate e6ecution-) of the

COMELEC Second 4ivision October *+, *++ Resolution, 3hich 3as set for hearin& on October*8, *++ but reset to Nove(ber $, *++.

On October *:, *++, respondent filed before the COMELEC Second 4ivision a 1ver' ur&ent

(otion to consider the instant case certified to the Co((ission en banc.1

-#

Respondent later filed on Nove(ber , *++ a 1ver' ur&ent (anifestation and (otion to suspend proceedin&s.1-7

@earin& of the incidents in EAC No. A0-+0*++* 3as conducted on Nove(ber $, *++. !he

follo3in& da' or on Nove(ber ), *++, the COMELEC Second 4ivision issued an Order -8

den'in& respondent5s plea for suspension of proceedin&s and &rantin& petitioner5s (otion for


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e6ecution pendin& appeal and accordin&l' directin& the issuance of a 3rit of e6ecution. On even

date, the COMELEC En Banc issued the ;uestioned Nove(ber ), *++ Status Quo Ante Order.

2ive )/ (e(bers includin& Co((issioner La'io participated in this Nove(ber ), *++ Order3herein Co((issioner Lantion stated that 1his previous voluntar' inhibition is onl' in the SPR

cases and not in the EAC1 and 1as further a&reed in the Second 4ivision, he 3ill not participate

in the 4ivision deliberations but 3ill vote 3hen the case is elevated to the en banc.1 Of the fiveCo((issioners, Co((issioner Borra dissented.

@ence, the present petition, alle&in& as follo3s

". !@E NOD. ) S!A!S


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Petitioner ar&ues that Co((issioner Lantion5s vote in the assailed order should be disre&arded

because of his previous inhibition in a si(ilar case and in the sa(e case in the 4ivision level,

thus (a%in& said assailed order null and void as it 3as not concurred b' the re;uired (a?orit'.

Petitioner5s ar&u(ent is (eritorious.

Co((issioner Lantion5s voluntar' piece(eal inhibition cannot be countenanced. No3here in the

COMELEC Rules does it allo3 a Co((issioner to voluntaril' inhibit 3ith reservation. !o allo3

hi( to participate in the En Banc proceedin&s 3hen he previousl' inhibited hi(self in the4ivision is, absent an' satisfactor' ?ustification, not onl' ?udiciall' unethical but le&all'

i(proper and absurd.

Since Co((issioner Lantion could not participate and vote in the issuance of the ;uestioned

order, thus leavin& three / (e(bers concurrin& there3ith, the necessar' votes of four $/ or(a?orit' of the (e(bers of the COMELEC 3as not attained. !he order thus failed to co(pl'

3ith the nu(ber of votes necessar' for the pronounce(ent of a decision or order, as re;uired

under Rule , Section )a/ of the COMELEC Rules of Procedure 3hich provides

Section ).


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Documents

Estrella vs Comelec