In Joseph Bernardez v. Commission on Elections and Avelino Tolean, the Supreme Court held that the Commission on Elections (COMELEC) gravely abused its discretion by issuing orders that effectively reversed a Regional Trial Court (RTC) decision that had already become final and executory. The Court emphasized the importance of upholding the will of the electorate and not allowing technicalities to undermine the substantive rights of a duly elected official. This decision underscores the principle that once a court’s decision in an election protest becomes final due to the dismissal of an appeal, it should be respected and implemented, ensuring the rightful winner assumes office.

When a Dismissed Appeal Thwarts the People’s Choice

The case revolves around the vice-mayoralty election in Sabangan, Mountain Province, where Joseph Bernardez and Avelino Tolean were candidates. Initially, Tolean was proclaimed the winner by a single vote. Bernardez filed an election protest, and the RTC ruled in his favor, declaring him the winner by eleven votes. Tolean filed a Notice of Appeal, but it was later dismissed by the COMELEC Second Division for failure to pay the required appeal fees. Despite this dismissal, the COMELEC Second Division granted Tolean’s petition for injunction, effectively preventing Bernardez from assuming office. The COMELEC en banc then denied Bernardez’s motion for reconsideration based on a technicality – failure to pay motion fees – further complicating the situation. This prompted Bernardez to seek recourse from the Supreme Court, arguing that the COMELEC had acted with grave abuse of discretion.

The core issue before the Supreme Court was whether the COMELEC committed grave abuse of discretion in issuing its orders, particularly in light of the dismissal of Tolean’s appeal. The Court began by defining grave abuse of discretion, stating:

There is grave abuse discretion where the power is exercised in an arbitrary or despotic manner by reason of passion or personal hostility which must be so patent and gross as to amount to an invasion of positive duty or to a virtual refusal to perform the duty enjoined or to act at all in contemplation of law.

The Court found that the COMELEC Second Division had indeed acted with grave abuse of discretion. It emphasized that the dismissal of Tolean’s Notice of Appeal meant that the RTC decision proclaiming Bernardez as the duly elected Vice-Mayor had become final and executory. This is because with the dismissal of the appeal without it being appealed to the COMELEC en banc, the RTC decision is final and can no longer be questioned.

Building on this principle, the Court noted that the COMELEC Second Division’s decision to grant Tolean’s petition for injunction was inconsistent with the finality of the RTC decision. The basis for Tolean’s petition was the pendency of his appeal, but with the appeal dismissed, that basis no longer existed. As the Supreme Court highlighted, injunctive reliefs are meant to protect substantive rights and interests, acting as a provisional remedy. However, when the act sought to be enjoined has already been accomplished, the request for such a remedy becomes moot.

The Supreme Court cited several precedents to support its position. In Caneland Sugar Corporation v. Alon, the Court stated that injunctive reliefs are preservative remedies for the protection of substantive rights and interests, and that when the act sought to be enjoined has become fait accompli, the prayer for provisional remedy should be denied. Similarly, in Go v. Looyuko, the Court ruled that when the events sought to be prevented by injunction or prohibition have already happened, nothing more could be enjoined or prohibited. The Court said that an injunction will not issue to restrain the performance of an act already done.

Moreover, the Supreme Court criticized the COMELEC en banc for prioritizing technicalities over substance. By dismissing Bernardez’s motion for reconsideration due to a failure to pay appeal fees, the COMELEC en banc failed to recognize that the RTC’s decision had become final, and that Bernardez was the rightful winner of the election. This failure, according to the Court, undermined the will of the electorate.

The court then pointed out that the decision to issue a writ of execution ordering Bernardez to vacate his seat and cede it to Tolean, despite the finality of the RTC decision in Bernardez’s favor, was an injustice. The Court emphasized that the COMELEC committed an error in unseating Bernardez and installing Tolean, especially considering Bernardez had won the election protest by 11 votes.

In conclusion, the Supreme Court found that the COMELEC’s orders were issued with grave abuse of discretion and were therefore null and void. The Court emphasized the principle that the finality of the RTC decision in favor of Bernardez should have been respected, and that the COMELEC should not have allowed technicalities to override the substantive rights of the duly elected official. Because of this, the Supreme Court granted the petition, annulling and setting aside the COMELEC’s orders and reinstating Joseph Bernardez as the Vice-Mayor of Sabangan, Mountain Province.

FAQs

What was the key issue in this case?	The key issue was whether the COMELEC committed grave abuse of discretion by issuing orders that reversed a Regional Trial Court (RTC) decision that had become final and executory in an election protest case.
What is grave abuse of discretion?	Grave abuse of discretion occurs when a power is exercised arbitrarily or despotically, amounting to an invasion of duty or a virtual refusal to perform a duty required by law.
Why did the COMELEC dismiss Tolean’s appeal initially?	The COMELEC dismissed Tolean’s appeal because he failed to pay the required appeal fees within the prescribed period, as mandated by COMELEC Resolution No. 8486.
What was the effect of dismissing Tolean’s appeal?	The dismissal of Tolean’s appeal meant that the RTC decision proclaiming Bernardez as the duly elected Vice-Mayor became final and executory, as there was no longer any pending appeal to challenge the decision.
Why did the COMELEC en banc deny Bernardez’s motion for reconsideration?	The COMELEC en banc denied Bernardez’s motion for reconsideration because he failed to pay the required motion fees, prioritizing a technicality over the substantive issue of the case.
What did the Supreme Court decide in this case?	The Supreme Court ruled that the COMELEC committed grave abuse of discretion and annulled the COMELEC’s orders, reinstating Joseph Bernardez as the Vice-Mayor of Sabangan, Mountain Province.
What is the significance of this ruling?	The ruling underscores the importance of respecting the finality of court decisions in election cases and ensuring that the will of the electorate is not undermined by technicalities.
What is the role of injunctive reliefs in this case?	The Court said injunctive reliefs are meant to protect substantive rights and interests. However, when the act sought to be enjoined has already been accomplished, the request for such a remedy becomes moot.

This case clarifies the significance of adhering to procedural rules and the impact of failing to comply with them, especially when it involves the outcome of an election. It serves as a reminder that while procedural rules are important, they should not be used to frustrate the will of the electorate or to unjustly deprive a duly elected official of their position.

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Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Joseph Bernardez v. COMELEC, G.R. No. 190382, March 09, 2010