JOCELYN "JOY" LIM-BUNGCARAS, VS. COMMISSION ON ELECTIONS (COMELEC) AND RICO RENTUZA.

Ruling

WHEREFORE , in light of all the foregoing findings, JUDGMENT is hereby rendered DECLARING : Protestee, Rico C. Rentuza, winner over Protestant, Jocelyn Lim­-B[u]ngcaras, for the position of Municipal Mayor of St. Bernard, Southern Leyte; Protestee, Rachel B. Avendula winner over Protestant Hermenegildo S. Castil for the position of Vice-Mayor of the same Municipality; Protestees, Manu[e]l O. Calapre, Satumino V. Cinco, Fernan V. Salas, Antonio C. Dalugdugan, Federico C. Japon, Santiago M. Santiago, Jacinta O. Malubay and Belen G. Bungcag winners over Protestants Adrin B. Pamaos, Jesus R. Avendula, Jr., Domingo G. Ramada, Jr., and Victor C. Ramada for the positions of Sangguniang Bayan Members of the same Municipality. Consequently, the three (3) election protests are all DISMISSED with costs against the protestants. ACCORDINGLY , the counterclaims of the protestees are GRANTED by ORDERING : Protestant, JOCELYN "JOY" LIM-BUNGCARAS to pay RICO C. RENTUZA moral damages in the amount of Php400,000.00 and attorney's fees of Php150,000.00 ; Protestant, HERMENEGILDO S. CASTIL to pay Protestee, RACHEL V. AVENDULA moral damages in the amount of Php400,000.00 and attorney's fees of Php150,000.00 ; and Protestants, JESUS R. AVENDULA, JR., ALDRIN B. PAMAOS, DOMINGO RAMADA, JR. , and VICTOR RAMADA to pay jointly and severally (in solidum) Protestees, MANUEL O. CALAPRE, SATURNINO V. CINCO, FERNAN V. SALAS, ANTONIO C. DALUGDUGAN, FEDERICO C. JAPON, SANTIAGO M. SANTIAGO, JACINTA O. MALUBAY , and BELEN G. BUNGCAG moral damages of Php400,000.00 for each of them and attorney's fees of Php150,000.00 . [9] Having received the above decision on the same day of its promulgation, petitioners Lim-Bungcaras, Castil, Avendula, Domingo Ramada, Jr., and Victor Ramada jointly filed a Notice of Appeal [10] before the RTC and paid the appeal fee on November 22, 2010. Petitioner Pamaos filed his Notice of Appeal and paid P1,020.00 as appeal fee to the RTC on November 23, 2010 as he allegedly received the trial court's judgment only on November 18, 2010. [11] The RTC granted due course to the petitioners' appeals. [12] The Rulings of the COMELEC Before the COMELEC First Division, the appeal of petitioner Lim-­Bungcaras was docketed as EAC (AE) No. A-57-2010 , while the appeal of petitioner Castil was docketed as EAC (AE) No. A-58-2010 . The appeal of petitioners Pamaos, Avendula, Domingo Ramada, Jr., and Victor Ramada, was docketed as EAC (AE) No. A-59-2010 . On December 7, 2010, all the petitioners manifested that they paid an appeal fee of P3,550.00 to the COMELEC Electoral Contests Adjudication Department (ECAD) by postal money order. [13] On February 1, 2011, the COMELEC First Division issued three separate but similarly worded Orders [14] in EAC (AE) Nos. A-57-2010, A-58-2010, and A-57-2010 that dismissed the petitioners' appeals for failure to pay the appeal fee payable to the COMELEC within the reglementary period. The COMELEC reasoned that: Section 4, Rule 40 of the Comel