G.R. No. 160465 - ROMEO M. ESTRELLA, VS. COMMISSION ON ELECTIONS, HON. COMMISSIONER RALPH C. LANTION AND ROLANDO F. SALVADOR. R E S O L U T I O N - Supreme Court E-Library

Ruling

accordingly issued a writ of execution. [5] Respondent thus assailed the April 16, 2002 Order of the RTC via petition for certiorari filed on April 24, 2002 before the COMELEC where it was docketed as SPR No. 21-2002, and raffled also to the Second Division thereof . [6] Petitioner later moved for the inhibition [7] of Commissioner Ralph C. Lantion, a member of the COMELEC Second Division. On May 30, 2002, the COMELEC Second Division issued a Status Quo Ante Order, [8] By Order of July 9, 2002, the motion for inhibition of Commissioner Lantion was denied by the COMELEC Second Division. On July 11, 2002, petitioner filed before this Court a petition for certiorari questioning the COMELEC Second Division May 20, 2002 Status Quo Ante Order, which petition was supplemented on July 30, 2002. The petition was docketed by this Court as G.R. No. 154041. As no temporary restraining order was issued by this Court, the May 30, 2002 Status Quo Ante Order of the COMELEC Second Division was implemented on or about July 17, 2003, resulting in the ouster of petitioner from the mayoral post. In the meantime, during the July 23, 2002 hearing of SPR No. 21-2002 , COMELEC Commissioner Lantion inhibited himself. [9] Commissioner Ressureccion Z. Borra was, by Order of August 25, 2002, [10] thus designated in place of Commissioner Lantion. During the pendency of G.R. No. 154041 before this Court, the COMELEC Second Division, by Order of January 16, 2003, nullified in SPR No. 21-2002 the writ of execution [11] issued by the RTC. Respondent filed a Motion for Reconsideration of the said Order which motion was duly certified to the COMELEC En Banc . On September 16, 2003, this Court, by Resolution on even date, dismissed G.R. No. 154041 on the grounds that 1) the case had become moot and academic because of the COMELEC Second Divisions resolution on the merits of SPR No. 21-2002 , and (2) this Court has no jurisdiction over Division orders or rulings of the COMELEC. On October 15, 2003, the COMELEC Second Division, issued in EAC No. A-10-2002 an Order [12] adopting the order of substitution in SPR No. 21-2002 dated August 25, 2002 designating Commissioner Borra as substitute member thereof. On October 20, 2003, the COMELEC Second Division issued in EAC No. A-10-2002 a Resolution [13] affirming with modifications the RTC decision and declaring petitioner as the duly elected mayor. On even date, respondent moved to reconsider [14] the said October 20, 2003 Order. Petitioner, in the meantime, filed on October 22, 2003 a motion for immediate execution [15] of the COMELEC Second Division October 20, 2003 Resolution, which was set for hearing on October 28, 2003 but reset to November 4, 2003. On October 29, 2003, respondent filed before the COMELEC Second Division a very urgent motion to consider the instant case certified to the Commission en banc . [16] Respondent later filed on November 3, 2003 a very urgent manifestation and motion to suspend proceedings. [17] Hearing