G.R. NO. 170702 - INGATUN G. ISTARUL, VS. COMMISSION ON ELECTIONS AND PAMARAN T. MATURAN. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of all the foregoing, the court hereby ANNULS the proclamation of protestee dated May 15, 2004, and DECLARES protestant Ingatun G. Istarul as the duly elected Mayor of the Municipality of Tipo-Tipo, Basilan, having obtained the highest number of votes for the said office in the election held on May 10, 2004." On the same date, August 10, 2005, petitioner filed his Notice of Appeal. The following day, August 11, 2004, private respondent filed his Motion for Execution Pending Appeal. On August 17, 2005, petitioner filed his Opposition thereto. After the hearing, specifically on August 22, 2005, public respondent issued its Special Order granting private respondent's Motion. He also issued a Writ of Execution on the same day. On August 23, 2005, the instant petition was filed. On the same day, this Commission (First Division) issued a Temporary Restraining/Status Quo Ante Order. After the hearing, both parties filed their respective memoranda. Thereafter, the case was deemed submitted for resolution. [5] On October 21, 2005, the COMELEC 1 st Division issued a Resolution holding that there are no good reasons to justify the issuance of the Special Order granting execution pending appeal. The COMELEC 1 st Division ruled that Judge Danilo Bucoy's failure to establish that public interest would be served; and that a mere statement about the length of time that the case had been pending in the trial court do not support the issuance of said Order. The COMELEC 1 st Division further noted in its Resolution that Judge Bucoy failed to state in the Joint Decision dated August 10, 2005 his explanation for crediting certain ballots in favor of either of the parties, thus, violating the principle that a decision should clearly show the basis for the judge's rulings. It then concluded that the decision is seriously impaired and cannot be the source of a valid execution pending appeal. The dispositive portion of the Resolution of the COMELEC 1 st Division dated October 21, 2005 reads as follows: WHEREFORE, premises considered, the petition is hereby GRANTED. Accordingly, the Special Order and the Writ of Execution issued by the public respondent, the Honorable Danilo Bucoy, dated August 22, 2005 are hereby REVERSED and SET ASIDE. Private Respondent INGATARUN G. ISTARUL is directed to immediately cease and desist from performing his functions as mayor of the municipality of Tipo-Tipo, Basilan. Petitioner PAMARAN MATURAN is restored to his position as Mayor of the same municipality and instructed to perform his functions as such until the final determination of the appeal case he filed. SO ORDERED.