The Supreme Court ruled that the Commission on Elections (COMELEC) has the authority to direct its election officers and that its orders take precedence over those of lower courts, except for the Supreme Court. This means local election officers must follow COMELEC’s instructions, even if a lower court has issued a conflicting order. The decision also clarified the timeline for executing judgments pending appeal in election cases, emphasizing that lower courts lose jurisdiction once the case records are transmitted to the COMELEC.

When Can COMELEC Intervene? Clarifying Authority in Election Disputes

This case originated from a barangay election dispute between Rolando P. Tolentino and Henry Manalo for the position of Barangay Captain in Barangay Calingcuan, Tarlac City, during the 2013 elections. After a vote recount, the Municipal Trial Court in Cities (MTCC) proclaimed Tolentino the winner. Manalo appealed, and Tolentino sought immediate execution of the MTCC’s decision pending the appeal. The MTCC granted Tolentino’s motion but held the issuance of the writ in abeyance, also giving due course to Manalo’s appeal.

Manalo then filed a Petition for Certiorari with the COMELEC, seeking a temporary restraining order (TRO) against the MTCC’s order. The COMELEC issued a TRO. Subsequently, Tolentino requested the City Election Officer of Tarlac to implement the writ of execution pending appeal, which the Election Officer endorsed to COMELEC’s Law Department. The COMELEC then issued an order advising the Election Officer to await its resolution of the case. Tolentino filed a petition for certiorari questioning COMELEC’s order, arguing that it constituted grave abuse of discretion.

The Supreme Court dismissed Tolentino’s petition, finding no grave abuse of discretion on the part of the COMELEC. The Court emphasized the COMELEC’s authority over its election officers and the precedence of its directives over those of lower courts. The Court pointed out that, as an agent of the Commission, an election officer is under the Commission’s direct and immediate control and supervision.

Omnibus Election Code
Article VII
The Commission on Elections
Sec. 52 Powers and functions of the Commission on Elections. – In addition to the powers and functions conferred upon it by the Constitution, the Commission shall have exclusive charge of the enforcement and administration of all laws relative to the conduct of elections for the purpose of ensuring free, orderly and honest elections, and shall: x x x

(f) Enforce and execute its decisions, directives, orders and instructions which shall have precedence over those emanating from any other authority, except the Supreme Court and those issued in habeas corpus proceedings.

The Court also clarified that the MTCC’s writ of execution pending appeal could not be enforced because it was issued after the MTCC had already lost its residual jurisdiction. The Court explained the rules governing execution pending appeal in election cases. Specifically, the MTCC retains residual jurisdiction to order execution pending appeal while two conditions concur: (1) records of the case have not yet been transmitted to the Commission; and (2) the period to appeal has not yet expired.

The Court also addressed the argument that Tolentino was not given notice nor the opportunity to be heard, pointing out that the records showed otherwise. The Court noted that Tolentino filed an answer to the petition, moved for reconsideration of the Commission’s TRO, and was even allowed to file memoranda. Finally, the Court admonished Tolentino’s counsel for threatening the City Election Officer with a baseless contempt charge. The Supreme Court warned that Atty. Facun’s actions dangerously lied at the margins of Rule 19.01 of the Code of Professional Responsibility.

CANON 19 – A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE LAW.

Rule 19.01 – A lawyer shall employ only fair and honest means to attain the lawful objectives of his client and shall not present, participate in presenting or threaten to present unfounded criminal charges to obtain an improper advantage in any case or proceeding.

The Court emphasized that lawyers must represent their clients with zeal but within the bounds of the law. This ruling reinforces the COMELEC’s supervisory power over local election officers and provides clarity on the timeline and conditions for executing judgments pending appeal in election cases. It also serves as a reminder to lawyers to act ethically and avoid threatening election officials.

FAQs

What was the central legal issue in this case?	The primary issue was whether the COMELEC committed grave abuse of discretion in advising a local election officer to await its resolution before implementing a writ of execution issued by a lower court. The Court also addressed the issue of when a lower court loses jurisdiction to order execution pending appeal.
What is the COMELEC’s authority over local election officers?	The COMELEC has direct and immediate control and supervision over its election officers. It can issue orders and directives to them, and these orders take precedence over those from any other authority, except the Supreme Court and those issued in habeas corpus proceedings.
When can a party seek execution of a decision pending appeal in an election case?	A prevailing party can move for execution pending appeal. The court may order execution of the decision before the expiration of the period to appeal, subject to certain rules.
When does a lower court lose jurisdiction to order execution pending appeal?	A lower court loses jurisdiction when the records of the case have been transmitted to the COMELEC, and the period to appeal has expired. After this point, only the COMELEC can grant execution pending appeal.
What is the role of the City Election Officer in this case?	The City Election Officer is an agent of the COMELEC, subject to its directives and supervision. The Election Officer is expected to comply with COMELEC orders.
What ethical considerations were raised in this case?	The Court admonished the petitioner’s counsel for threatening the City Election Officer with a baseless contempt charge. This conduct was deemed to be at the margins of the Code of Professional Responsibility, which requires lawyers to act within the bounds of the law.
What is the significance of the Omnibus Election Code in this case?	The Omnibus Election Code grants the COMELEC the power to enforce and execute its decisions, directives, orders, and instructions, which have precedence over those emanating from any other authority except the Supreme Court.
Can the COMELEC treat a petition for certiorari as an appeal?	Yes, the COMELEC has the prerogative to treat a petition for certiorari as an appeal, especially in the interest of justice, given the liberal spirit pervading the Commission’s rules of procedure.

This case underscores the importance of understanding the COMELEC’s role in overseeing elections and resolving election disputes. It provides clear guidelines on the timing of execution pending appeal and reinforces the ethical obligations of lawyers in dealing with election officials.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

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: Tolentino vs. COMELEC, G.R. No. 218536, January 26, 2016