Santos v. Comelec

399 SCRA

Facts:

Santos and Panulaya are mayoralty candidates. Panulaya was declared winner but upon petition filed by Santos in RTC, Santos was declared winner. So he filed motion for execution pending appeal. Meanwhile, before RTC could act on motion, respondent filed with Comelec a petition assailing the decision. Comelec dismissed the petition.

The RTC approved the motion for execution pending appeal and ruled that filing of notice of appeal does not divest the court jurisdiction over the case and that the motion is not necessary for a short period is left. Comelec set it aside and said that shortness of term alone is not a good reason for execution pending appeal.

Issue:

Whether shortness of a mayor’s term is a good reason for the execution pending appeal.

Held:

A valid exercise of discretion to allow execution pending appeal should be tried upon good reason.

1) Public interest involved or will of the electorate2) Shortness of remaining portion of term of the contested office; and3) Length of time that election contest has been pending

The municipality needed the service of a mayor even if protest was pending.