G.R. No. L-30287 December 26, 1969
RUBEN TIBURCIO, petitioner, vs. HON. WALFRIDO DE LOS ANGELES, Judge of the CFI of Rizal, Quezon City; and ALFONSO MENDOZA, respondents.

FACTS

An election for barrio officials of Barangka, Marikina, Rizal was held on January 14, 1968. Petitioner Ruben Tiburcio was proclaimed as the elected barrio captain by the board of election tellers, took his oath of office, and assumed its powers and privileges. The next day, the board of tellers itself filed a petition for judicial recount of votes with the municipal court, alleging confusion during the tally. Respondent Alfonso Mendoza, the barrio captain elected in 1964, intervened. Another candidate also filed a case for nullification of the election. The municipal court rendered a joint decision on December 10, 1968, which did not determine the winner but ordered a recount, directed petitioner to refrain from performing his duties, and recognized the 1964 officials (including respondent Mendoza) as holding over. This decision was appealed to the Court of First Instance and assigned to respondent Judge. On January 21, 1969, respondent Mendoza filed a motion for preliminary injunction based on the municipal court’s decision, praying that petitioner be restrained from exercising his powers. Respondent Judge granted the motion and issued an order on March 3, 1969, restraining petitioner from exercising the rights of barrio captain and allowing respondent Mendoza to perform the duties as a hold-over barrio captain. Petitioner assails this order.

ISSUE

Whether the respondent Judge acted in excess of jurisdiction or with grave abuse of discretion in issuing the order of preliminary injunction that restrained the duly proclaimed and sworn barrio captain from exercising his office and recognized the hold-over right of the previous barrio captain.

RULING

Yes. The Supreme Court granted the writ of certiorari, nullified the order and the writ of preliminary injunction, recognized petitioner’s right to exercise the powers of barrio captain, and ordered respondent Mendoza to yield the position. The Court held that under Section 8 of the Revised Barrio Charter Act (Republic Act No. 3590), the officials elected shall assume office immediately upon taking an oath and shall hold office for four years or until their successors are elected and qualified. Petitioner, having been proclaimed elected by the board of election tellers and having immediately taken his oath, lawfully assumed office. The hold-over provision did not apply as his successor (petitioner) had been elected and qualified. The subsequent petition for judicial recount by the board of tellers and the municipal court’s decision did not divest petitioner of his right to continue in office pending a final contrary decision. The issuance of the preliminary injunction, which deprived petitioner of his legally vested right and restored the pre-election status quo, was a clear case of excess of jurisdiction, as it contravened the explicit mandate of the law. The order was tantamount to an impermissible mandatory preliminary injunction.