GR 169865; (July, 2006) (Digest)
G.R. No. 169865 July 21, 2006
VIRGINIO VILLAMOR, petitioner, vs. COMMISSION ON ELECTIONS and AMYTIS DE DIOS-BATAO, respondents.
FACTS
Petitioner Virginio Villamor was proclaimed Mayor of Carmen, Cebu, on May 13, 2004. Respondent Amytis De Dios-Batao filed a petition to annul his proclamation (SPC No. 04-083) with the COMELEC on May 17, 2004, alleging illegal composition and proceedings of the Municipal Board of Canvassers. Subsequently, on May 24, 2004, she filed an election protest with the Regional Trial Court (RTC). The RTC initially dismissed the protest as filed one day late, the 10-day period under COMELEC rules having expired on May 23, 2004. Upon respondent’s motion for reconsideration, the RTC reversed itself, ruling that since May 23 was a Sunday, the filing on May 24 was timely under the Rules of Court. The COMELEC Second Division and En Banc affirmed the RTC’s order granting reconsideration. Meanwhile, the COMELEC dismissed respondent’s petition to annul the proclamation for lack of merit.
ISSUE
The core issues are: (1) whether the RTC could act on a motion for reconsideration from an order dismissing an election protest; and (2) whether the RTC prematurely admitted the election protest pending a pre-proclamation controversy.
RULING
The Supreme Court granted the petition. On the second issue, the filing of an election protest generally precludes or abandons a pending pre-proclamation controversy, as jurisdiction over all election-related questions is consolidated in the protest case. Thus, the RTC did not prematurely admit the protest. However, on the first and decisive issue, the Court held the RTC acted without jurisdiction in entertaining the motion for reconsideration. Section 256 of the Omnibus Election Code explicitly states that “No motion for reconsideration shall be entertained by the court” in election protests involving municipal officials. This prohibition is absolute and jurisdictional. The RTC’s inherent power to amend its processes under Rule 135 of the Rules of Court cannot contravene this specific statutory ban. Consequently, the RTC’s Order dated July 23, 2004, granting reconsideration was void. The COMELEC committed grave abuse of discretion in affirming it. The Supreme Court annulled the COMELEC’s resolutions and reinstated the RTC’s original Order dated June 24, 2004, dismissing the election protest for having been filed out of time.