![]() The MTCC's writ of execution pending appeal cannot be enforced because it was issued after the MTCC had already lost its residual jurisdiction. 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 en su ri ng fr ee, or de rl y an d ho ne st el ec ti on s, an d sh al l: x x x (f) Enf orc e and exe cut e its dec isi ons, dir ect ive s, ord ers and ins tru cti ons whi ch sha ll hav e precedence over those emanating from any other authority, except the Supreme Court and those issued in habeas corpus proceedings. 52 Powers and functions of the Commission on Elections. Th e Om ni bu s El ec ti on Co de ex pl ic it ly st at es : The Commission is authorized to enforce its directives and orders that, by law, enjoy precedence ov er th at of th e MT CC. The Supreme court fails to see any action on the part of the Com mi ssi on tha t con sti tut es gra ve abu se of dis cre tio n or abs enc e of jur isd ict ion. Issue: Whether or not the COMELEC acted grave abuse of discretion of non-action to the writ of execution pending appeal. The COMELEC advises the election officer to await the ORDER of resolution of the case by the COMMISSION. This has led the filing of contempt case against the Atty Garcia for non- action to the writ of execution. Since the jurisdiction is now within the COMELEC after transferrin the record of the case, the Motion of recon filed by Tolentino was not entertained anymore by the MTCC. However the COMELEC issued TRO prohibiting MTCC from implementing the Special Order. Thereafter MTCC issued the writ of execution. Ma nal o fil ed wi th the COMELEC a petition for Certiorari with TRO or a writ of preliminary injunction on the ground that an ex ec ut io n pe nd in g ap pe al is no t ju st if ie d an d co nt end in g th at he is th e cl ea r wi nn er. MTCC now issued Special Order granting the mot ion for exe cut ion but hel d the issua nce of the writ in abe yan ce. Manalo appealed on the same day while Tolentino moved for the execution pending appeal. MTCC proclaimed Tolentino as the winner after the recounting of votes. Man alo was pro cla ime d wi nne r pro mpt ing Tol ent ino to fil e an election protest before the MTCC. ![]() During the 2013 barangay election, Tolentino and the respondent Manalo both ran for the position of Bar anga y Cap tai n in Tar lac. Tolentino questioning the Commission’s order advising the Election Officer of Tarlac to awaits the resolution of the case before implementing the writ of execution issued by the MTCC Tarlac in Election Case. ![]() Whe re the enab lin g sta tute ind ica tes a pro cedu re for adm ini str ati ve rev iew and provides a system of administrative appeal or reconsideration, therefore, the courts – for reasons of law, comity and convenience – will not entertain a case unless the available administrative remedies have been resorted to and the appropriate authorities have been given an opportunity to act and correct the errors committed in the administrative forum.įiled by Rolando P. The administ rativ e proce ss is intend ed to provide less expen sive and speedi er solu tions to dis put es. Issue: Whether or not the petitioner failed to exhaust admin remedy. The pet iti oner insis ted tha t the decision of the CA was rendered with grave abuse of discretion because the rule on exhaustion of administrative remedies was not absolute that there were exceptions to the rule, such as when the question litigated was a purely legal one, or when applying the rule would not provide plain, speedy and adequate remedy, or when its application would cause great and irreparable damage that a ground for judicial review would exist when an administrative determination was made without or in excess of authority. That mandated an administrative appeal or remedy before a resort to judicial action instead of dir ect ly res ort ing to the cou rt act ion. ![]()
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