Sunday, January 24, 2010

Guieb vs. Fontanilla, 247 SCRA 348, Aug. 14, 1995

Facts: The petitioner and the private respondent Manuel Asuncion, were candidates for the position of Punong Barangay of Barangay Nilombot, Sta. Barbara, Pangasinan, in the barangay election of May 9, 1994. The former was proclaimed as the winning candidate then the latter filed an election protest with the MTC of Sta. Barbara, Pangasinan. On May 27, 1994, the MTC confirmed the proclamation of the petitioner and dismissed the protest of the private respondent. The private respondent then appealed the decision to the RTC of Dagupan City. In its decision of August 31, 1994, RTC reversed the decision of the MTC. On November 25, 1994, the private respondent immediately filed a motion for the issuance of a writ of execution. RTC declared that the motion should be properly filed with the court of origin and that the decision of 3August 31, 1994 had already become final. On December 12, 1994, the petitioner filed with this Court a motion for extension of time to file a petition for review on certiorari which was denied because of his failure to submit an affidavit of service of that motion. On February 8, 1995, he filed a motion for reconsideration of the denial. Meanwhile, on December 20, 1994, the private respondent filed with the MTC a motion for the issuance of a writ of execution. MTC deferred action on the said motion and required the petitioner's counsel to inform the court of the status of his petition with this Court but the latter failed to comply with the said order, so the court issued an order on granting the issuance of a writ of execution. However, the court received the said counsel's Compliance later on, wherein he informed the court of the petitioner's motion to reconsider this Court's resolution denying the motion for extension of time to file his petition. In a resolution the Court required the respondent to comment on the petition. The petitioner filed with the MTC an Urgent Motion to Stay and/or Suspend Execution which was denied on the ground that the writ must have already been implemented and, therefore, the motion to stay or suspend the same has become moot and academic. The sheriff returned the writ of execution with the information that he enforced the writ and proclaimed the private respondent as Punong Barangay of Barangay Nilombot, Sta. Barbara, Pangasinan.

Issue: Whether or not RTC has a jurisdiction over this case.

Held: No. Under Article IX, Section 2, Paragraph 2-C of the Constitution, it is the COMELEC, and not the Regional Trial Courts, that has exclusive jurisdiction over all contests involving elective barangay officials decided by courts of limited jurisdiction, which are the Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts.

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