Relampagos vs. Cumba, 243 SCRA 690, April 27, 1995

Facts: In the synchronized elections of May 11, 1992, the petitioner and private respondent were candidates for the position of Mayor in the municipality of Magallanes, Agusan del Norte. The latter was proclaimed the winning candidate. Unwilling to accept defeat, the petitioner filed an election protest with the RTC of Agusan del Norte. On June 29, 1994, the trial court, per Judge Rosario F. Dabalos, found the petitioner to have won with a margin of six votes over the private respondent and rendered judgement in favor of the petitioner.

The private respondent appealed the decision to the COMELEC which was later on given a due course by the trial court. The petitioner then filed with the trial court a motion for execution pending appeal. The trial court granted the petitioner's motion for execution pending appeal despite the opposition of the private respondent. The corresponding writ of execution was forthwith issued. Thereafter, the private respondent filed a motion for a reconsideration which was later on denied. The private respondent then filed with the respondent COMELEC a petition for certiorari to annul the aforesaid order of the trial court granting the motion for execution pending appeal and the writ of execution. The COMELEC granted the petition on February 9, 1995, ordering the petitioner Rosita Cumba is ordered restored to her position as Municipality Mayor of Magallanes, Agusan del Norte, upholding its exclusive authority to decide petitions for certiorari, prohibition, and mandamus where the COMELEC maintains that there is a special law granting it such jurisdiction Section 50 of B.P. Blg. 697, which remains in full force as it was not expressly repealed by the Omnibus Election Code (B.P. Blg. 881).

Issue: Whether or not the Commission on Elections (COMELEC) has jurisdiction over petitions for, certiorari, prohibition, and mandamus in election cases where it has exclusive appellate jurisdiction

Held: Section 50 of B.P. Blg. 697 remains in full force and effect but only in such cases where, under paragraph (2), Section 1, Article IX-C of the Constitution, it has exclusive appellate jurisdiction. Simply put, the COMELEC has the authority to issue the extraordinary writs of certiorari, prohibition, and mandamus only in aid of its appellate jurisdiction.