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    Santos v. Comelec

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    Manuel Rodriguez II
    1) Santos and Panulaya were mayoralty candidates, with Panulaya declared the winner. Santos filed a petition and was declared the winner by the RTC. 2) Santos filed a motion for execution pending appeal, which the RTC approved. Comelec dismissed Panulaya's petition assailing the RTC decision. 3) The Supreme Court ruled that the short remaining term of a mayor's office can be grounds to allow execution pending appeal, along with public interest and length of time the election contest has been pending. The municipality needed a mayor even with the ongoing protest.

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    Santos v. Comelec

    Uploaded by

    Manuel Rodriguez II
    40 views1 page
    1) Santos and Panulaya were mayoralty candidates, with Panulaya declared the winner. Santos filed a petition and was declared the winner by the RTC. 2) Santos filed a motion for execution pending appeal, which the RTC approved. Comelec dismissed Panulaya's petition assailing the RTC decision. 3) The Supreme Court ruled that the short remaining term of a mayor's office can be grounds to allow execution pending appeal, along with public interest and length of time the election contest has been pending. The municipality needed a mayor even with the ongoing protest.

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    1) Santos and Panulaya were mayoralty candidates, with Panulaya declared the winner. Santos filed a petition and was declared the winner by the RTC. 2) Santos filed a motion for execution pending appeal, which the RTC approved. Comelec dismissed Panulaya's petition assailing the RTC decision. 3) The Supreme Court ruled that the short remaining term of a mayor's office can be grounds to allow execution pending appeal, along with public interest and length of time the election contest has been pending. The municipality needed a mayor even with the ongoing protest.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    40 views1 page

    Santos v. Comelec

    Uploaded by

    Manuel Rodriguez II
    1) Santos and Panulaya were mayoralty candidates, with Panulaya declared the winner. Santos filed a petition and was declared the winner by the RTC. 2) Santos filed a motion for execution pending appeal, which the RTC approved. Comelec dismissed Panulaya's petition assailing the RTC decision. 3) The Supreme Court ruled that the short remaining term of a mayor's office can be grounds to allow execution pending appeal, along with public interest and length of time the election contest has been pending. The municipality needed a mayor even with the ongoing protest.

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    Santos v. Comelec 399 SCRA Facts: Santos and Panulaya are mayoralty candidates.

    Panulaya was declared winner but upon petition filed by Santos in RTC, Santos was declared winner. So he filed motion for execution pending appeal. Meanwhile, before RTC could act on motion, respondent filed with Comelec a petition assailing the decision. Comelec dismissed the petition. The RTC approved the motion for execution pending appeal and ruled that filing of notice of appeal does not divest the court jurisdiction over the case and that the motion is not necessary for a short period is left. Comelec set it aside and said that shortness of term alone is not a good reason for execution pending appeal. Issue: Whether shortness of a mayors term is a good reason for the execution pending appeal. Held: A valid exercise of discretion to allow execution pending appeal should be tried upon good reason. 1) Public interest involved or will of the electorate 2) Shortness of remaining portion of term of the contested office; and 3) Length of time that election contest has been pending The municipality needed the service of a mayor even if protest was pending.

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