Chua vs. Commission on Elections

A motion for reconsideration of a COMELEC En Banc resolution is a prohibited pleading in non-election offense cases under Section 1(d), Rule 13 of the COMELEC Rules of Procedure; as such, it produces no legal effect and cannot toll the running of the 30-day period to file a petition for certiorari under Section 3, Rule 64 of the Rules of Court.

Election protest involving the position of Punong Barangay of Barangay Addition Hills, San Juan City in the October 28, 2013 Barangay Elections.

• Filed in MeTC: Gil filed an election protest (EAC BRGY No. 165-2014) on May 7, 2013
• Decision of MeTC: May 20, 2014 — dismissed the protest and affirmed Chua's proclamation as winner with 468 votes
• Appealed to COMELEC: First Division reversed the MeTC on April 7, 2017, declaring Gil the duly-elected Punong Barangay
• COMELEC En Banc: Denied Chua's motion for reconsideration on November 6, 2017
• Elevated to SC: Petition for certiorari filed January 31, 2018; dismissed

• Chua and Gil were rival candidates for Punong Barangay of Addition Hills, San Juan City in the October 28, 2013 Barangay Elections
• Chua was proclaimed winner with 465 votes against Gil's 460 votes
• Gil filed an election protest with the MeTC alleging fraud, illegal acts, presence of non-resident voters, erroneous counting by Boards of Election Tellers (BETs), and failure to credit ballots where the Punong Barangay space was left blank but her name was written in the Kagawad slot
• The MeTC dismissed the protest on May 20, 2014, affirming Chua's victory with 468 votes
• The COMELEC First Division reversed the MeTC on April 7, 2017, declaring Gil the winner
• Chua received notice of the First Division resolution on April 11, 2017, and filed a motion for reconsideration on April 17, 2017
• The COMELEC En Banc denied the motion for reconsideration on November 6, 2017; Chua received notice on November 9, 2017
• Instead of filing a petition for certiorari, Chua filed a "Manifestation with Clarification and Motion to Stay Execution" on November 10, 2017, alleging that Gil had abandoned her protest by filing a certificate of candidacy for councilor in the 2016 elections
• The COMELEC En Banc denied the manifestation on January 19, 2018, treating it as a prohibited pleading
• A Certificate of Finality was issued on January 23, 2018, and the resolution was entered in the Book of Entries of Judgments
• Chua filed the instant petition for certiorari on January 31, 2018
• The SC took judicial notice that Chua won the May 14, 2018 Barangay Elections for the same position of Punong Barangay

• The COMELEC gravely abused its discretion in failing to rule on the supposed mootness of Gil's election protest due to her alleged abandonment (filing a certificate of candidacy for councilor in 2016)
• The filing of the Manifestation with Motion to Stay Execution should have tolled the reglementary period to file certiorari, or the petition should otherwise be considered filed on time

• (The OSG and Gil filed comments; specific arguments not detailed in the decision text, but the respondents essentially raised the issues of timeliness and mootness)

• Procedural: Whether the petition for certiorari was filed within the 30-day reglementary period under Section 3, Rule 64 of the Rules of Court
• Procedural: Whether the filing of the "Manifestation with Clarification and Motion to Stay Execution" interrupted the running of the period to file certiorari
• Substantive: Whether the petition should be dismissed on the ground of mootness in view of the May 14, 2018 Barangay and Sangguniang Kabataan Elections

• Procedural: No, the petition was filed out of time. The 30-day period under Section 3, Rule 64 expired on December 3, 2017 (24 days remaining from receipt of notice of denial on November 9, 2017), but the petition was filed only on January 31, 2018.
• Procedural: No, the Manifestation was a prohibited pleading under Section 1(d), Rule 13 of the COMELEC Rules of Procedure (motion for reconsideration of an En Banc ruling in a non-election offense case) and therefore did not toll the reglementary period. A prohibited pleading is deemed not filed at all and produces no legal effect.
• Substantive: Yes, the case is moot. The issue of who won the 2013 Punong Barangay election became academic when the May 14, 2018 Barangay Elections were held. Since Chua won the 2018 elections for the same position, there is no longer any post to vacate or assume, making any declaration on the 2013 elections of no practical use or value.

• Finality of Judgments by Operation of Law — Judgments or orders become final and executory by operation of law upon the lapse of the reglementary period of appeal if no appeal is perfected or motion for reconsideration/new trial is filed. The court need not pronounce the finality; it becomes final automatically as a matter of course.
• Prohibited Pleadings under COMELEC Rules — Under Section 1(d), Rule 13 of the COMELEC Rules of Procedure, a motion for reconsideration of a COMELEC En Banc ruling, resolution, order or decision is prohibited except in election offense cases. Such pleading cannot be given legal effect and does not interrupt the running of the period to appeal.
• Rule 64 Reglementary Period — Under Section 3, Rule 64 of the Rules of Court, the petition must be filed within 30 days from notice of judgment. If a motion for reconsideration is filed and eventually denied, the aggrieved party may file the petition within the remaining period, which shall not be less than 5 days in any event, reckoned from notice of denial.
• Mootness in Election Cases — An issue becomes moot when it ceases to present a justiciable controversy, so that a declaration on the issue would be of no practical use or value. When a subsequent election has been held and the petitioner won the same position sought in the previous election protest, the case becomes moot as there is no actual substantial relief capable of enforcement.

• "Under the COMELEC Rules of Procedure, a motion for reconsideration of its en banc ruling is prohibited except in a case involving an election offense."
• "A prohibited pleading does not produce any legal effect and may be deemed not filed at all... a prohibited pleading cannot toll the running of the period to appeal since such pleading cannot be given any legal effect precisely because of its being prohibited."
• "As the case before the COMELEC did not involve an election offense, reconsideration of the COMELEC resolution was not possible and petitioner had no appeal or any plain, speedy, and adequate remedy in the ordinary course of law. For him to wait until the COMELEC denied his motion would be to allow the reglementary period for filing a petition for certiorari with this Court to run and expire."
• "It is well-settled that judgment or orders become final and executory by operation of law and not by judicial declaration. Thus, finality of a judgment becomes a fact upon the lapse of the reglementary period of appeal if no appeal is perfected or motion for reconsideration or new trial is filed."
• "An issue is said to become moot and academic when it ceases to present a justiciable controversy, so that a declaration on the issue would be of no practical use or value."

• Landbank of the Philippines v. Ascot Holdings and Equities, Inc. — Cited for the principle that a prohibited pleading cannot toll the running of the period to appeal since it cannot be given any legal effect.
• Angelia v. Commission on Elections — Cited for the rule that COMELEC En Banc resolutions are not subject to reconsideration in non-election offense cases, and the aggrieved party must file certiorari within the reglementary period without waiting for the resolution of the prohibited motion.
• Testate Estate of Maria Manuel v. Biascan — Cited for the doctrine that finality of judgments operates by operation of law, not by judicial declaration.
• Baldo, Jr. v. Commission on Elections — Cited for the application of the mootness doctrine in election cases where subsequent elections have rendered the relief sought impossible to enforce.

• Section 3, Rule 64 of the Rules of Court — Governs the 30-day period to file petition for certiorari from COMELEC decisions, and the rule on the remaining period (not less than 5 days) if a motion for reconsideration is filed and denied.
• Section 13(a), Rule 18 of the COMELEC Rules of Procedure — Decisions or resolutions of the Commission En Banc in ordinary actions (including election protests) become final and executory after 30 days from promulgation.
• Section 1(d), Rule 13 of the COMELEC Rules of Procedure — Prohibits motions for reconsideration of En Banc rulings, resolutions, orders, or decisions except in election offense cases.