office.

The Court emphasized that pending the favorable resolution of Abundos election protest, he was relegated to
being an ordinary constituent and private citizen since his opponent, as presumptive victor in the 2004 elections, was
occupying the mayoralty seat. While awaiting the pendency of the election protest, Abundo ceased from exercising
power or authority over the constituents of Viga and cannot be said to have retained title to the mayoralty office as he
was at that time not the duly proclaimed winner. It stressed that Abundos case differs from other cases involving the
effects of an election protest because while Abundo was the winning candidate, he was the one deprived of his right
and opportunity to serve his constitutents.
In his separate opinion, Justice Arturo D. Brion wrote to