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Sampiano vs COMELEC

Complainant Sampiano filed before the Comelec a Petition for Annulment of
Proclamation with Prayer for Preliminary Injunction/TRO against his rival
mayoralty candidate, his uncle Ogka, and the Municipal Board of Canvassers
of Balabagan, Lanao del Sur.
It appears that the Comelec issued the following:
1. Order dated August 4, 2004 authorizing the vice-mayor to
temporarily assume the duties and responsibilities as mayor due to
the double proclamation of Sampiano and Ogka for the position of
2. Order dated August 12, 2004 recalling the Order authorizing the
assumption of the vice-mayor as the mayor, and instead maintaining
the status quo prevailing at the time of the issuance of the said Order
3. Order dated September 9, 2004 clarifying the Order of August 12,
Pursuant to the said Orders, Sampiano was ordered to act, perform and
discharge the duties, functions and responsibilities as mayor to prevent
paralysis to public service pending determination and final resolution of the
controversy involving the mayorship of the Municipality of Balabagan.
Ogka filed, on September 13, 2004, an Urgent Motion for Reconsideration of
the September 9, 2004 Order.
He also informed in writing, the Chief Legal Counsel of PNB, Atty. Alvin C.
Go, and asked him not to release the IRA for the Municipality of Balabagan,
Lanao del Sur until the controversy involving the mayorship of the said
municipality now pending with the Comelec shall have been finally resolved.
However, on the basis of the Comelec Order dated September 9, 2004, Go
directed PNB-Marawi to release IRA for the Municipality of Balabagan, Lanao
del Sur to Sampiano and Macabato (the Municipal Treasurer).

In turn, PNB-Marawi acting through its manager, Disomangcop, released on

September 14, 2004 the pending IRA for the months of July to September
To temporarily suspend the release by the PNB-Marawi of the October 2004
IRA while his Urgent Motion for Reconsideration of the September 9, 2004
Order of the Comelec is pending resolution, Ogka filed on October 11, 2004,
a special civil action for Prohibition and Injunction with TRO and Preliminary
Injunction with the RTC presided over by herein respondent Judge.
Respondent Judge issued an Order directing RND-Marawi to hold or defer
the release of the IRA for the Municipality of Balabagan unless ordered
otherwise by the court.
ISSUE: W/N Indar violated Section 286 of the LGC of 1991.
Held: No.
The automatic release of the IRA under Section 286 is a mandate to the
national government through the Department of Budget and Management to
effect automatic release of the said funds from the treasury directly to the
local government unit, free from any holdbacks or liens imposed by the
national government. However, this automatic release of the IRA from the
national treasury does not prevent the proper court from deferring or
suspending the release thereof to particular local officials when there is a
legal question presented in the court pertaining to the rights of the parties to
receive the IRA or to the propriety of the issuance of a TRO or a preliminary
injunction while such rights are still being determined.
Section 5, Rule 58 of the Rules of Court expressly prohibits the grant of
preliminary injunction without hearing and prior notice to the party or person
sought to be enjoined.
However, Sampiano adduced no evidence to prove that the issuance of the
October 11, 2004 Order was motivated by bad faith.