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    Prudencio Ruiz Agacita
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    The petitioner, Repol, filed a petition for certiorari alleging that the COMELEC committed grave abuse of discretion in ordering parties to maintain the status quo ante after the trial court found elections in protested precincts were marred by fraud. The OSG, representing COMELEC, argued that Repol cannot challenge an interlocutory COMELEC order without filing a motion for reconsideration with COMELEC en banc first. However, the Court ruled that direct resort to the Supreme Court was justified in this case, as it was in a previous case, to prevent a miscarriage of justice given the urgent need for relief and lack of opportunity to seek reconsideration in time.

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    The petitioner, Repol, filed a petition for certiorari alleging that the COMELEC committed grave abuse of discretion in ordering parties to maintain the status quo ante after the trial court found elections in protested precincts were marred by fraud. The OSG, representing COMELEC, argued that Repol cannot challenge an interlocutory COMELEC order without filing a motion for reconsideration with COMELEC en banc first. However, the Court ruled that direct resort to the Supreme Court was justified in this case, as it was in a previous case, to prevent a miscarriage of justice given the urgent need for relief and lack of opportunity to seek reconsideration in time.

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    Facts

    Uploaded by

    Prudencio Ruiz Agacita
    The petitioner, Repol, filed a petition for certiorari alleging that the COMELEC committed grave abuse of discretion in ordering parties to maintain the status quo ante after the trial court found elections in protested precincts were marred by fraud. The OSG, representing COMELEC, argued that Repol cannot challenge an interlocutory COMELEC order without filing a motion for reconsideration with COMELEC en banc first. However, the Court ruled that direct resort to the Supreme Court was justified in this case, as it was in a previous case, to prevent a miscarriage of justice given the urgent need for relief and lack of opportunity to seek reconsideration in time.

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    FACTS:

    Petitioner Repol filed this Petition for Certiorari 1 on 21 January 2004 alleging that the
    COMELEC committed grave abuse of discretion in issuing the Order directing the parties to maintain
    the STATUS QUO ANTE. Repol contends that the COMELEC First Division has no authority to
    issue the Order after the trial court found the election in the protested precincts marred by fraud and
    after the trial court considered meritorious the grounds cited by Repol in his motion for execution
    pending appeal. According to Repol, the law, rule and jurisprudence limit the COMELEC’s power to
    issue temporary restraining orders to a non-extendible period of 20 days from the date of issuance.

    On the other hand, the OSG appearing on behalf of the COMELEC, prays that the Court dismiss the
    instant petition. The OSG asserts that Repol cannot challenge before this Court by way of a petition
    for certiorari an interlocutory order issued by a COMELEC Division without first filing a motion for
    reconsideration with the COMELEC en banc.

    ISSUE: Repol cannot challenge before this Court by way of a petition for certiorari an interlocutory
    order issued by a COMELEC Division without first filing a motion for reconsideration with the
    COMELEC en banc.

    HELD:

    We rule that direct resort to this Court through a special civil action for certiorari is justified under the
    circumstances obtaining in the present case.

    As held in ABS-CBN Broadcasting Corporation v. COMELEC, the court ruled in the past that this
    procedural requirement of filing a motion for reconsideration may be glossed over to prevent a
    miscarriage of justice, when the issue involves the principle of social justice or the protection of
    labor, when the decision or resolution sought to be set aside is a nullity, or when the need for relief is
    extremely urgent and certiorari is the only adequate and speedy remedy available. The Court
    pointed out in such case that an exception was warranted under the peculiar circumstances of the
    case since there was hardly enough opportunity to move for a reconsideration and to obtain a swift
    resolution in time. The same can be said in Repol’s case.

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