Facts:

● Respondent Artemio Balag filed an election protest against petitioner Quintin B.

Saludaga for the position of Mayor of Lavezares, Northern Samar.
● Saludaga was proclaimed as the duly elected Mayor with 5,913 votes, winning by a
margin of 635 votes over Balag.
● Balag contested the election results in 18 precincts on grounds of terrorism and
misappreciation of ballots.
● Saludaga filed a counter-protest disputing the election results in nine precincts on
alleged irregularities and fraud.
● The Regional Trial Court (RTC) declared Balag as the winning mayoralty candidate with
5,251 votes, 71 votes more than Saludaga's 5,180 votes.
● Saludaga appealed the RTC decision to the Commission on Elections (COMELEC).
● The COMELEC, Second Division affirmed with modification the RTC decision, finding
that Balag won as Mayor of Lavezares, Northern Samar by 127 votes.
● Balag moved for execution pending resolution of the motion for reconsideration, which
was denied by the trial court.
● The COMELEC, Second Division then issued an order granting Balag's motion for
execution pending motion for reconsideration.
● Saludaga filed a motion for reconsideration with the COMELEC en banc, but it was
denied along with his extremely urgent motion for reconsideration of the order granting
execution pending motion for reconsideration.
● Saludaga filed a petition for certiorari and prohibition with the Supreme Court.

Issue:

● Whether the COMELEC Second Division committed grave abuse of discretion in issuing
the order granting execution pending motion for reconsideration.
● Whether the COMELEC Second Division and en banc committed grave abuse of
discretion in issuing the resolutions denying petitioner's motions for reconsideration.

Ruling:

● Saludaga did not commit forum shopping.

● The September 4, 2009 order granting execution pending motion for reconsideration is
void.
● The COMELEC en banc erred in denying petitioner's motion for reconsideration and in
granting respondent's motion to dismiss.
● The case was remanded to the COMELEC en banc for adjudication on the merits of
petitioner's motion for reconsideration.
● Saludaga was reinstated as the Mayor of Lavezares, Northern Samar pending the final
determination by the COMELEC en banc.