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EXECUTION OF JUDGMENTS PENDING APPEAL IN ELECTION CASES
Execution of judgments pending appeal in election cases - Execution of judgments pending appeal in election cases is governed by Section 2, Rule 39 of the Rules of Court, as amended by the 1997 Rules on Civil Procedure. It reads: "Sec. 2 Discretionary execution - (a) Execution of judgment or final order pending appeal - On motion of the prevailing party with notice to the adverse party filed in the trial court while it has jurisdiction over the case and is in possession of either the original record or the record on appeal, as the case may be, at the time of the filing of such motion, said order ma, in its discretion, order execution of a judgment of final order even before the expiration of the period to appeal. After the trial court has lost jurisdiction, the motion for execution pending appeal may be filed in the appellate court. Discretionary execution may only issue upon good reasons to be stated in a special order after due hearing." A valid exercise of the discretion to allow execution pending appeal requires that is should be based "upon good reasons to be stated in the a special order." The following constitute "good reasons" and a combination of two or more of them will suffice to grant execution pending appeal: (1) public interest involved or will of the electorate; (2) the shortness of the remaining portion of the term of the contented office; and (3) the length of time that the election contest has been pending. In Lauban v. COMELEC (G.R. No. 128473, Resolution dated August 26, 1997), the Supreme Court ruled that "shortness of the remaining term of office and posting a bond are not good reasons for execution of a judgment pending appeal XXX." [Citations omitted.] Justice Gonzaga-Reyes, Fermo v. COMELEC, G.R. No. 140179, March 13, 2000
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CCHOPE ELECTION
2001 
