This case has been cited 1 times or more.
|
2003-09-18 |
CARPIO, J. |
||||
| A supersedeas bond secures the performance of the judgment or order appealed from in case of its affirmation.[31] Section 3 finds application in ordinary civil actions where the interest of the prevailing party is capable of pecuniary estimation, and consequently, of protection, through the filing of a supersedeas bond. Thus, the penultimate sentence of Section 3 states: "[T]he bond thus given may be proceeded against on motion with notice to the surety." Consequently, it finds no application in election protest cases where judgments invariably include orders which are not capable of pecuniary estimation such as the right to hold office and perform its functions. As well observed by the COMELEC Second Division in its Resolution in the instant case:The supersedeas bond, as used under Section 3, Rule 39 of the 1997 Rules of Civil Procedure, refers to a bond, either in cash or a surety bond, filed by the losing party in an ordinary civil action to secure the performance or to satisfy the judgment appealed from in case it is affirmed on appeal in favor of the prevailing party. A supersedeas bond is filed purposely for the performance of the judgment appealed from in case it is affirmed by the appellate court. On the assumption that the filing of the supersedeas bond applies in an election protest case, the practical considerations of the matter dictate that it cannot secure the performance of or satisfy the judgment rendered in an election protest which basically involves the right to hold a public office and the performance of its functions in accordance with the mandate of the law, except insofar as the monetary award provided in the special order. By allowing the filing of a supersedeas bond to stay the execution of a judgment in an election protest declaring the protestant, as in the case of petitioner herein, as the winning candidate who is entitled to the right to hold and perform the functions of the contested public office, would render the judgment in an election protest illusory. xxx While the supersedeas bond ensures that the appealed decision if affirmed is satisfied, in an election protest case, such bond, in the event the appealed case is affirmed and the execution pending appeal is proven to be meritorious, cannot adequately answer for the deprivation of a duly elected candidate of his post, and his constituents of their leader of choice, such deprivation being unquantifiable.[32] (Emphasis added) | |||||