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CONRADO LINDO v. COMELEC

This case has been cited 3 times or more.

	GR No. 188240 2009-12-23	MICHAEL L. SAN MIGUEL v. COMELEC CARPIO MORALES, J.
Indeed, in one case,[4] the Court construed a similarly phrased provision[5] to mean that the ruling on the motion for execution may issue after the period of appeal, as long as the motion for execution pending appeal was filed before the expiration of the time to appeal.
	GR NO. 174155 2007-01-24	PET ANGELI R. CARLOTO v. COMELEC AZCUNA, J.
by reason of public interest, convincing and meritorious, this court hereby GRANTS the motion of protestant-movant for the execution pending appeal of the decision of this Court in this case dated September 14, 2005 and promulgated on September 20, 2005, the same being in ORDER.[16] The Court agrees that these constitute justifiable and good reasons for the issuance of an order of execution pending appeal. Similarly, in Lindo v. Comelec,[17] it was held that the grant of execution pending appeal would give substance and meaning to the people's mandate because they had the right to be governed by their chosen mayor, and barely eighteen months were left in the tenure of the Mayor.
	GR NO. 174263 2007-01-24	JOSE TORRES v. ABELARDO M. ABUNDO YNARES-SANTIAGO, J.
The following constitute "good reasons," and a combination of two or more of them will suffice to grant execution pending appeal: (1) the public interest involved or the will of the electorate; (2) the shortness of the remaining portion of the term of the contested office; and (3) the length of time that the election contest has been pending. x x x[24] The trial court in the instant case, relying on the cases of Lindo v. Commission on Elections[25] and Gutierrez v. Commission on Elections,[26] invoked two "good reasons" to justify its order allowing execution pending appeal. First, the order would "give substance and meaning to the people's mandate, especially since the RTC has established private respondent's right to office." Second, "barely eighteen (18) months is left to the tenure of the mayor of Viga, Catanduanes and the people have the right to be governed by the true winner of the election and their chosen official." The COMELEC found these "good reasons" sufficient.