This case has been cited 1 times or more.
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2003-07-14 |
YNARES-SANTIAGO, J. |
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| The records show that the COMELEC served on October 28, 1999 a writ of execution ordering Fermo to desist from performing the function of the Office of Barangay Captain, but the latter refused to comply therewith. His supporters prevented respondent from occupying the barangay hall, prompting the latter to move for the issuance of an alias wit of execution, which was granted on November 12, 1999. It was only on November 17, 1999 that the turn-over to respondent of the assets and properties of the barangay was effected. Undoubtedly, it was Fermo's defiance of the writ that prevented respondent from assuming office at the barangay hall. To reckon, therefore, the effectivity of respondent's assumption in office on November 17, 1999, as petitioners insist, would be to sanction dilatory maneuvers and to put a premium on disobedience of lawful orders which this Court will not countenance. It is essential to the effective administration of justice that the processes of the courts and quasi-judicial bodies be obeyed.[38] Moreover, it is worthy to note that although the physical possession of the Office of the Barangay Captain was not immediately relinquished by Fermo to respondent, the latter exercised the powers and functions thereof at the SK-Hall of Batasan Hills, Quezon City starting October 28, 1999. His re-assumption in office effectively enforced the decision of the COMELEC which reinstated him in office. It follows that all lawful acts of the latter arising from his re-assumption in office on October 28, 1999 are valid. Hence, no grave misconduct was committed by him in appointing Godofredo L. Ramos and Rodel G. Liquido as Barangay Secretary and Barangay Treasurer, respectively, and in granting them emoluments and renumerations for the period served. | |||||