This case has been cited 1 times or more.
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2010-03-10 |
LEONARDO-DE CASTRO, J. |
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| Judge Barillo primarily argues that the MTC Decision dated November 27, 2002 in Election Case No. 7-2002 already became final and executory on December 16, 2002, in view of the failure of Aragones to appeal the same within five days after its promulgation on December 9, 2002. Such being the case, Aragones could no longer assail the MTC Decision via the Petition filed before the COMELEC Second Division in SPR No. 2-2003. Contrary to the accusations of Aragones that he was guilty of grave abuse of discretion, Judge Barillo insists that he had been faithfully complying with the provisions of Section 17, Rule 37[78] of the COMELEC Rules of Procedure, but the MTC Decision and its promulgation were, nonetheless, delayed by the harassment cases filed by Aragones and his counsel, Atty. Yap. Judge Barillo avers that, despite the fact that he did not file a motion for reconsideration of the Resolution dated June 11, 2003 of the COMELEC Second Division, the instant Petition for Certiorari assailing the resolution was timely filed with this Court. Therefore, the said Resolution could not yet become final and executory. As regards his legal standing to file the instant petition, Judge Barillo points to Montalban v. Canonoy,[79] wherein the Court held that a judge may file an answer or take an active part in a proceeding in order to belie personal attacks of ignorance of the law and of bias, prejudice, favoritism, vindictiveness and other base motives. | |||||