Manuel Eduardo Lunas vs. Ricky Bakunawa, et al.

[SEC CASE NO. 3112. October 15, 1987.] MANUEL EDUARDO LUNAS , petitioner , vs . RICKY BAKUNAWA, ET AL. , respondents . O R D E R For resolution in this case are the injunctive reliefs prayed for by the petitioner, to wit: 1. That the respondent Chairman of the Philippine Jaycees National Commission on Elections be ordered to recall, retract and discontinue their order declaring respondent Bakunawa as the winner of the electoral contest for National Treasurer; 2. That respondent Bakunawa be prohibited from assuming the post of National Treasurer; 3. The respondents JCP Comelec and its respondent Commissioners be enjoined from inducting respondent Bakunawa as JCP National Treasurer; 4. That should respondent Bakunawa have been inducted as JCP National Treasurer, a writ of preliminary mandatory injunction be issued commanding the respondents to recall and/or invalidate the induction of said respondent Bakunawa as JCP National Treasurer. ITaCEc Hearings were conducted on the petitioner's injunctive reliefs and both parties presented testimonial, as well as documentary evidence. From the evidence adduced, it has been established that respondent Bakunawa had been proclaimed National Treasurer of Philippine Jaycees on December 13, 1987 and had performed his functions as such up to the present. With the proclamation of respondent Bakunawa and his assumption of office, the application for preliminary prohibitory injunction will no longer lie in view of the fact that the act sought to be enjoined has already been performed (Manila Railroad Company vs. Yatco. L-23256, May 27, 1968). TACEDI On the petitioner's application for a writ of preliminary mandatory injunction to command the respondents Chairman and Commissioners of the Philippine Jaycees National Commission on Elections to recall and/or invalidate the induction of respondent Bakunawa as National Treasurer, the Amended By-laws of Philippine Jaycees, Inc., under Section 3, Article XI provided for the powers and duties of the National Commission on Elections, among which are to be the sole judge of all contest relating to the election returns and qualifications of electors for national elective officers, and canvassing and validity of ballots and hear and decide election contests within thirty (30) days after the same are submitted for resolution. cCSDTI In this case, the election protest filed by respondent Bakunawa against the petitioner was decided in favor of the former (Exh. "20"). There are only two requisites to be satisfied if injunction is to issue, namely, the existence of the right to be protected and that the facts against which the injunction is to be directed are violative of said right (Araneta, et al., vs. Gatmaitan, et al., 101 Phil. 328). However, for a writ of injunction to issue, the existence of a clear positive right especially calling for judicial protection must be shown (Yaptinchay vs. Torres, G.R. No. L-26462, June 9, 1969). Since the right of the petitioner in this case to the contested position of National Treasurer is not clear, as it was in fact contested, the writ of injunction would not lie. WHEREFORE, petitioner's application for the writ of preliminary prohibitory, as well as mandatory injunction should be, as they are hereby DENIED. SO ORDERED. ASTcEa (SGD.) FELIPE S. TONGCO Hearing Officer