Supreme Court (SC) Chief Justice Ma. Lourdes Sereno on Friday bypassed Sr. Associate Justice Antonio Carpio after she issued a Temporary Restraining Order (TRO) in an election case handled by Carpio entitled Mayor Emmanuel Maliksi vs. Commission on Elections (Comelec) and Homer Saquilayan.

In a two-page Resolution issued by Sereno alone, she stopped the move of the Comelec en banc in unseating of Maliksi as mayor of Imus, Cavite City.

The Manila Times source said that Carpio was the ponente of the case and it was filed with the high court on October 2. However, Carpio did not make any recommendation for the order.

Not until October 11, 2012 did Sereno issued the order on her own against the Comelec and in favor of Maliksi.

Sereno issued the order alone on Thursday while the SC en banc regularly meets on a Tuesday.

“Now, therefore, a temporary Restraining Order is hereby issued effective immediately and continuing until further orders from this Court, ordering you, and respondent Comelec, your agents, representatives, or persons acting in your place or stead, to refrain from further proceeding with or implementing the assailed Comelec Resolution dated September 14, 2012,” the ruling states.

In addition, it was clearly issued upon the orders of Sereno as the resolution was worded: “Given by authority of the Honorable Maria Lourdes P.A. Sereno, Chief Justice of the Supreme Court of the Philippines, this 11th day of October 2012, in Manila, Philippines.”

The ruling was promulgated by Clerk of Court lawyer Enriqueta Vidal.

Under the law, a chief justice can issue a TRO on her own but it should be confirmed by the SC en banc on the next regular meeting.

However, the case went into a regular en banc session but Sereno opted to issue on her own without the recommendation from the ponente.

In the Comelec en banc, with a vote of four-two Maliksi was unseated by Chairman Sixto Brillantes Jr., Elias Yusoph, Rene Sarmiento and Armando Velasco due to alleged election fraud and ruled in favor of Saquilayan to seat as Mayor of Imus, Cavite.

The two votes of Commissioners Lucenito Tagle and Christian Robert Lim did not take part.