Chapter 8
1. Michi
2. PU PUNZ NZAL ALAN AN v. v. COM COMEL ELEC EC FACTS: Danilo Manalastas, Ferdinand Meneses and Ernesto Punzalan were among the four (4 !andidates for ma"or of the muni!i#alit" of Me$i!o, Pam#anga during the Ma" %, &'' ele!tions) The Muni!i#al *oard of Can+assers (M*C #ro!laimed Meneses as the dul" ele!ted ma"or) Manalstas and Punzalan filed se# e#aara rate te el ele! e!ti tion on #ro rote tessts o oth th all lleg egiing mas assi si+e +e fr frau aud d an and d ill lleg egal al ele le!!to tora rall #ro ro!e !esss) -TC found that there was fraud and that allots, ele!tion returns and tall" sheets at !ertain distri!ts .disa##eared under m"sterious !ir!umstan!es/. and that filled0u# allots with undeta!hed lower stus and grou#s of allots with stus !ut out with s!issors were found inside allot o$es) -TC was !onstrained to e$amine the !ontested allots and the handwritings a##earing thereon and !ame u# with the de!laration that Punzalan wa s the winner in the ele!tions) -TC granted Manalastas1 a##li!ation a##li!ation for writ of e$e!ution #ending a##eal to whi!h SEC issued resolution 4%0'2 granting Meneses1 #etition #etition to set aside su!h order) 3SSES: 56n C7ME8EC a!ted with gra+e ause of dis!retion in de!laring as +alid the allots !redited to Meneses whi!h did not ear the signature of the *E3 !hairman 56n the finding of -T -TC C on authenti!it" of handwriting #re+ails o+er that of C7ME8EC) -839: 97) Se! ;4 -A <&22 sa"s that mere failure (signature does not in+alidate although it ma" ma " !onstitute an ele!tion offense to !hairman) =uris#ruden!e adds that it is +alid #ro+ided it ears other authenti!ating mar>s ) Se! ;&& *# %%& sa"s allots are #resumed +alid unless ther is !lear and good reason to ?ustif" re?e!tion and failure to affi$ signature not good and !lear reason) 97) A##re!iatio A##re!iation n of allors and ele!tions do!uments is a @uestion of fa!t est left to C7ME8EC) C7ME8 C7M E8EC EC nee need d not !on !ondu! du!tt ad+ ad+ers ersari arial al #ro #ro!ee !eedin ding g and ma" e+e e+en n !on !onsid sider er e+i e+iden den!e !e ali aliund unde) e) Testimonies Te stimonies of e$#derts not inding u#on C7ME8EC)
Chapter 11
1. Villam llamor or vs COM COMEL ELEC EC G.R. NO. 169865
Fa!ts: 7n Ma" &, ;BB4, #etitioner irginio illamor was #ro!laimed as ma"or of Carmen, Ceu, " the Muni!i Muni!i#al #al *oard *oard of Can+a Can+asse ssers rs (M*C (M*C in the ele!ti ele!tions ons held held on Ma" &B, ;BB4 ;BB4 o+er o+er his o##one o##onent nt,, res#on res#onden dentt Am"t Am"tis is De Dios0* Dios0*ata atao) o) 7n Ma" &<, ;BB4, ;BB4, res#on res#onden dentt filed filed a #etiti #etition on to annul annul the the #ro!lamation of #etitioner #etitioner alleging as grounds grounds the illegal !om#osition !om#osition of the M*C and its its #ro!eedings Su Suse@ se@uen uentl", l", or on Ma" Ma" ;4, ;BB4 ;BB4,, res res#ond #onden entt filed iled an ele! ele!ttion ion #ro #rotes test with ith the -egion -egional al Trial Trial Court Court of Danao Danao Cit") Cit") Petiti Petitione onerr filed filed his Answer Answer to the Petiti Petition on with with Counte Counter r Protest on =une <, ;BB4) owe+er, in its 7rder dated =une ;4, ;BB4, the trial !ourt dismissed the ele!tion #rotest for la!> of ?urisdi!tion ?urisdi!tion e!ause it was was filed one0da" late) nder Se!tion , -ule of the C7ME8EC -ules of Pro!edure, an ele!tion #rotest should e filed within &B da"s from the date of #ro!lamation of the results of the ele!tion) Sin!e #etitioner was #ro!laimed on Ma" &, ;BB4, res#ondent had until Ma" ;, ;BB4 to file an ele!tion #rotest) owe+er, res#ondent filed the same onl" on Ma" ;4, ;BB4, thus, it was dismissed " the trial !ourt in an 7rder dated =une ;4, ;BB4) A Motion for -e!onsideration was filed " the res#ondent whi!h was granted " the trial !ourt e!ause it found that the ele!tion #rotest was a!tuall" filed on time) Sin!e the last da" to file the #rotest fell on Ma" ;, ;BB4 whi!h was a Sunda", thus, under Se!tion &, -ule ;; of the -ules of Court, the time should not run until the ne$t wor>ing da" whi!h was Ma" ;4, ;BB4) Se!tion , -ule & of the -ules of Court gi+es the !ourts inherent #ower to amend and !ontrol its #ro!esses and orders to !onform with law and ?usti!e) Petitioner a##ealed the 7rder granting res#ondents motion for re!onsideration to the C7ME8EC) The Se!ond Di+ision of the C7ME8EC dismissed the a##eal for la!> of merit) 7n August , ;BB, the C7ME8EC En *an! denied #etitioners motion for re!onsideration) 3n the meantime, the Se!ond Di+ision of the C7ME8EC issued on Ma" ', ;BB a -esolution whi!h is the #etition to annul the #ro!lamation of #etitioner) #etitioner) en!e, this #etition) #etition) 3ssues: (& whether the trial !ourt !an a!t on a motion for re!onsideration in an ele!tion #rotest #rotest (; whether the trial !ourt #rematurel" admitted res#ondents ele!tion #rotest #ending a #re0 #ro!lamation !ontro+ers") !ontro+ers")
eld: The !ourt !ourt grant granted ed the the #etiti #etition) on) Anent Anent the the first first issue, issue, #etiti #etitione onerr assert assertss that that a motio motion n for re!onsideration of the ele!tion #rotest filed " res#ondent was a #rohiited #leading thus its filing did not toll the running of the #eriod to a##eal) Conse@uentl", when the latter failed to a##eal within fi+e da"s from the =une ;4, ;BB4 7rder of the trial !ourt, the dismissal of the ele!tion #rotest e!ame final) 7n the other hand, res#ondent alleges that a motion for re!onsideration is not a #rohiited #leading and !laims that e+en if the motion was not filed, the trial !ourt !ould reinstate the #etition motu #ro#rio efore the said order order e!ame final)
The rules in ordinar" !i+il #ro!edure do not a##l" in ele!tion !ases e$!e#t " analog" or in a su##letor" !hara!ter and whene+er #ra!ti!ale and !on+enient) Se!tion ;2 of the 7mnius Ele!tion Code and Se!tion &', -ule of the C7ME8EC -ules of Pro!edure !learl" state that no motion for re!on re!onsid sidera eratio tion n should should e entert entertain ained) ed) Thus, Thus, there there is no room room to a##l" a##l" the the rules rules of ordina ordinar" r" !i+il !i+il #ro!edure su##letoril") su##letoril") 9or !an resort e made " the trial !ourt to Se!tion (g of -ule & of the -ules of Court to sustain its a!tions) The trial !ourt did not !onform to law and ?usti!e when it granted the motion for re!onsideration whi!h is a #rohiited #leading) 5ith res#e!t to the ; nd issue first, as a general rule, the #ro#er remed" after the #ro!lamation of the winning !andidate for the #osition !ontested would e to file a regular ele!tion #rotest or a #etition for @uo warranto) The filing of an ele!tion #rotest or a #etition for @uo warranto #re!ludes the suse@uent filing filing of a #re0#r #re0#ro!l o!lama amatio tion n !ontro !ontro+er +ers" s" or amount amountss to the aando aandonm nment ent of one earlie earlierr filed, filed, thus thus de#ri+ing the C7ME8EC of the authorit" to in@uire into and #ass u#on the title of the #rotestee or the +alidit" of his #ro!lamation) The reason is that on!e the !om#etent triunal has a!@uired ?urisdi!tion of an ele!tion #rotest or a #etition for@uo warranto, all @uestions relati+e thereto will ha+e to e de!ided in the !ase itself and not in another #ro!eeding) This #ro!edure will #re+ent !onfusion and !onfli!t of authorit") authorit") Moreo+er, not all a!tions see>ing the annulment of #ro!lamation sus#end the running of the #eriod for filing an ele!tion #rotest or a #etition for @uo warranto) For it is not the relief #ra"ed for whi!h distinguishes a!tions under ;4% from an ele!tion #rotest or @uo warranto #ro!eedings, ut the grounds on whi!h the" are ased) 3n the !ase at ar, res#ondents #etition to annul the #ro!lamation rested mainl" on the alleged illegal !om#osition of the muni!i#al oard of !an+assers and its #ro!eedings whi!h is an issue that ma" e #ro#erl" raised in a #re0#ro!lamation !ontro+ers") !ontro+ers") nder #aragra#h ( of Se!tion of -ule ;< of the C7ME8 C7ME8EC EC -ules -ules of Pro!ed Pro!edure ure,, if the #etiti #etition on in+ol+ in+ol+es es the illega illegall !om#os !om#ositi ition on of the oard oard of !an+assers, it must e filed immediatel" when the oard egins to a!t as su!h, or at the time of the a##ointment of the memer whose !a#a!it" to sit as su!h is o?e!ted to if it !omes after the !an+assing of the oard, or immediatel" at the #oint where the #ro!eedings are or egin to e illegal) 3n the instant !ase, res#ondents #etition to annul #etitioners #ro!lamation ased on the alleged illegal !om#osition of the oard of !an+assers is a #re0#ro!lamation !ontro+ers" whi!h should ha+e een filed #rior to #etitioners #ro!lamation) owe+er, res#ondent filed the #etition on Ma" &<, ;BB4 onl" or four da"s after #etitioners #ro!lamation) As su!h, the filing of the #etition to annul the #ro!lamation of #etitioner did not sus#end the running of the reglementar" #eriod within whi!h to file an ele!tion #rotest and ine+ital", it did not sus#end the latters #eriod to file an Answer with Counter Protest) A!!ordingl", the the sus suse@ e@ue uent nt fili filing ng of the the ele! ele!ti tion on #rot #rotes estt on Ma" ;4, ;4, ;BB4 ;BB4 " res# res#on onde dent nt amou amount nted ed to the the aandonment of the #re0#ro!lamation !ontro+ers" earlier filed)
;) LAGUMA! V. COMELEC 16 "CRA 1#5 $ %&i's (o maha'a) *+ll ,&-, /i0&s, la'0 m&ro'
sa '&, Fa!ts: 3n ea!h #re!in!t the numer of registered +oters e@ualed the numer of allots and the numer of +otes re#ortedl" !ast and tallied for ea!h and e+er" !andidate of the 8ieral Part", the #art" in
#ower, whereas, all the 9a!ionalista Part" got e$a!tl" zero) All the re#orted +otes were for the !andidates of the 8ieral Part", all whom were !redited with e$a!tl" the same numer of +otes in ea!h #re!in!t, whereas all the !andidates of the 9a!ionalista Par t " were gi+en e$a!tl" zero in all said #re!in!ts) 3SSE: 3SS E: 5as the ele ele!ti !tion on res resul ultt in sai said d #re #re!in !in!ts !ts utt utterl" erl" im im#ro #roa ale le and !le !learl" arl" in in!red !redil ile e E8D: The Su#reme Court answered in the affirmati+e stating that said returns were o+iousl" false or fari!ated 0 #rima fa!ie
. o'03o'0 4. Cas Cas,ro ,roma maor or v. v. COMELE COMELEC C 25 25 "CRA "CRA 298 298
Fa!ts: Castroma"or was de!lared and #ro!laimed winner in an ele!tion !ontest held in&'' in Calinog, 3loilo, ta>ing the %th Sangguniang *a"an seat) 5hen the !hairman of the Muni!i#al *oard of Can+assers re!he!>ed the totals of the Statement of otes, there wassome dis#arit" and it a##eared that another !andidate, Demorito has more +otes thanCastroma"or and the reason was that +otes from one (& #re!in!t was o+erloo>ed) She thereafter sent a fa$ to the C7ME8EC re@uesting that the M*C e re!on+ened for #ur#oses of re!tif"ing the error and annulling the #ro!lamation of Castroma"or and#ro!laim Demorito as the %th memer of the Saggunian) The C7ME8EC then issued aresolution ased on the re@uest) Petitioner then assailed the resolution of the C7ME8EC) Petitioner !ontends that he was denied due #ro!ess sin!e the issue in+ol+es a #re#ro!lamation !ontro+ers" and he should e entitled to noti!e and hearing so that he!an e afforded an o##ortunit" to refute the allegations) Petitioner !ontests the -esolution of the C7ME8EC whi!h was ased on a fa$ letter sent " arin) 3sssue: 579 th 3s thee re ressol olu utio ion n is +al aliid an and d th thaat th thee #r #ro o!l !lam amat atio ion n of #et etiiti tion oner er is +al alid id)) eld : what the C7ME8EC resolution !ontem#lates is a hearing efore the M*C at whi!h #etitioner will e heard on his o?e!tion and that onl" if warranted will the M*C e authorized to set aside the #ro!lamation of #etitioner #re+iousl" made) 3n its noti!e to the !andidates, the M*C did not state that it was going to re!on+ene to annul #etitioners #ro!lamation and ma>e a new one ut onl" that it was going to do so .for the !orre!tion of the errors noted in the Statement of otes #er Pre!in!t6Muni!i#alit")The Statement of otes forms the asis of the Certifi!ate of Can+ass and of the #ro!lamation, an" error in the statement ultimatel" affe!ts the +alidit" of the #ro!lamation) 3t egs the @uestion, therefore, to sa" that this is not a #re0#ro!lamation !ontro+ers" and the #ro!edure for #re0#ro!lamation !ontro+ersies !ontro+ersies !annot e a##lied to the !orre!tion in the !om#utation of the totals in the Statement of otes)5hat is in+ol+ed here is a sim#le #rolem of arithmeti!) The Statement of otes is merel" a taulation #er #re!in!t of the +otes otained " the !andidates as refle!ted in the ele!tion returns) 3n ma>ing the !orre!tion in !om#utation, the M*C wil willl e a!t a!ting ing in ana anadmi dminis nistra trati+ ti+ee !a# !a#a!i a!it" t",, und under er the !on !ontro troll and su# su#er+ er+isi ision on of the C7ME8EC) en!e an" @uestion #ertaining to the #ro!eedings of the M*C ma" e raised dire!tl" to the C7ME8EC en an! in the e$er!ise of its !onstitutional fun!tion to de!ide @uestions affe!ting ele!tions)
5. U7 U7U7 U7A ALU LUM M v COM COMEL ELEC EC FACTS: 9-SSE39 A) TTA8Mand FACTS: TTA8Mand A-DE9 S) A993 were among the !andidates in the last B Ma" &'%< Congressional ele!tions for the ;nd Distri!t of Sulu) After the el!tions, ele!tions returns from Siasi showed that tutalum otained 4%; +otes while res#ondent Anni re!ei+ed ,%& +otes out of the ',%B& registered +oters) 3f the returns of Siasi were e$!luded, Petitioner tutalum would ha+e a lead of ,B& +otes) tatalum filed written o?e!tions to the returns from Siasi on the ground that the" .a##ear to e tam#ered with or falsified. owing to the .great e$!ess of +otes. a##earing in said returns) e then #ra"ed for the e$!lusion from the !an+ass of an" ele!tion returns from Siasi) The Pro+in!ial *oard of Can+assers dismissed #etitioners o?e!tions e!ause the" had een .filed out of time or onl" after the Certif Cer tifi!a i!ate te of Can Can+as +asss had alread" alread" ee een n !an !an+as +assed sed " the *oa *oard rd and e!ause e!ause the gro ground undss fo forr th thee o?e!tion were not one of those enumerated in Se!tion ;4 of the Ele!tion Code.) Petitioner filed with the *oard of Can+assers his 9oti!e of A##eal from said -esolution to the C7ME8EC) Meanwhile, Sulu Pro+in!ial *oard of Can+assers #ro!laimed res#ondent Anni Anni as the winner) e suse@uentl" too> his oath of off offi!e i!e and entered entered u#o u#on n the dis!harg dis!hargee of its fun!tion fun!tionss in =ul" &'%<) &'%<) 7n &2 =an =anuar" uar" &'%%, &'%%, the C7ME8EC issued, a -esolution annulling the Siasi 8ist of oters .on the ground of massi+e irregularities !ommitted in the #re#aration thereof and eing statisti!all" im#roale., and ordering a new registration of +oters for the lo!al ele!tions of & Feruar" &'%%) 7n &' A#ril &'%% C7ME8EC (First Di+ision denied Petitioner tutalums two Petitions .for la!> of merit, with the ad+ise that he ma" file an ele!tion !ontest efore the #ro#er forum, if so desired). De!lared the C7ME8EC inter alia: Padded +oters list, massi+e fraud and terrorism is !learl" not among the issues that ma" e raised in a #re0#ro!lamation !ontro+ers") The" are #ro#er grounds for an ele!tion #rotest) Petitioner !ontends that the issue he raised efore the C7ME8EC a!tuall" a!tuall" referred to .o+iousl" manufa!tured manufa!tured returns,. a #ro#er #ro#er su?e!t matter for a #re0#ro!lamation !ontro+ers" and, therefore, !ognizale " the C7ME8EC, in a!!ordan!e with Se!tion ;4 of the 7mnius Ele!tion Code) 3SSE: 579 the issue raised is a ground for a #re0#ro!lamation !ontro+ers") !ontro+ers") E8D: 97) 3t is true that in 8aguma" +s) C7ME8EC, relied u#on hea+il" " Petitioner tutalum, this Court ruled that the returns are o+iousl" manufa!tured where the" show a great e$!ess of +otes o+er what !ould ha+e een legall" !ast) The Siasi returns howe+er, do not show #rima fa!ie that on the asis of the old 8ist of oters, there is a!tuall" a great e$!ess of +otes o+er what !ould ha+e een legall" !ast) Moreo+er, the 8aguma" !ase dealt with the .manufa!ture. of returns " those !harged with their #re#aration as shown #rima fa!ie on the @uestioned returns themsel+es) 9ot so in this !ase whi!h deals with the #re#aration of the registr" list of +oters, a matter that is not refle!ted on the fa!e of said returns) *asi!all",, therefore, #etitioners !ause of a!tion is the #adding of the Siasi 8ist of oters, *asi!all" oters, whi!h, indeed, is not a listed ground for a #re0 #ro!lamation !ontro+ers") Se!) ;4) 3ssues that ma" e raised in #re0#ro!lamation !ontro+ers")GThe following shall e #ro#er issues that ma" e raised in a #re0#ro!lamation !ontro+ers": (a 3llegal !om#osition or #ro!eedings of the oard of !an+assers/ ( The !an+assed ele!tion returns are in!om#lete, !ontain material defe!ts, a##ear to e tam#ered with or falsified, or !ontain dis!re#an!ies in the same returns or in other authenti! !o#ies thereof as mentioned in Se!tions ;, ;4, ; and ;2 of this Code/
(! The ele!t ele!tion ion returns were #re# #re#ared ared under dure duress, ss, thre threats, ats, !oer!ion, !oer!ion, or intim intimidati idation, on, or the" are o+iousl" manufa!tured or not authenti!/ and (d 5hen sustitute or fraudulent returns in !ontro+erted #olling #la!es were !an+assed, the results of whi!h materiall" affe!ted the standing of the aggrie+ed !andidate or !andidates) As #ointed out in Es#aldon +s) C7ME8EC: Padded +oters list, massi+e fraud, and terrorism are !learl" not among the issues that ma" e raised in a #re0#ro!lamation !ontro+ers") The" are #ro#er grounds for an ele!tion #rotest) And as held in the !ase of *autista +s) C7ME8EC: The s!o#e of #re0#ro!lamation !ontro+ers" is limited to the issues enumerated under Se!tion ;4 of the 7mnius Ele!tion Code) The enumeration therein of the issues that ma" e raised in a #re0#ro!lamation !ontro+ers" is restri!ti+e and e$!lusi+e) Moreo+er, the #re#aration of a +oters list is not a #ro!eeding efore the *oard of Can+assers) A #re0#ro!lamation !ontro+ers" is limited to !hallenges dire!ted against the *oard of Can+assers, not the *oard of Ele!tion 3ns#e!tors and su!h !hallenges should relate to s#e!ified ele!tion returns against whi!h #etitioner should ha+e made s#e!ifi! +eral o?e!tions (Se!) ;4, 7mnius Ele!tion Code, ut did not) That the #adding of the 8ist of oters ma" !onstitute fraud, or that the *oard of Ele!tion 3ns#e!tors ma" ha+e fraudulentl" !ons#ired in its #re#aration, would not e a +alid asis for a #re0#ro!lamation !ontro+ers" either) For, whene+er irregularities, su!h as fraud, are asserted, the #ro#er !ourse of a!tion is an ele!tion #rotest) Finall",, this Petition has to fail if onl" on the asis of the e@uall" im#ortant do!trine enun!iated in Padilla Finall" +s)C7M +s) C7ME8 E8EC EC rei reiter terate ated d in *al *aldo do +s) C7M C7ME8E E8EC C th that: at: 5h 5here ere the res res#on #onden dentt had alr alread" ead" ee een n #ro!laimed as the ele!ted re#resentati+e of the !ontested !ongressional distri!t, and has long assumed offi!e and has een e$er!ising the #owers, fun!tions, and duties a##urtenant to said offi!e, the remed" of the #et #etit ition ioner er li lies es wit with h th thee ou ouse se of -e# -e#res resent entati ati+es +es Ele Ele!to !toral ral Tr Triu iunal nal)) Th Thee #re #re0#r 0#ro!l o!lama amatio tion n !ontro+ers" e!omes moot and a!ademi!) And in the more re!ent !ase of Antonio +s) C7ME8EC: 5here the win winni ning ng !an !andid didate atess ha+ ha+ee ee een n #ro #ro!la !laime imed, d, the #re #re0#r 0#ro!l o!lama amatio tion n !on !ontro tro+er +ersie siess !ea !ease) se) A #re #re00 #ro!lamation !ontro+ers" is no longer +iale at this #oint in time and should e dismissed) The #ro#er remed" thereafter is an ele!tion #rotest efore the #ro#er forum) -e!ourse to su!h remed" would settle the matter in !ontro+ers" !on!lusi+el" and on!e and for all) 5E-EF7-E, this Petition for Certiorari is here" D3SM3SSED
Chapter 12
1. AN7ONO AN7ONO V.A. 7AN 7AN vs. COMM""ON ON ELEC7ON" ELEC7ON" $No, s+r& (+'0 ,ama ,o )&ro i,o )i'a(amala)i, sa 1998 'a cas& FACTS: Petitioner was designated " the Commission on Ele!tions (.C7ME8EC. as i!e0Chairman of the Cit" *oard of Can+assers of Da+ao Cit" for the &&th Ma" &''; s"n!hronized national and lo!al ele!tions) 7n the asis of the +otes !an+assed " the *oard of Can+assers, Manuel ar!ia was #ro!laimed the winning !andidate for a !ongressional seat to re#resent the Se!ond Distri!t of Da+ao Cit" in the ouse of -e#resentati+es)
Pri+ate res#ondent Alterado, himself a !andidate for the #osition, filed a numer of !ases @uestioning the +alidit" of the #ro!lamation of Manuel ar!ia and a!!using the memers of the Cit" *oard of Can+assers of .unlawful, erroneous, in!om#lete and irregular !an+ass). Meanwhile, the ele!toral #rotest of #ri+ate res#ondent Alterado was dismissed " the ouse of -e#resentati+es Ele!toral Triunal) The !riminal !om#laint for .Falsifi!ation of Puli! Do!uments and iolation of the Anti0raft and Corru#t Pra!ti!es A!t. efore the 7ffi!e of the 7mudsman was li>ewise dismissed) Still #ending is an administrati+e !harge, the !ase now efore us, instituted in the C7ME8EC against the Cit" *oard of Can+assers, in!luding herein #etitioner, for .Mis!ondu!t, 9egle!t of Dut", ross 3n!om#eten!e and A!ts 3nimi!al to the Ser+i!e). Petitioner mo+ed to dismiss the administrati+e !om#laint against him for alleged la!> of ?urisdi!tion of the C7ME8EC thereo+er, he eing under the E$e!uti+e De#artment of the go+ernment) The C7ME8EC denied #etitioners motion to dismiss)en!e, the instant #etition) 3SSE: 5hether C7ME8EC has !ommitted gra+e ause of dis!retion and a!ted without ?urisdi!tion in !ontinuing to ta>e a!tion on the administrati+e !ase) E8D: &) 3t should e stressed stressed that that the administrati administrati+e +e !ase against against #etitioner #etitioner,, ta>en !ognizan! !ognizan!ee of ", and still #ending with, the C7ME8EC, is in relation to the #erforman!e of his duties as an ele!tion !an+asser and not as a !it" #rose!utor) The C7ME8ECs mandate in!ludes its authorit" to e$er!i e$er!ise se dire!t dire!t and immedi immediate ate su#er+ su#er+isi ision on and !ontro !ontroll o+er o+er nation national al and lo!al lo!al offi! offi!ial ialss or em#l em#lo" o"ee ees, s, in!l in!lud udin ing g mem memer erss of an" nati nation onal al or lo!a lo!all law law enfo enfor! r!em emen entt agen agen!" !" and and instrumentalit" of the go+ernment, re@uired " law to #erform duties relati+e to the !ondu!t of ele!tions) 3n order to hel# ensure that su!h dul" de#utized offi!ials and em#lo"ees of go+ernment !arr" out their res#e!ti+e assigned tas>s, the law has also #ro+ided than u#on the C7ME8ECs re!ommendat re!ommendation, ion, the !orres#on !orres#onding ding #ro#er authorit" authorit" shall ta>e a##ro#riat a##ro#riatee a!tion, a!tion, either either to sus#end or remo+e from offi!e the offi!er or em#lo"ee who ma", after due #ro!ess, e found guilt" of +iolation of ele!tion laws or failure to !om#l" with instru!tions, orders, de!ision or rulings of the C7ME8EC) The C7ME8EC merel" ma" issue a re!ommendation for dis!i#linar" a!tion ut that it is the e$e!uti+e de#artment to whi!h the !harged offi!ial or em#lo"ee elongs whi!h has the ultimate authorit" to im#ose the dis!i#linar" #enalt") The law then does not detra!t from, ut is !ongruent with, the general administrati+e authorit" of the de#artment of go+ernment !on!erned o+er its own #ersonnel)
2. ENA ENAMN MN :. :. AR ARAO AO vs. vs. COMELEC COMELEC $ 21 "CRA "CRA 29 Fa!ts: Petitioner Arao and #ri+ate res#ondent Pulmones were !andidates for the offi!e of Cit" Ma"or of Pagadian Cit" in the =anuar" &%, &'%% lo!al ele!tions) After !an+assing the +otes, #etitioner garnered &;,44< +otes, while Pulmones got onl"&;,BB +otes) Conse@uentl" on =anuar" ;&, &'%%, #etitioner was #ro!laimed Cit" Ma"or0ele!t of Pagadian Cit") Cit")Pri+ate Pri+ate res#ondent filed his Protest with C7ME8EC #arti!ularl" alleging that fraudand anomalies were ram#ant in #ra!ti!all" all the +oting !enters in
Pagadian Cit" on =anuar" ;%, &'%%) e also filed an amended #rotest on Feruar" &, &'%% or after the ten da" #eriod to file an ele!tion #rotest) The First Di+ision of C7ME8EC denied the said amended #rotest) Thereafter, the C7ME8EC en an! granted the amended #rotest and de!lared Pulmones as the dul" ele!ted ma"or of Pagadian Cit" and ordered #etitioner to +a!ate his offi!e and surrender the same to #ri+ate res#ondent) 3ssue: 5hether or not C7ME8EC !ommitted gra+e ause of dis!retion in de!laring Pulmones as the dul" ele!ted Ma"or of Pagadian Cit") eld: The e$traordinar" #ower of the Su#reme Court to #ass u#on an order or de!ision of C7ME8EC should e e$er!ised restri!ti+el", with !are and !aution, while gi+ing it the highest regard and res#e!t due a !onstitutional od") For, not e+er" ause of dis!retion ?ustifies the original a!tion of !ertiorari, it must e gra+e) 9or an" denial of Due Pro!ess within its amit, it must e #atent and it must e sustantial)The test therefore is whether #etitioner has demonstrated !on+in!ingl" that C7ME8EC has !ommitted gra+e ause of dis!retion or e$!eeded its ?urisdi!tion amounting to #atent and sustantial denial of due #ro!ess in issuing the !hallenged de!ision) ere, #etitioner has utterl" failed)The !om#laint of #etitioner against the alleged omission of C7ME8EC to state the reasons for its !on!lusion that !ertain allots were with identi!al hand writings, some mar>ed and others stra", does not in an" magnitude diminish the straight forward statement of the #uli! res#ondent that Hit #ainsta>ingl" e$amined and a##re!iated indi+iduall" the !ontested allots for oth #rotestant and #rotestee in a!!ordan!e with e$isting norms)IConse@uentl" #etitioner ma" e deemed to ha+e wai+ed his right to @uestion the -esolution when he failed to a!t a!!ordingl" des#ite the o##ortunit" to do so) e should not e #ermitted, in other words to remain mute and unaffe!ted in the fa!e of a #er!ei+ed ?urisdi!tional defe!t and, worse, #rofit from his a!@uies!en!e onl" to grumle in the end when it turns out to e #re?udi!ial to his interest
. Ga,ch Ga,chalia' alia' v. COMELE COMELEC C G.R. G.R. No. 256 256 22 Oc,o3 Oc,o3&r &r 19# 19# Fa!ts: Pursuant to the re@uest of the ad+ertising firms and asso!iations of the Phili##ines, C7ME8EC #romulgated -esolution 9o) -- e #art in or to influen!e in an" manner an" ele!tions) The (&
#rohiited a!ti+e inter+ention of foreigners thereunder ma" !onsist of: aiding an" !andidate, dire!tl" or indire!tl", in an " ele!tion/
(; ta>ing #art ( influen!ing in an" manner an" ele!tion)
in
an "
ele!tion/
and
The C7ME8EC, howe+er, denied the #etitioner1s motion, de!laring .that !ontriutions " foreigners to the C7ME8EC *illoards Committee for the #ur#ose of finan!ing !osts of C7ME8EC illoards are not made in aid or su##ort of an" #arti!ular !andidate in a #arti!ular distri!t and that the allo!ation of s#a!e for its !andidate is allowed " lotter", nor would it in an" wa" influen!e the result of the ele!tion, ))) )e then filed an a##eal with the Court, !ontending that said order of the C7ME8EC is null and +oid as !ontrar" to law or ha+ing een issued in e$!ess of the #owers of the Commission on Ele!tions or in gra+e ause of its dis!retion, and #ra"ing for a writ of #reliminar" as well as #ermanent in?un!tion) 9o restraining order was issued as C7ME8EC itself did not im#lement the said resolution) 3ssue: 5hether or not the term Han" ele!tions,I Hforeigner,I and Han" !andidate/I as well as the terms Haid,I Hta>e #art,I and Hinfluen!e,I as !ontem#lated 3n Se!tion 2 of the -e+ised Ele!tion Code, had other meanings eld: The term Han" ele!tionsI ele!tionsI defin definitel" itel" !om#rehends !om#rehends or a##l a##lies ies to ele!t ele!tion ion of dele delegates gates Constitutio Constitutional nal Con+ention) HForeigner,I on the other hand, refers to oth natural and ?uridi!al #ersons or asso!iations or organized grou#s, as #ro+ided " Se!tion ' of Arti!le of the -e+ised Ele!tion Code, roadening the a##li!ation of the term and not limiting the #rohiition to natural #ersons onl") HAn" !andidateI li>ewise !om#rehends Jsome !andidates1 or Jall !andidates)1 The The terms Haid,I Hto ta>e #art,I and Hinfluen!e,I were also !onstrued in their general sense0 with HaidI referring to to su##ort, to hel#, to assist or to strengthen or to a!t in !oo#eration with/ .to ta>e #art. means to #arti!i#ate or to engage in/ and .influen!e. means to use the #art"s endea+ors, though he ma" not e ale to !arr" his #oint, or to e$ert or ha+e an effe!t on the nature or eha+iour of, or affe!t the a!tion or thought of, or modif"/ or to swa"/ to #ersuade/ to affe!t/ to ha+e an effe!t on the !ondition or de+elo#ment of/ to modif" or a!t u#on #h"si!all", es#e!iall" in some gentle, sutle, or gradual wa"/ or to e$ert or maintain a mental or moral #ower u#on or o+er/ to effe!t or swa" " modifi!ations, feelings or !ondu!t) There is noth nothing ing in the -e+ised Ele!tion Ele!tion Code whi!h im#liedl" or e$#r e$#ressl" essl" #res!ries #res!ries a diff different erent meaning to the aforementioned terms) en!e, the" should e understood in their general sense) There was li>ewise no manifest or e$#ressed intention that the meaning of the words were to e restri!ted or limited) 5here general terms are used, the terms are to e understood in their general meaning, unless it is e$#ressed that the" ha+e a!@uired a s#e!ial and restri!ted meaning) en!e, in this !ase, Hgeneralia +era sunt generaliter intelligendaI a##lies) The illoard !ontriutions ma" not s#e!ifi!all" fa+or a single !andidate, ut the effe!t that all !andidates enefit from the !ontriution amounts to an assistan!e greater than the aid that ma" e gi+en to one !andidate) Allowing su!h undesirale alien influen!e will ine+ital" lead to a !ir!um+ention of the laws #rote!ting our national interest) The #ra!ti!e allegedl" !ondoned " the C7ME8EC in the su?e!t resolutions, therefore, !onstitute a +iolation of the -e+ised Ele!tion Code) The law #enalizing !orru#t ele!tion #ra!ti!es should e gi+en a reasonale !onstru!tion in the interests of the #urit" of the ele!tions)
The resolutions of the Commission on Ele!tions 9os) --0
4. Pa,ric( 5. 7AN vs vs. COM COMEL ELEC EC Fa!ts: This !ase was #rom#ted " the ena!tment of *atas Pamansa *lg) %%, An A!t Creating a 9ew Pro+in!e in the 3sland of 9egros to e >nown as the Pro+in!e of 9egros del 9orte, effe!ti+e De!) , &'%) (Cities of Sila", Cadiz and San Carlos and the muni!i#alities of Calatra+a, Taoso, Es!alante, Saga", Mana#la, i!t !tor oria ias, s, E) E)-) -) Ma Maga galo lona na,, an and d Sa Sal+ l+ad ador or *e *ene nedi di!t !to o #r #ro# o#os osed ed to e elo long ng to th thee ne new w #r #ro+ o+in in!e !e) ) Pursuant to and in im#lementation of this law, the C7ME8EC s!heduled a #leis!ite for =anuar" , &'%2) Petitioners o##osed, filing a !ase for Prohiition and !ontending that the *)P) %% is un!onstitutional and not in !om#lete a!!ord with the 8o!al o+ernment Code e!ause: K The +oters of the #arent #ro+in!e of 9egros 7!!idental, other than those li+ing within the territor" of the new #ro+in!e of 9egros del 9orte, were not in!luded in the #leis!ite) K The area whi!h would !om#rise the new #ro+in!e of 9egros del 9orte would onl" e aout ;,%2)2 s@) >m), whi!h is lesser than the minimum area #res!ried " the go+erning statute, Se!) &'< of 8C) 3ssue: 579 the #leis!ite was legal and !om#lied with the !onstitutional re@uisites of the Consititution, whi!h states sta tes tha thatt G HSe HSe!) !) ) 9o #ro #ro+in +in!e, !e, !it" !it",, mun muni!i i!i#al #alit" it" or ar arrio rio ma" e !re !reate ated, d, di+ di+ide ided, d, mer merge ged, d, aolished, or its oundar" sustantiall" altered e$!e#t in a!!ordan!e with the !riteria estalished in the 8o!al o+ernment Code, and su?e!t to the a##ro+al " a ma?orit" of the +otes in a #leis!ite in the unit or units affe!tedI 97) eld: 5hene+er a #ro+in!e is !reated, di+ided or merged and there is sustantial alteration of the oundaries, Hthe a##ro+al of a ma?orit" of +otes in the #leis!ite in the unit or units affe!tedI must first e otained) The !reation of the #ro#osed new #ro+in!e of 9egros del 9orte will ne!essaril" result in the di+ision and alteration of the e$isting oundaries of 9egros 7!!idental (#arent #ro+in!e) Plain and sim#le logi! will demonstrate that two #oliti!al units would e affe!ted) The first would e the #arent #ro+in!e of 9egros 7!!idental e!ause its oundaries would e sustantiall" altered) The other affe!ted entit" would e !om#osed of those in the area sutra!ted from the mother #ro+in!e to !onstitute the #ro#osed #ro+in!e of 9egros del 9orte) Paredes +s) E$e!uti+e ()-) 9o) 2;% should not e ta>en as a do!trinal or !om#elling #re!edent) -ather, the dissenting +iew of =usti!e Aad Santos is a##li!ale, to wit: HLwhen HLw hen the Con Consti stitut tution ion s#ea>s s#ea>s of Hth Hthee uni unitt or uni units ts af affe! fe!ted tedII it mea means ns all of the #eo#le #eo#le of the muni!i#alit" if the muni!i#alit" is to e di+ided su!h as in the !ase at ar or of the #eo#le of two or more muni!i#alities if there e a merger)I The remaining #ortion of the #arent #ro+in!e is as mu!h an area affe!ted) The sustantial alteration of the oundaries of the #arent #ro+in!e, not to mention the ad+erse e!onomi! effe!ts it might suffer, elo@uentl" elo@uentl"
argue the #oints raised " the SC #ronoun!ed that the #les!ite has no legal effe!t for eing a #atent nullit")
#etitioners)I
6. Ocam)o Ocam)o vs ;o+s ;o+s&& o* R&) R&) El&c,or El&c,oral al 7ri 7ri3+' 3+'al al G.R. NO. 158466 Fa!t Fa!ts: s: 3n Ma" ;BB& ;BB&,, Mari Mario o Cres Cres#o #o,, also also >now >nown n as Mar> Mar> =ime =imene nez, z, was was de!l de!lar ared ed as the the ele! ele!te ted d th Congressman of the 2 Distri!t of Manila) Palo 7!am#o was the ri+al !andidate who filed an ele!toral #rotest in the ouse of -e#resentati+es Ele!toral Triunal (-ET alleging that Cres#o1s win was due to ele!tion fraud and +ote u"ing) 3n Mar!h ;BB, Cres#o was de!lared " the -ET as ineligile for offi!e due to la!> of residen!e in the said distri!t of Manila) Due to su!h de!laration, 7!am#o then re@uested the -ET to de!lare him as the winner of the ele!tion done in ;BB& #ursuant to -e#uli! A!t 9o) 2242 whi!h #ro+ides that HAn" !andidate who has een de!lared " final ?udgment to e dis@ualified shall not e +oted for, for, and the +otes !ast for him shall not e !ountedLI !ountedLI 7!am#o 7!am#o argued that the +otes +otes for Cres#o should then e !onsidered as stra" +otes) And that eing the fa!t that 7!am#o re!ei+ed the se!ond highest numer of +ote (ne$t to Cres#o, with ?ust a margin of <2% +otes, he should e de!lared as the winner of the said ele!tion) The -ET denied 7!am#o1s #etition) #etition)
3SSE: 5hether or not 7!am#o should e de!lared as the winner) E8D: 9o) =uris#ruden!e has long estalished estalished the do!trine that a se!ond #la!er !annot e #ro!laimed the first first among among the the remain remaining ing @ualif @ualified ied !andid !andidate atess in the the e+ent e+ent that that the highes highestt earner earner of +otes +otes is dis@ualified) The fa!t that the !andidate !andidate who otained otained the highest numer numer of +otes is later de!lared de!lared to e dis@ualified or not eligile for the offi!e to whi!h he was ele!ted does not ne!essaril" gi+e the !andidate who otained the se!ond highest numer of +otes the right to e de!lared the winner of the ele!ti+e offi!e) Further, Se!tion 2 of -)A) 9o) 2242 and se!tion <; of the 7mnius Ele!tion Code re@uire a final ?udgment efore the ele!tion for the +otes of a dis@ualified !andidate to e !onsidered Hstra")I Hstra")I en!e, when a !andidate has not "et een dis@ualified " final ?udgment during the Ele!tion Da" and was +oted for, the +otes !ast in his fa+or !annot e de!lared stra") To do so would amount to disenfran!hising the ele!torate in whom so+ereignt" resides) The o+ious rationale ehind the foregoing ruling is that in +oting for a !andidate who has not een dis@ualified " final ?udgment during the ele!tion da", the #eo#le +oted for him ona fide, without an" intention to misa##l" their fran!hise, and in the honest elief that the !andidate was then @ualified to e the #erson to whom the" would entrust the e$er!ise of the #owers of go+ernment)
#. Ga,ch Ga,chalia' alia' v. COMELE COMELEC C G.R. G.R. No. 256 256 22 Oc,o3 Oc,o3&r &r 19# 19#
Fa!ts: Pursuant to the re@uest of the ad+ertising firms and asso!iations of the Phili##ines, C7ME8EC #romulgated -esolution 9o) -- e #art in or to influen!e in an" manner an" ele!tions) The #rohiited a!ti+e inter+ention of foreigners thereunder ma" !onsist of: (& aiding an" !andidate, dire!tl" or indire!tl", in an " ele!tion/ (; ta>ing #art in an " ele!tion/ and ( influen!ing in an" manner an" ele!tion) The C7ME8EC, howe+er, denied the #etitioner1s motion, de!laring .that !ontriutions " foreigners to the C7ME8EC *illoards Committee for the #ur#ose of finan!ing !osts of C7ME8EC illoards are not made in aid or su##ort of an" #arti!ular !andidate in a #arti!ular distri!t and that the allo!ation of s#a!e for its !andidate is allowed " lotter", nor would it in an" wa" influen!e the result of the ele!tion, ))) )e then filed an a##eal with the Court, !ontending that said order of the C7ME8EC is null and +oid as !ontrar" to law or ha+ing een issued in e$!ess of the #owers of the Commission on Ele!tions or in gra+e ause of its dis!retion, and #ra"ing for a writ of #reliminar" as well as #ermanent in?un!tion) 9o restraining order was issued as C7ME8EC itself did not im#lement the said resolution) 3ssue: 5hether or not the term Han" ele!tions,I Hforeigner,I and Han" !andidate/I as well as the terms Haid,I Hta>e #art,I and Hinfluen!e,I as !ontem#lated 3n Se!tion 2 of the -e+ised Ele!tion Code, had other meanings eld: The term Han" ele!tionsI ele!tionsI defin definitel" itel" !om#rehends !om#rehends or a##l a##lies ies to ele!t ele!tion ion of dele delegates gates Constitutio Constitutional nal Con+ention) HForeigner,I on the other hand, refers to oth natural and ?uridi!al #ersons or asso!iations or organized grou#s, as #ro+ided " Se!tion ' of Arti!le of the -e+ised Ele!tion Code, roadening the a##li!ation of the term and not limiting the #rohiition to natural #ersons onl") HAn" !andidateI li>ewise !om#rehends Jsome !andidates1 or Jall !andidates)1 The The terms Haid,I Hto ta>e #art,I and Hinfluen!e,I were also !onstrued in their general sense0 with HaidI referring to to su##ort, to hel#, to assist or to strengthen or to a!t in !oo#eration with/ .to ta>e #art. means to #arti!i#ate or to engage in/ and .influen!e. means to use the #art"s endea+ors, though he ma" not e ale to !arr" his #oint, or to e$ert or ha+e an effe!t on the nature or eha+iour of, or affe!t the a!tion or thought of, or modif"/ or to swa"/ to #ersuade/ to affe!t/ to
ha+e an effe!t on the !ondition or de+elo#ment of/ to modif" or a!t u#on #h"si!all", es#e!iall" in some gentle, sutle, or gradual wa"/ or to e$ert or maintain a mental or moral #ower u#on or o+er/ to effe!t or swa" " modifi!ations, feelings or !ondu!t) There is noth nothing ing in the -e+ised Ele!tion Ele!tion Code whi!h im#liedl" or e$#r e$#ressl" essl" #res!ries #res!ries a diff different erent meaning to the aforementioned terms) en!e, the" should e understood in their general sense) There was li>ewise no manifest or e$#ressed intention that the meaning of the words were to e restri!ted or limited) 5here general terms are used, the terms are to e understood in their general meaning, unless it is e$#ressed that the" ha+e a!@uired a s#e!ial and restri!ted meaning) en!e, in this !ase, Hgeneralia +era sunt generaliter intelligendaI a##lies) The illoard !ontriutions ma" not s#e!ifi!all" fa+or a single !andidate, ut the effe!t that all !andidates enefit from the !ontriution amounts to an assistan!e greater than the aid that ma" e gi+en to one !andidate) Allowing su!h undesirale alien influen!e will ine+ital" lead to a !ir!um+ention of the laws #rote!ting our national interest) The #ra!ti!e allegedl" !ondoned " the C7ME8EC in the su?e!t resolutions, therefore, !onstitute a +iolation of the -e+ised Ele!tion Code) The law #enalizing !orru#t ele!tion #ra!ti!es should e gi+en a reasonale !onstru!tion in the interests of the #urit" of the ele!tions) The resolutions of the Commission on Ele!tions 9os) --0
Cha#ter &
1. o'03o'0 2. Ro- G . AC ACN7O N7O MAPP MAPPALA ALA vs. U%GE CR" CR"PULO PULO A. NUen from his #erson within the #re!in!t ut was not ta>en ) ) ) more than B meters awa" from the #re!in!tI) Furthermore, he !laimed that what the law !onsidered as a !rime was the .!arr"ing of firearms within (B or &BB meters awa" from the #re!in!t) The firearm was not ta>en from the a!!used within the B or &BB meters distan!e from the #re!in!t e!ause in truth and in fa!t the said firearm was surrendered " the a!!used two (; da"s after the ele!tions) The mista>e in the distan!e is merel" a !leri!al error) *ut e it B
meters or &BB meters, still the a!!used !ould not e !on+i!ted under the said #ro+ision, s#e!ifi!all" Se!tion ;2&, Suse!tion (# of Arti!le 33 of the 7mnius ele!tion Code.) 3SSE: 579 res#ondent =udge erred in a!@uitting Ale?andro Ale?andro of +iolation of the Ele!tion law) E8D: -es#ondent a!@uitted Ale?andro Angoluan of +iolation of Se!tion ;2& (# of the 7mnius Ele!tion Code whi!h #ro+ides that: Deadl" wea#ons) G An" #erson who !arries an" deadl" wea#on in the #olling #la!e and within a radius of one hundred meters thereof during the da"s and hours fi$ed " law for the registration of +oters in the #olling #la!e, +oting, +oting, !ounting of +otes, +otes, or #re#aration of the ele!tion ele!tion returns) owe+er, owe+er, in !ases of affra", affra", turmoil, or disorder, an" #ea!e offi!er or #uli! offi!er authorized " the Commission to su#er+ise the ele!tion is entitled to !arr" firearms or an" other wea#on for the #ur#ose of #reser+ing and enfor!ing the law) 3n his de!ision, res#ondent found that Ale?andro Ale?andro shot !om#lainant herein inside Pre!in!t 9o) ; during the aranga" ele!tions) -es#ondent also found that Ale?and Ale?andro ro was the one who surrendered the gun) To res#ondent, the surrender of the wea#on was an im#lied admission that it was the one used " Ale?andro in shooting !om#lainant) 3ns#ite of all these findings, res#ondent a!@uitted Ale?andro Ale?andro of illegall" !arr"ing a deadl" wea#on inside a #re!in!t on the theor" that the gun was not seized from him while he was the #re!in!t) To su##ort a !on+i!tion under Se!tion ;2&(# of the 7mnius ele!tion Code, it is not ne!essar" that the deadl" wea#on should ha+e een seized from the a!!used while he was in the #re!in!t or within a radius of &BB meters therefrom) 3t is enough that the a!!used !arried the deadl" wea#on .in the #olling #la!e and within a radius radius of one hundred meters thereof. thereof. during an" of the s#e!ified s#e!ified da"s and hours) After res#ondent himself had found that the #rose!ution had estalished these fa!ts, it is diffi!ult to understand wh" he a!@uitted Ale?andro Ale?andro of the !harge of +iolation of Se!tion ;2&(# of the 7mnius ele!tion Code)
4. PEOPLE O: 7;E P;LPP P;LPPNE" NE" vs. ;ON. ;ON. =L:RE%O =L:RE%O %. %. RE!E". RE!E". FACTS: -es#ondent *uena+entura C) Maniego, Colle!tor of Customs, Colle!tion Distri!t 33, *ureau of Customs, Manila 3nternational Container Port (M3CP, issued M3CP Customs Personnel 7rder 9o) ;&0'; dated =anuar" &B, &''; assigning =o+en!io D) Eio, Customs 7#eration Chief, M3CP to the 7ffi!e of the De#ut" Colle!tor of Customs for 7#erations as S#e!ial Assistant) The a!tual transfer of Eio was made on =anuar" &4, &'';) Eio filed with the Commission on Ele!tions (C7ME8EC a letter0!om#laint #rotesting his transfer) Eio !laimed that his new assignment +iolated C7ME8EC -esolution 9o) ; and se!tion ;2& (h of *)P) *lg) %%&, the 7mnius Ele!tion Code, whi!h #rohiit the transfer of an" e m#lo"ee in the !i+il ser+i!e &;B da"s efore the Ma" &&, &''; s"n!hronized national and lo!al ele!tions)
After a #reliminar" in+estigation, the C7ME8EC filed an 3nformation with the -egional Trial Court !harging res#ondent res#ondent Maniego with a +iolation of Se!tion ;2& (h of *) P) *lg) %%&) *efore the arraignment, res#ondent Maniego mo+ed to @uash the information on the ground that the fa!ts alleged do not !onstitute an offense) e !ontended that the transfer of Eio on =anuar" &4, &''; did not +iolate *)P) *lg) %%& e!ause on that date the a!t was not "et #unishale as an ele!tion offense) 3t #ur#ortedl" e!ame #unishale onl" on =anuar" &, &'';, the date of effe!ti+it" of C7ME8EC -esolution 9o) ; im#lementing Se!tion ;2& (h of *)P) *lg) %%&) Petitioner, through the C7ME8EC, o##osed the motion to @uash) 7n Se#temer ;, &'', the trial !ourt granted #ri+ate res#ondents motion to @uash and dismissed Criminal Case 9o) '0&;B;<)
3SSE: 5hether Maniego is liale for an ele!tion offense under Se!tion ;2& (h of *)P) *lg) %%&) E8D: 3t ought to e immediatel" o+ious that Se!tion ;2& (h of *)P) *lg) %%& does not #er se outlaw the transf transfer er of a go+ern go+ernmen mentt offi!e offi!err or em#lo" em#lo"ee ee during during the the ele!ti ele!tion on #eriod #eriod)) The The transf transfer er or detai detaill of go+ernment offi!er or em#lo"ee will not e #enalized " Se!tion ;2& (h of *)P) *lg) %%& if done to #romote effi!ien!" in the go+ernment ser+i!e) en!e, Se!tion ; of -esolution 9o) ; #ro+ides that the C7ME8EC has to #ass u#on the reason for the #ro#osed transfer or detail) Pres!inding from this #redi!ate, two (; elements must e estalished to #ro+e a +iolation of Se!tion ;2& (h of *)P) *lg) %%&, +iz: (& The fa!t of transfer or detail of a #uli! offi!er or em#lo"ee within the ele!tion #eriod as fi$ed " the C7ME8EC, and (; the transfer or detail was effe!ted without #rior a##ro+al of the C7ME8EC in a!!ordan!e with its im#lementing rules and regulations) 3n the !ase at en!h, res#ondent Maniego transferred Eio, then the Customs 7#eration Chief, M3CP to the 7ffi!e of the De#ut" Colle!tor of Customs for 7#erations as S#e!ial Assistant on =anuar" &4, &'';) 7n this date, =anuar" &4, &'';, the ele!tion #eriod for the Ma" &&, &''; s"n!hronized ele!tions had alread" een fi$ed to !ommen!e =anuar" &;, &''; until =une &B, &'';) As aforestated, this ele!tion #eriod had een determined " the C7ME8EC in its -esolution 9o) ;&4 dated 9o+emer ;B, &''& and -esolution 9o) ;;% =anuar" ;, &'';) 9onetheless, it was onl" in -esolution 9o) ; whi!h too> effe!t on =anuar" &, &''; that C7ME8EC #romulgated the ne!essar" rules on how to get its a##ro+al on the transfer or detail of #uli! offi!ers or e m#lo"ees during the ele!tion #eriod) *efore the effe!ti+it" of these rules, it !annot e said that Se!tion ;2& (h of *)P) *lg) %%&, a #enal #ro+ision, was alread" enfor!eale) 9eedless to state, res#ondent Maniego !ould not e !harged with failing to se!ure the a##ro+al of the C7ME8EC when he transferred Eio on =anuar" &4, &''; as on that da", the rules of the C7ME8EC on the su?e!t were "et in e$istent)
5. %E E"U E"U" " vs. vs. PEOPLE PEOPLE O: 7;E P; P;LP LPPN PNE" E" Fa!ts: After the lo!al ele!tions of =anuar" &%, &'%B, Ananias io, defeated !andidate of the 9a!ionalista Part" for the offi!e of ma"or of the Muni!i#alit" of Casiguran, Sorsogon filed with the C7ME8EC a !om#laint !harging #etitioner -ogelio de =esus, then C7ME8EC registrar of Casiguran, with +iolation of the &'<% Ele!tion Code) Asst) Fis!als Manuel eno+a and Delfin Tarog, in their !a#a!it" as de#utized Tanoda"an Ta noda"an #rose!utors, !ondu!ted an in+estigation) A #rima fa!ie !ase against #etitioner for +iolation of se!tion %' and su0se!tions N$O and NmmO of Se!tion&<% of the Ele!tion Code of &'<% was found to e$ist) The following information, was filed efore the Sandigana"an)Petitioner filed a motion to @uash the inform inf ormati ation, on, !on !onten tendin ding g tha thatt ne neith ither er the Tan anod oda"a a"an n nor the San Sandig digan ana"a a"an n has the aut autho horit rit" " to in+estigate, #rose!ute and tr" the offense) 3n its o##osition, the #rose!ution maintained the Tanoda"an1s e$!lusi+e authorit" to in+estigate and #rose!ute offenses !ommitted " #uli! offi!ers and em#lo"ees in relation to their offi!e, and !onse@uentl", the Sandigana"an1s ?urisdi!tion to tr" and de!ide the !harges against #etitioner) 3ssue: 5hether or not the Tanoda"an and the Sandigana"an ha+e the #ower to in+estigate, #rose!ute, and tr" ele!tion offenses !ommitted " a #uli! offi!er in relation to his offi!e) eld: The e+ident !onstitutional intendment in estowing the #ower to enfor!e and administer all laws relati+e to the !ondu!t of ele!tion and the !on!omitant authorit" to in+estigate and #rose!ute ele!tion offenses to the C7ME8EC is to insure the free,orderl" and honest !ondu!t of ele!tions, failure of whi!h would result in the frustration of the true will of the #eo#le and ma>e a mere idle !eremon" of the sa!red right andd ut" of e+er" @ualified !itizen to +ote) To di+est the C7ME8EC of the authorit" to in+estigate and #rose!ute offenses !ommitted " #uli! offi!ials in relation to their offi!e would thus seriousl" im#air its eff effe!t e!ti+e i+enes nesss in a!h a!hie+ ie+ing ing thi thiss !le !lear ar !on !onsti stitut tution ional al man mandat date)F e)From rom a !ar !arefu efull s!r s!ruti utin" n" of th thee !onstitutional #ro+isions relied u#on " the Sandigana"an, 5e #er!ei+e neither e$#li!it nor im#li!it grant to it and its #rose!uting arm, the Tanoda"an, of the authorit" to in+estigate, #rose!ute and hear ele!tion offenses !ommitted " #uli! offi!ers in relation to their offi!e, as !ontradistinguished from the !lear and !ategori!al estowal of said authorit" and ?urisdi!tion u#on the C7ME8EC and the !ourts of first instan!e under Se!tions &%;and &%4, res#e!ti+el" res#e!ti+el",, of the Ele!tion Code of &'<%) 2) Mi!hi
