October 2009 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence
G.R. No. 158734 - Roberto Alba'a, et al. v. Pio Jude Belo, et al.
EN BANC
[G.R. NO. 158734 : October 2, 2009]
ROBERTO ALBA�A, KATHERINE BELO, GENEROSO DERRAMAS, VICENTE DURAN, RICARDO ARAQUE, MERLINDA DEGALA, GABRIEL ARANAS, ERNESTO BITOON and JUVIC DESLATE, Petitioners, v. PIO JUDE S. BELO, RODOLFO DEOCAMPO and LORENCITO DIAZ, Respondents.
D E C I S I O N
LEONARDO-DE CASTRO, J.:
The instant Petition for Review on Certiorari which was filed under Rule 45 of the Rules of Court in relation to Rule 371 of the Commission on Elections (COMELEC) Rules of Procedure seeks to set aside and annul the Resolution2 dated February 28, 2003 of the COMELEC En Banc in Election Offence (EO) Case No. 01-111, as well as the Resolution3 dated June 3, 2003 denying petitioners' motion for reconsideration.
The above-mentioned COMELEC resolution found probable cause against petitioners for election offense, specifically for violation of Section 261(a) and (e) of the Omnibus Election Code4 in relation to Sections 28 and 68 of Republic Act No. 6646,5 respectively. The said resolution directed the filing of the necessary Information before a competent court. It also found basis to disqualify petitioners and ordered the assignment of the disqualification case to a COMELEC division.
At the outset, it must be stated that the instant case is related to Alba�a v. Commission on Elections6 decided by this Court on July 23, 2004. The case involved exactly the same set of facts and issues as in this case, except that what was challenged therein was the October 21, 2003 Resolution of the COMELEC, which annulled the proclamation of petitioners as the duly elected municipal officials of Panitan, Capiz during the May 14, 2001 elections. In the said case, this Court nullified and set aside the October 21, 2003 COMELEC Resolution and consequently, the proclamation of respondents as the elected Mayor, Vice-Mayor and Member of the Sangguniang Bayan (SB) was likewise nullified and set aside.
The facts of the case, as found in Alba�a v. Commission on Elections, are as follows:
During the May 14, 2001 elections, the petitioners and private respondents ran for the positions of Mayor, Vice-Mayor and Members of the Sangguniang Bayan in the Municipality of Panitan, Capiz. On May 18, 2001, the petitioners were duly elected and proclaimed winners to the following positions:
(a) Roberto Alba�a - Mayor
(b) Katherine Belo - Vice-Mayor
(c) Generoso Derramas - Member of the Sang[g]uniang Bayan (SB)
(d) Vicente Duran - Member of the SB
(e) Ricardo Araque - Member of the SB
(f) Lilia Aranas - Member of the SB
(g) Merlinda Degala - Member of the SB
(h) Gabriel Aranas - Member of the SB
(i) Ernesto Bito-on - Member of the SB
(j) Juvic Deslate - Member of the SB7
On June 23, 2001, the private respondents filed a complaint against the petitioners with the COMELEC Law Department, alleging that the latter committed acts of terrorism punishable by Section 261(e) of the Omnibus Election Code, and engaged in vote-buying, punishable under Section 261(a) of the Omnibus Election Code. The private respondents prayed that the petitioners be charged of the said crimes and disqualified from holding office under Section 68 of the said Code, and Section 6 of Republic Act No. 6646. The case was docketed as Election Offense Case No. 01-111.
The Law Department of the COMELEC found a prima facie case and issued a Resolution on January 15, 2002, recommending the filing of an Information against the petitioners for violation of Sections 261(e) and (a) of the Omnibus Election Code, in relation to Section 28 of Republic Act No. 6646. It, likewise, recommended the disqualification of all the petitioners from further holding office, and the reconvening of the Municipal Board of Canvassers (MBC) in order to proclaim the qualified candidates who obtained the highest number of votes.
Acting on the said resolution, the COMELEC En Banc issued, on February 28, 2003, a Resolution directing its Law Department to file the appropriate Information against the petitioners for violation of Section 261(e) of the Omnibus Election Code and directing the Clerk of the Commission to docket the electoral aspect of the complaint as a disqualification case. The dispositive portion reads:
IN VIEW OF THE FOREGOING, We DIRECT the LAW DEPARTMENT to FILE THE NECESSARY INFORMATION against ROBERTO ALBA�A, KATHERINE BELO, GENEROSO DERRAMAS, VICENTE DURAN, RICARDO ARAQUE, LILIA ARANAS, MERLINDA DEGALA, GABRIEL ARANAS, ERNESTO BITO-ON and JUVIC DESLATE before a court of competent jurisdiction.
The Clerk of the Commission is likewise directed to docket the electoral aspect of the complaint as a disqualification case and immediately assign the same to a division which shall resolve the case on the basis of the recommendation of the Law Department.
The petitioners filed a motion for reconsideration thereon, alleging that the COMELEC did not make any findings of fact in its resolution, and that there was even no disquisition as to the merits of the affidavits of their witnesses and the evidence presented by them. The petitioners also alleged that the COMELEC erred in ordering the docketing of the electoral aspect of the complaint, in light of Section 2 of COMELEC Resolution No. 2050.
On June 3, 2003, the COMELEC issued a Resolution denying the said motion for lack of merit and for having been filed out of time. The Clerk of the Commission docketed the disqualification case against the petitioners as SPA No. 03-006
One October 21, 2003, the COMELEC First Division rendered the assailed resolution in SPA No. 03-006 annulling the petitioners' proclamation on the ground that they violated Section 261(a) and (e) of the Omnibus Election Code, and directing the election officer of Panitan to constitute a new municipal board of canvassers, thus:
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