November 2009 - Philippine Supreme Court Resolutions
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[G.R.No. 188308 : November 17, 2009] JOSELITO R. MENDOZA,PETITIONER, V, COMMISSION ON ELECTIONS AND ROBERTO M. PAGDANGANAN, RESPONDENTS :
[G.R.No. 188308 : November 17, 2009]
JOSELITO R. MENDOZA,PETITIONER, V, COMMISSION ON ELECTIONS AND ROBERTO M. PAGDANGANAN, RESPONDENTS
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of the Court En Banc dated November 17, 2009
"G.R.No. 188308 - JOSELITO R. MENDOZA, petitioner, v, COMMISSION ON ELECTIONS AND ROBERTO M. PAGDANGANAN, respondents.
This resolves the motion filed by petitioner Joselito R. Mendoza for the reconsideration of our Decision of October 15, 2009 dismissing the petition in caption. The petitioner anchors his motion on what he describes as ''urgent doctrinal and Transcendental" reasons relating to the power the COMELEC exercises in resolving provincial election contests. Essentially, these are due process grounds presented to support the petitioner's view that after completion of the revision of ballots and submission of the case for resolution, he is entitled to notice and hearing as the COMELEC proceeds to examine the evidence and deliberate on the case.
We have fully passed upon these arguments and positions in our Decision. The most fundamental standards of due process, whether judicial or quasi-judicial, will not change the rule that after a case is submitted for resolution, the parties have been given their day through proper notice and hearing, and the deliberative decision-making stage will solely involve the decision-maker to the exclusion of the parties. In short, he has no business in the COMELEC's deliberation on the merits of the provincial election contest, as the demands of due process have been fully satisfied in this case. This reality is not and cannot be changed by arguments that the COMELEC exercises judicial power - an argument that we discussed at length in our Decision, and which we need not further belabor at this point,
WHEREFORE, premises considered, we DENY the motion with finality for lack of merit. No further pleadings shall be entertained. Let entry of judgment be made in due course."
Corona, Velasco, Jr., and Peralta, JJ., on official leave,
"G.R.No. 188308 - JOSELITO R. MENDOZA, petitioner, v, COMMISSION ON ELECTIONS AND ROBERTO M. PAGDANGANAN, respondents.
This resolves the motion filed by petitioner Joselito R. Mendoza for the reconsideration of our Decision of October 15, 2009 dismissing the petition in caption. The petitioner anchors his motion on what he describes as ''urgent doctrinal and Transcendental" reasons relating to the power the COMELEC exercises in resolving provincial election contests. Essentially, these are due process grounds presented to support the petitioner's view that after completion of the revision of ballots and submission of the case for resolution, he is entitled to notice and hearing as the COMELEC proceeds to examine the evidence and deliberate on the case.
We have fully passed upon these arguments and positions in our Decision. The most fundamental standards of due process, whether judicial or quasi-judicial, will not change the rule that after a case is submitted for resolution, the parties have been given their day through proper notice and hearing, and the deliberative decision-making stage will solely involve the decision-maker to the exclusion of the parties. In short, he has no business in the COMELEC's deliberation on the merits of the provincial election contest, as the demands of due process have been fully satisfied in this case. This reality is not and cannot be changed by arguments that the COMELEC exercises judicial power - an argument that we discussed at length in our Decision, and which we need not further belabor at this point,
WHEREFORE, premises considered, we DENY the motion with finality for lack of merit. No further pleadings shall be entertained. Let entry of judgment be made in due course."
Corona, Velasco, Jr., and Peralta, JJ., on official leave,
Very truly yours.
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court
