[G.R. No. 142504.April 13, 2000]

MAYOR CLAUDIO vs. COMELEC, et al.

EN BANC

Gentlemen:

Quoted hereunder, for your Information, is a resolution of this Court dated APR 13 2000.

G.R. No. 142504(Mayor Jovito O. Claudio vs. Commission on Elections, Department of Budget and Management (DBM) and the Preparatory Recall Assembly of Pas�y City, represented by its Chairman Richard Advincula.)

At the hearing of this case this afternoon, Attys. Pete Quirino-Quadra and Sixto Brillantes, Jr. appeared for petitioner Mayor Jovito. O. Claudio, with Atty. Pete Quirino-Quadra arguing. Solicitor General Ricardo P. Galvez and Solicitor Reynaldo L. Saludares appeared for public respondent Department of Budget and Management, while Attys. Jose P.. Balbuena and Joselyn Demesa appeared for public respondent Commission on Elections, with Solicitor General Ricardo P. Galvez arguing. Attys. Hector Danny D. Uy and Jose Allan N. Maglasang appeared for respondent Preparatory Recall Assembly of Pasay City.

Considering the allegations of the petition for certiorari and prohibition filed by Mayor Jovito O. Claudio and the comments of respondents, as well as the arguments of the parties at the hearing this afternoon, the Court Resolved to DISMISS the petition (1) for failure of petitioner to show that the expenses for the holding of the recall election for Mayor of Pasay City on 15 April 2000 are to be taken from the amount of P74,359,056.01 alleged to have been released to the COMELEC from the President's contingency fund since it appears that the COMELEC has savings in the amount of P43 million from its appropriation for the calendar year 1999 for the holding of an election in Region VII from which the recall election in Pasay City can possibly be funded, and (2) for having been filed in violation of the rule on omnibus pleadings since the announcement that the COMELEC will fund the recall election in Pasay City out of savings from its P74 million releases was made as early as 28 February 2000 and given wide publicity in the media (See Malaya, p. 2, March 10, 2000; Manila Times, p. 4, March 18, 2000; Malaya, p. 2, March 19, 2000: Today p. 1, March 23, 2000) and, therefore, the validity of the appropriation for the recall election in question could have been raised in issue by petitioner."

Very truly yours,

(Sgd.) LUZVIMINDA D. PUNO

Clerk of Court����������


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