1 Penned by Commissioner Julio F. Desamito.
2 Penned by Commissioner Teresita Dy-Liacco Flores.
3 Petition, 12; Rollo, 15.
4 Petition for Disqualification, 5; Rollo, 66.
5 Rollo, 115.
6 Annex D of Petition for Disqualification; Rollo, 73.
7 See Joint Affidavit of Anita Mallillin and Estela Posadas, Affidavit of Carlito F. Faminial, Annexes G and H, Petition for Disqualification; Rollo, 74-75.
8 Portions of the Resolution of the COMELEC, First Division, which make reference to the said misleading statements read:
The petitioner xxx said in par. 10 of his petition that:
10. Attached hereto as Annex E is the video cassette taken by the above-named cameraman wherein the events of the above-named affair including the speech abovequoted of Mayor Benjamin Abalos, Sr. and the repeated playing of the song SHA LALA LALA with lyrics in Tagalog exhorting the electorate to vote for respondent in the May 11, 1998 elections. (Emphasis supplied)
We note that as far as Annex E is concerned, the petitioner thru his counsel Atty. Romulo Felizmea who prepared the petition, tried to MISLEAD this Commission by the use of the words Annex E is the video cassette taken by the above-named cameraman.
There is NO cameraman mentioned in any of the paragraphs of the petition.
xxx (W)hen we viewed and examined the video cassette marked Annex E, it appeared that petitioner and his counsel who prepared the petition once again tried to MISLEAD Us. Petitioner claims that this was part of the speech of Mayor Abalos, Sr., to wit:
Your President, together with Benhur [private respondent]. Walang tigil yan kakapunta sa akin at not because he is my son siya ay nakikiusap sa kanila and came up with beautiful compromise. xxx
But instead of the name Benhur, what We heard was a name which sounded like Lito Motivo, a name which sounded very much different from the name Benhur.
Likewise, We note another MISLEADING statement of petitioner thru his counsel who prepared the petition. Par. 12 of the petition reads:
12. Attached hereto as Annex G is the joint affidavit of Anita Mallillin and Estela Posadas, all public school teachers of Mandaluyong City and as Annex H is the affidavit of Carlito F. Familial, also a public school teacher of Mandaluyong City. All these three (3) public school teachers served as members of the Board of Election Inspectors of Mandaluyong City in the May 11, 1998 elections. All stated that they received before the May 11, 1998 elections the extra amount of P1,500 representing 50 percent of the amount offered by Mayor Benjamin Abalos, Sr. in conspiracy with and upon the prodding of respondent. The violation of Sec. 68 of the Omnibus Election Code by respondent as co-principal of his father Mayor Benjamin Abalos, Sr. is now consummated.
[The full text of Annexes G and H were thereafter quoted.]
Note that there was NO statement by affiants that said allowances were offered by Mayor Benjamin Abalos, Sr. in conspiracy with and upon the prodding of respondent.
We admonish petitioner and his counsel for trying to MISLEAD this Commission (First Division) by making several false and untruthful statements in the petition designed to influence Us into favoring their cause. These actuations of petitioner and his counsel shall be noted by this Commission and any other similar actuations committed by them shall be dealt with more severely by this Commission.
9 Petition, 24-25; Rollo, 27-28.
10 Ibid., 26; Ibid., 29.
11 Docketed as E.O. No. 98-110. Filed with the COMELEC Law Department, and naming Benjamin Abalos, Jr., Benjamin Abalos, Sr., Eden Diaz, Romeo Zapanta and Alfredo de Vera as defendants.
12 Election Protest Case No. 98-34.
13 Sec. 5, Rule 7, Revised Rules of Court; Administrative Circular No. 04-94.
14 Sunga v. Commission on Elections, 288 SCRA 76.
16 Strictly speaking, December 28, 1998, since December 27, 1998 is a Sunday.
17 National Semiconductor (HK) Distribution, Ltd. v. National Labor Relations Commission, 291 SCRA 348; Navarro III v. Damaso, 246 SCRA 260.
18 166 SCRA 316.
19 G.R. No. 133840, November 13, 1998.
20 Salonga v. Court of Appeals, 269 SCRA 534; Rodriguez v. Project 6 Market Service, 247 SCRA 528.
21 Sec. 98, Local Government Code.
22 Resolution of COMELEC First Division, 4; Rollo, 42.
24 Petition, 28; Rollo, 31.
25 Sec. 1, Rule 131, Revised Rules of Court.
26 Annex J of Petition; Rollo, 138; Annex H of Comment to Petition; Rollo, 187.
27 The Joint Circular was directed to Governors, Mayors, Superintendents, and District Supervisors of Schools, Members of the Local School Boards and Other National and Local Government Officials Concerned and authorized the payment of existing allowances of teachers granted by local government units (LGUs) chargeable against the Special Education Funds (SEFs) as of 31 December 1997, provided that any additional allowances that may be granted to teachers by LGUs shall be charged to the general funds of LGUs, subject to existing budgeting rules and regulations.
28 Nolasco v. COMELEC, 275 SCRA 762; Lozano v. Yorac, 203 SCRA 256; Apex Mining Co., Inc. v. Garcia, 199 SCRA 278.