ChanRobles Virtual law Library

[ G.R. No. 142588. May 3, 2000]

LETICIA R. MACARIOLA vs. COMELEC, et al.

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated MAY 3 2000.

G.R. No. 142588 (Leticia R. Macariola vs. Commission on Elections, the Preparatory Recall of Sta. Rita, Samar, represented by its Hon. Presiding Officer, Daniel Aboga III, Hon. Benjamin Diokno, in his capacity as the Secretary of Budget and Management, and Hon. Leonor Magtolis-Briones, in her capacity as the Treasurer of the Philippines.)

G.R. No. 142550 (Bernardo G. Tagarao vs. Commission on Elections, Preparatory Recall Assembly of Lucena City, represented by its Presiding Officer, Donato A. Rodas, Hon. Benjamin Diokno, in his capacity as the Secretary of Budget and Management, and Hon. Leonor Magtolis-Briones, in her capacity as the Treasurer of the Philippines.)

Acting on the pleadings submitted before it, the Court Resolved to CONSOLIDATE these two cases because they raise common questions, and further Resolved to DISMISS them on the ground that they fail to show that the needed funds for the recall elections would be taken from the President's contingency fund. On the contrary, the Comelec, through the Office of the Solicitor General, avers that "it has a saving of P45 Million from its general appropriations and from which it will disburse funds for the Recall Elections to avoid any controversy and so as not to frustrate the will of the voters in places where Recall Elections will be held." (Comelec's Comments in GR No. 142550, p. 6 and GR No. 142588, pp. 5-6.) Accordingly, the legality or constitutionally of the funds to be used in the recall elections is already moot and academic.

SO ORDERED.

Melo, Kapunan, and Purisima, JJ., on leave.

Very truly yours,

(Sgd.) LUZVIMINDA D. PUNO

Clerk of Court

Back to Home | Back to Main

CLICK HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE