3/18/2020 G.R. No. 230249, April 24, 2018 - ATTY. PABLO B. FRANCISCO, Petitioner, v. COMMISSION ON ELECTIONS AND ATTY.

ND ATTY. JOHNIELLE KEITH…

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April 2018 Decisions > G.R. No. 230249, April 24, 2018 -
ChanRobles On-Line ATTY. PABLO B. FRANCISCO, Petitioner, v. COMMISSION
Bar Review ON ELECTIONS AND ATTY. JOHNIELLE KEITH P. NIETO,
Respondents.:

G.R. No. 230249, April 24, 2018 - ATTY. PABLO B.

FRANCISCO, Petitioner, v. COMMISSION ON ELECTIONS
AND ATTY. JOHNIELLE KEITH P. NIETO, Respondents.

EN BANC

G.R. No. 230249, April 24, 2018

ATTY. PABLO B. FRANCISCO, Petitioner, v.

COMMISSION ON ELECTIONS AND ATTY.
April-2018
JOHNIELLE KEITH P. NIETO, Respondents.
Jurisprudence

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3/18/2020 G.R. No. 230249, April 24, 2018 - ATTY. PABLO B. FRANCISCO, Petitioner, v. COMMISSION ON ELECTIONS AND ATTY. JOHNIELLE KEITH…

DECISION

VELASCO JR., J.:

A.C. No. 9676,
April 02, 2018 - IN Nature of the Case
RE: DECISION DATED
SEPTEMBER 26, 2012 This treats of the petition for certiorari under Rule 64, in
IN OMB-M-A-10-023- relation to Rule 65, of the Rules of Court filed by Atty.
A, ETC. AGAINST Pablo B. Francisco (Francisco), which seeks to nullify the
ATTY. ROBELITO* B. February 2, 2017 Resolution1 of the public respondent
DIUYAN
Commission on Elections (COMELEC) En Banc. The
assailed ruling dismissed Francisco's Petition for
G.R. No. 215305, Disqualification against private respondent Atty. Johnielle
April 03, 2018 -
Keith P. Nieto (Nieto).
MARCELO G.
SALUDAY, Petitioner, The Facts
v. PEOPLE OF THE
PHILIPPINES, Francisco is a registered voter in Cainta, Rizal, while
Respondent.
Nieto was elected as mayor of the same municipality in
2013. Nieto filed a certificate of candidacy (COC) to
A.M. No. MTJ-18- signify his bid for re-election for the 2016 National and
1911 (formerly A.M.
Local Elections.
No. 17-08-98-MTC),
April 16, 2018 - On April 8, 2016, Francisco filed before the COMELEC a
OFFICE OF THE Petition for Disqualification against Nieto, docketed as
COURT SPA 16-062(DC), alleging that on April 1-2, 2016,
ADMINISTRATOR, respondent made financial contributions out of the
Complainant, v. government coffers for the asphalt-paving of the road
WALTER INOCENCIO entrance along Imelda Avenue of Cainta Green Park
V. ARREZA, JUDGE, Village. This, according to petitioner, amounted to the
MUNICIPAL TRIAL expending of public funds within forty-five (45) days
COURT, PITOGO, before the 2016 polls and to illegal contributions for road
QUEZON, Respondent.
repairs, respectively punishable under Sees. 261(v)2 and

1043 of Batas Pambansa Blg. 881, otherwise known as

G.R. No. 218703,
the Omnibus Election Code (OEC). Petitioner further
April 23, 2018 -
claimed that the said asphalt paving was one of the
PEOPLE OF THE
accomplishments that respondent reported on his
PHILIPPINES, Plaintiff-
Facebook page.
Appellee, v. ANTONIO

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3/18/2020 G.R. No. 230249, April 24, 2018 - ATTY. PABLO B. FRANCISCO, Petitioner, v. COMMISSION ON ELECTIONS AND ATTY. JOHNIELLE KEITH…

LLAMERA Y ATIENZA, In his Answer filed on April 22, 2016, Nieto countered
Accused-Appellant. that the questioned asphalting project was subjected to
public bidding on March 15, 2016, with a Notice of Award
G.R. No. 230751, issued on March 21, 2016. Thus, the asphalting project
April 25, 2018 - falls within the excepted public works mentioned in Sec.
ESTRELLITA TADEO- 261(v)(l)(b) of the OEC.
MATIAS, Petitioner, v.
REPUBLIC OF THE During the preliminary conference on May 5, 2016, the
PHILIPPINES, counsels for the parties marked their respective pieces of
Respondent. evidence. Thereafter, an Order was issued giving them
ten (10) days to file their respective memoranda. The
G.R. No. 212866, COMELEC would receive copies of the memoranda on
April 23, 2018 - May 16, 2016 and, thereafter, the case was deemed
SPOUSES submitted for resolution. In the interim, Nieto would be
FREDESWINDA re-elected as municipal mayor of Cainta, Rizal, having
DRILON YBIOSA AND garnered the plurality of votes upon the conclusion of the
ALFREDO YBIOSA, 2016 polls.
Petitioners, v.
INOCENCIO DRILON, Ruling of the COMELEC
Respondent.
On August 16, 2016, the COMELEC Second Division
G.R. No. 215387, promulgated a Resolution4 dismissing the Petition for
April 23, 2018 - Disqualification against Nieto, and ruled in the following
NORTHERN wise:
MINDANAO
INDUSTRIAL PORT From the foregoing, it is clear that a

AND SERVICES candidate cannot be disqualified without a

CORPORATION, prior finding that he or she is suffering from a

Petitioner, v. ILIGAN disqualification provided by law or the

CEMENT Constitution. To be sure, in order to disqualify

CORPORATION, a candidate there must be a declaration by a

final judgment of a competent court that the
Respondent.
candidate sought to be disqualified is guilty of

G.R. No. 221029, or found by the Commission to be suffering

from any disqualification provided by law or
April 24, 2018 -
the Constitution.
REPUBLIC OF THE
PHILIPPINES,
In the instant case, this Commission (Second
Petitioner, v.
Division) finds no such prior declaration by a

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MARELYN TANEDO final judgment of a competent court or of a

MANALO, Respondent. finding of the Commission that Respondent is
guilty of the acts complained of Whether or
G.R. No. 218255, not the Respondent is guilty of the alleged
April 11, 2018 - acts is a prejudicial question which should be
PEOPLE OF THE determined first in a proper proceedings (sic)
PHILIPPINES, Plaintiff- before a tribunal with competent jurisdiction.
Appellee, v. JERRY In the absence of such prior finding of a
BUGNA Y BRITANICO, competent tribunal, the Commission has no
Accused-Appellants. basis to disqualify Respondent. That said, the
case must be dismissed.
G.R. No. 203435,
April 11, 2018 - WHEREFORE, premises considered, the
PEOPLE OF THE instant Petition is DISMISSED.
PHILIPPINES, Plaintiff-
Appellee, v. MARDY SO ORDERED.5
AQUINO, MARIO
AQUINO, RECTO The COMELEC Second Division anchored its ruling on the
Court's landmark decision in Poe-Llamanzares v.
AQUINO, INYONG
NARVANTE, ROMY COMELEC6 (Poe) wherein the Court enunciated thusly:
FERNANDEZ, FELIX
Clearly, the amendment done in 2012 is an
SAPLAN, BONIFACIO
acceptance of the reality of absence of an
CAGUIOA AND
authorized proceeding for determining before
JUANITO AQUINO,
election the qualifications of candidate. Such
Accused.; MARDY
that, as presently required, to disqualify
MARIO AQUINO,
a candidate there must be a declaration
Accused-Appellants.
by a final judgment of a competent court
that the candidate sought to be
G.R. No. 219957,
disqualified "is guilty of or found by the
April 04, 2018 -
Commission to be suffering from any
PEOPLE OF THE
disqualification provided by law or the
PHILIPPINES, Plaintiff-
Constitution."
Appellee, v.
ELEUTERIO URMAZA Y
Insofar as the qualification of a candidate is
TORRES, Accused-
concerned, Rule 25 and Rule 23 are flipsides
Appellants.
of one to the other. Both do not allow, are
not authorizations, are not vestment of
G.R. No. 213225,
jurisdiction, for the COMELEC to
April 04, 2018 -
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3/18/2020 G.R. No. 230249, April 24, 2018 - ATTY. PABLO B. FRANCISCO, Petitioner, v. COMMISSION ON ELECTIONS AND ATTY. JOHNIELLE KEITH…

PEOPLE OF THE determine the qualification of a

PHILIPPINES, Plaintiff- candidate. The facts of qualification must
Appellee, v. RENANTE beforehand be established in a prior
COMPRADO proceeding before an authority properly
FBRONOLA, Accused- vested with jurisdiction. The prior
Appellant. determination of qualification may be by
statute, by executive order or by a judgment
G.R. No. 210446, of a competent court or tribunal. (emphasis
April 18, 2018 - added)
ANGELICA G. CRUZ,
On September 8, 2016, petitioner moved for
ANNA MARIE KUDO,
reconsideration from the COMELEC Second Division's
ALBERT G. CRUZ AND
Resolution before the COMELEC En Banc, arguing in the
ARTURO G. CRUZ,
main that there need not be a final judgment by a
Petitioners, v.
competent court that the candidate sought to be
MARYLOU TOLENTINO
disqualified is guilty of or is suffering from any
AND THE OFFICE OF
disqualification. He also stressed that since the act
THE REGISTER OF
complained of can only be committed within forty-five
DEEDS OF
(45) days before the election, it would be impossible to
MANDALUYONG CITY,
secure a conviction prior to initiating the disqualification
Respondents.
proceedings.

G.R. No. 200075,

Despite these strong asseverations, however, the
April 04, 2018 - SALIC
COMELEC En Banc found no reason to disturb the ruling
MAPANDI Y
of the Second Division. Instead, the seven-person
DIMAAMPAO,
Commission echoed the pronouncement that for a
Petitioner, v. PEOPLE
petition for disqualification to prosper, there must be "a
OF THE PHILIPPINES,
declaration by a final judgment of a competent court that
Respondent.
the candidate sought to be disqualified is guilty of or
found by the Commission to be suffering from any
G.R. No. 216714,
disqualification provided by law or the Constitution." The
April 04, 2018 -
COMELEC En Banc then deemed that the denial of the
SPOUSES GODFREY
petition is the only course of action it could take under
AND MA. TERESA
the premises. Thus, in its assailed February 2, 2017
TEVES, Petitioners, v.
Resolution, the electoral tribunal held:
INTEGRATED CREDIT
& CORPORATE Although the ruling enunciated by the
SERVICES, CO. (NOW Supreme Court in [Poe] has effectively
CAROL AQUI), emasculated the Commission's power under
Respondent. COMELEC Resolution No. 9523 to disqualify a
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candidate, it cannot decline to apply such

G.R. No. 217805, ruling in view of the principle that "judicial
April 02, 2018 - decisions applying or interpreting the laws or
PEOPLE OF THE the Constitution shall form a part of the legal
PHILIPPINES, Plaintiff- system of the Philippines."
Appellee, v. ALSARIF
BINTAIB Y FLORENCIO As such, Petitioner's reliance on the cases
A.K.A. "LENG," cited in the Motion for Reconsideration is
Accused-Appellant. misplaced, considering that the Poe case is
now the controlling doctrine on the matter
G.R. No. 189590, having been decided in 2016 and thus
April 23, 2018 - supersedes any previous ruling on the
REPUBLIC OF THE matter.
PHILIPPINES,
Petitioner, v. HON. xxxx
SANDIGANBAYAN,
ROMEO G. Consequently, having no leg to stand on, the
PANGANIBAN, FE L. instant Motion for Reconsideration is
PANGANIBAN, DENIED and the Resolution of the
GERALDINE L. Commission (Second Division) is hereby
PANGANIBAN, ELSA P. AFFIRMED.7
DE LUNA AND PURITA
P. SARMIENTO, Hence, the instant recourse.

Respondents.
The Issues

G.R. No. 219240,

April 04, 2018 - The issues to be resolved by this Court can be condensed
to the following:
PEOPLE OF THE
PHILIPPINES, Plaintiff-
I. Whether or not the COMELEC acted in
Appellee, v. BRYAN grave abuse of discretion in ruling that
GANABA Y NAM-AY, a petition for disqualification under Sec.
Accused-Appellant.
68 of the OEC cannot prosper without a
prior judgment finding the respondent
G.R. No. 211273, guilty of an election offense.
April 18, 2018 -
RAYMOND A. SON, II. Whether or not petitioner sufficiently
RAYMOND S. established by substantial evidence that
ANTIOLA, AND
WILFREDO E.
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POLLARCO, respondent violated Secs. 261(v) and

Petitioners, v. 104 of the OEC.
UNIVERSITY OF
Petitioner bewails that the COMELEC abruptly dismissed
SANTO TOMAS, FR.
the disqualification case. According to petitioner, the
ROLANDO DELA
situation ushered in by the COMELEC ruling would render
ROSA, DR. CLARITA
toothless Section 68 of the OEC against election
CARILLO, DR.
irregularities because of the virtual impossibility of
CYNTHIA LOZA, FR.
compliance with the prior ruling requirement. He also
EDGARDO ALAURIN,
asserts that Poe does not apply to candidates for local
AND THE COLLEGE OF
posts.
FINE ARTS AND
DESIGN FACULTY
In his Comment, respondent Nieto cited the Poe ruling
COUNCIL,
and averred that since there was no prior declaration by
Respondents.
a final judgment of a competent court or of a finding of
the Commission that he is guilty of the acts complained
G.R. Nos. 192595-
of, the COMELEC Second Division had no basis to
96, April 11, 2018 -
disqualify him. Nieto likens the requirement of a prior
NATIONAL
ruling to a prejudicial question that must first be
ELECTRIFICATION
determined in a proper proceeding before a tribunal with
ADMINISTRATION
competent jurisdiction.
(NEA), Petitioner, v.
MAGUINDANAO
Moreover, Nieto reiterated the defense that the
ELECTRIC
asphalting project is outside the ambit of the ban against
COOPERATIVE, INC.,
the expenditure of public funds since it was contracted
REPRESENTED BY
prior to the 45-day period before the scheduled
MAGUINDANAO
elections. It was, thus, an infrastructure activity lawfully
ELECTRIC
entered into by the local government unit of Cainta. In
COOPERATIVE-PALMA
addition, no public funds were disbursed for the project
AREA (MAGELCO-
during the ban since all expenses were for the account of
PALMA),
the winning bidder, Franzcor Trading and Construction.
REPRESENTED BY
ATTY. LITTIE SARAH
The Office of the Solicitor General (OSG), representing
A. AGDEPPA,
the government, in its Comment took a stance different
ANTONIO U. ACUB,
from that of the COMELEC. The OSG argued that Article
EDGAR L. LA VEGA,
IX-C, Section 2(2) and (3) of the Constitution granted
RET. JUDGE TERESITA
the COMELEC the quasi-judicial power to decide all
CARREON LLABAN,
questions affecting elections, except those involving the
EMILY LLABAN,
right to vote. This power further finds legal mooring in
ARMANDO C. LLABAN,
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AUDIE D. the dual aspect of the prohibited acts constituting the

MACASARTE, grounds for disqualification under Section 68 of the OEC.
WILFREDO Q. Lastly, the OSG posited that the context of the Poe ruling
LLABAN, EVANGELINE bars its application to local elective officials since the
A. VARILLA, CORAZON discussions were aptly made within the confines of a
TUMANG, AND national candidate for the presidency.
PRESCILLA LANO,
Respondents.; G.R. The Court's Ruling
Nos. 192676-77, April
11, 2018 - COTABATO Petitioner is correct in his contention that a prior
ELECTRIC judgment is not a precondition to filing a Petition for
COOPERATIVE, INC. Disqualification. Nevertheless, the petition must
(COTELCO), necessarily fail for lack of substantial evidence to
REPRESENTED BY establish that private respondent committed an election
ALEJANDRO Q. offense.
COLLADOS AS
GENERAL MANAGER, Petitioner failed to comply with the material date
Petitioner, v. rule
MAGUINDANAO
ELECTRIC Before We discuss the merits of the case, the Court
COOPERATIVE-PALMA observes that petitioner failed to state the material dates
AREA (MAGELCO- to establish that the instant recourse was timely
PALMA), interposed. The petitioner merely stated that he received
REPRESENTED BY a copy of the COMELEC's Resolution denying his motion
ATTY. LITTIE SARAH for reconsideration on February 20, 2017, and that he
A. AGDEPPA, was filing this petition within thirty (30) days from the
ANTONIO U. ACUB, said date on March 22, 2017.8
EDGAR L. LA VEGA,
RET. JUDGE TERESITA The allegation is not sufficient. Rule 64, Section 3 of the
CARREON LLABAN Rules of Court prescribes the period for elevating the
EVANGELINE A. COMELEC's ruling to this Court thusly:
VARILLA, AND
CORAZON TUMANG; Section 3. Time to file petition. - The petition

AND MAGUINDANAO shall be filed within thirty (30) days from

ELECTRIC notice of the judgment or final order or

COOPERATIVE, INC., resolution sought to be reviewed. The filing of

REPRESENTED BY ITS a motion for new trial or reconsideration of

PRESIDENT, DATU said judgment or final order or resolution, if

allowed under the procedural rules of the

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TUMAGANTANG Commission concerned, shall interrupt the

ZAINAL, Respondents. period herein fixed. If the motion is denied,
the aggrieved party may file the petition
G.R. No. 232892, within the remaining period, but which shall
April 04, 2018 - not be less than five (5) days in any event,
ALFREDO MALLARI reckoned from notice of denial.
MAGAT, Petitioner, v.
Clear from the provision is that the intervening period
INTERORIENT
petitioner utilized in moving for reconsideration before
MARITIME
the COMELEC must be deducted from the thirty (30)-day
ENTERPRISES, INC.,
period for resorting to a Rule 64 petition. As held in
INTERORIENT
MARITIME Pates v. COMELEC,9 the fresh period rule in Neypes v.

ENTERPRISE LIBERIA Court of Appeals10 that resets the period of the fi1ing of

FOR DROMON E.N.E. an appeal from the date of receipt of the ruling on
AND JASMIN P. reconsideration is applicable only in civil cases, not in
ARBOLEDA, election controversies. Filing a motion for reconsideration

Respondent. before the COMELEC then almost guarantees that the full
30-day period could not be availed of.
G.R. No. 208284,
April 23, 2018 - THE In the case at bar, petitioner failed to indicate when he
IGLESIA DE received a copy of the August 16, 2016 Resolution of the
JESUCRISTO COMELEC Second Division, from which he moved for

JERUSALEM NUEVA OF reconsideration on September 8, 2016. The Court is then

MANILA, PHILIPPINES, unable to determine how many days should be deducted
INC., REPRESENTED from his period for filing a Rule 64 petition and,
BY ITS PRESIDENT, consequently, if the instant recourse had been filed on
FRANCISCO GALVEZ, time. The particular date of receipt is of utmost
Petitioner, v. LOIDA significance in this case since petitioner cannot deny that
DELA CRUZ USING he availed of the full 30-day period from February 20,
THE NAME CHURCH 2017 to March 22, 2017. This means that unless
OF JESUS CHRIST, petitioner filed his motion for reconsideration on the very
"NEW JERUSALEM" same day he received the COMELEC's August 16, 2016
AND ALL PERSONS Resolution, the instant petition had been filed out of
CLAIMING RIGHTS time. In any case, non-compliance with the material date
UNDER HER, rule, in itself, is already a ground for dismissal.11
Respondents.
Revisiting Poe and strengthening the jurisdiction of
G.R. No. 223321, the COMELEC
April 02, 2018 -
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ROGELIO M. FLORETE, Public respondent COMELEC relied heavily on the Court's

SR., THE ESTATE OF pronouncement in Poe when it dismissed the election
THE LATE TERESITA F. controversy. The Court, however, takes this opportunity
MENCHAVEZ, to rectify Our position in Poe and to uphold the
REPRESENTED BY jurisdiction of the COMELEC as strengthened under the
MARY ANN THERESE present Constitution.
F. MENCHAVEZ,
ROSIE JILL F. For perspective, the COMELEC was never part of the
MENCHAVEZ, MA. original version of the 1935 Constitution. Prior to its
ROSARIO F. creation, it was the then Department of Interior, through
MENCHAVEZ, an Executive Bureau then directly, that superintended
CRISTINE JOY F. the conduct of elections.12 The Courts were charged with
MENCHAVEZ, AND resolving questions affecting the right to vote as well as
EPHRAIM contested elections of local elective officials, while the
MENCHAVEZ, AND Secretary of Interior was vested with the authority to
DIANE GRACE F. enforce the election laws and assign local authorities to
MENCHAVEZ, perform ministerial duties relative thereto.
Petitioners, v.
MARCELINO M. The close official relationship between the President and
FLORETE, JR. AND MA. the Secretary of Interior, however, aroused suspicion
ELENA F. MUYCO, that the latter had been administering election statutes
Respondents not for the purpose of securing honest and free elections,
but to serve the political interest of the party in power to
G.R. No. 233325, which they belonged. They were never entirely free from
April 16, 2018 - suspicion of acting with partisan bias. And this general
PEOPLE OF THE dissatisfaction and distrust over the manner the elections
PHILIPPINES, Plaintiff- were conducted at that time impelled the National
Appellee, v. Assembly to propose the creation of the COMELEC by
PASTORLITO V. DELA
constitutional amendment.13
VICTORIA, Accused-
Appellant.
Through a plebiscite held on June 17, 1940, several
amendments were introduced to the 1935 Constitution:
G.R. No. 218584,
modifying the term of office of the President and the
April 25, 2018 -
Vice-President from six (6) years to four (4) years, but
PEOPLE OF THE
with re-election for another term establishing a
PHILIPPINES, Plaintiff-
bicameral Congress composed of the Senate as the
Appellee, v. DENNIS
upper house and the House of Representatives as the
MANALIGOD Y
lower house; and creating an independent COMELEC.

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SANTOS, Accused-
Appellant. Since its creation, the COMELEC's power had been
increased in each incarnation of the Constitution to
G.R. No. 234048, reflect the country's awareness of the need to provide
April 23, 2018 - greater regulation and protection to our electoral
PEOPLE OF THE processes and to ensure their integrity.14 To
PHILIPPINES, Plaintiff- demonstrate, Article X, Section 2 of the 1935
Appellee, v. MALOU Constitution, as amended, declares the power of the
ALVARADO Y FLORES, electoral commission thusly:
ALVIN ALVAREZ Y
LONQUIAS AND RAMIL Section 2. The Commission on Elections shall
have exclusive charge of the enforcement and
DAL Y MOLIANEDA,
Accused-Appellants. administration of all laws relative to the
conduct of elections and shall exercise all
other functions which may be conferred upon
G.R. No. 219113,
April 25, 2018 - it by law. It shall decide, save those

PEOPLE OF THE involving the right to vote, all

administrative questions affecting
PHILIPPINES, Plaintiff-
Appellee, v. ROLAND elections, including the determination of the

MIRAÑA Y ALCARAZ, number and location of polling places, and

the appointment of election inspectors and of
Accused-Appellant.
other election officials. All law enforcement

G.R. No. 202217, agencies and instrumentalities of the

Government, when so required by the
April 25, 2018 -
PABLO C. HIDALGO, Commission, shall act as its deputies for the

Petitioner, v. SONIA purpose of insuring free, orderly, and honest

election. The decisions, orders, and rulings of
VELASCO,
Respondent. the Commission shall be subject to review by
the Supreme Court.

G.R. No. 199161,

April 18, 2018 - No pardon, parole. or suspension of sentence

PHILIPPINE NATIONAL for the violation of any election law may be

granted without the favorable
BANK, Petitioner, v.
JAMES T. CUA, recommendation of the Commission.

Respondent. (emphasis added)

Thus, the administrative control over the conduct of

G.R. No. 197645, elections erstwhile exercised by the Secretary of Interior
April 18, 2018 - was shifted to the COMELEC. Under its constitutional
CARLOS JAY
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ADLAWAN, Petitioner, mandate, it was tasked with "the enforcement and

v. PEOPLE OF THE administration of all laws relative to the conduct of
PHILIPPINES, elections" and bestowed the power to "decide save those
Respondent. involving the right to vole, all administrative questions
affecting elections." But since its authority to decide was
G.R. No. 231053, circumscribed to administrative questions, the courts
April 04, 2018 - retained their original powers over local election
DESIDERIO DALISAY contests.
INVESTMENTS, INC.,
Petitioner, v. SOCIAL It was not until the enactment of the 1973 Constitution
SECURITY SYSTEM, when the power of the COMELEC to resolve election
Respondent. controversies was institutionalized. Through Article XII
(C), Section 2 of the 1973 Constitution. the powers of
G.R. No. 192797, the COMELEC were expanded to the following:
April 18, 2018 -
SEC. 2. The Commission on Elections shall
EXCELLENT
have the following powers and functions:
ESSENTIALS
INTERNATIONAL
(1) Enforce and administer all laws relative to
CORPORATION,
the conduct of elections.
Petitioner, v. EXTRA
EXCEL
(2) Be the sole judge of all contests
INTERNATIONAL
relating to the elections, returns, and
PHILIPPINES, INC.,
qualifications of all Members of the
Respondent.
Batasang Pambansa and elective
provincial and city officials.
G.R. No. 218108,
April 11, 2018 -
(3) Decide, save those involving the right to
PEOPLE OF THE
vote, administrative questions affecting
PHILIPPINES, Plaintiff-
elections, including the determination of the
Appellee, v. RODOLFO
number and location of polling places, the
ADVINCULA Y
appointment of election officials and
MONDANO, Accused-
inspectors, and the registration of voters.
Appellant.

(4) Deputize, with the consent or at the

G.R. No. 195814,
instance of the President, law enforcement
April 04, 2018 -
agencies and instrumentalities of the
EVERSLEY CHILDS
Government, including the armed forces of
SANITARIUM,
the Philippines, for the purpose of ensuring
REPRESENTED BY DR.
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GERARDO M. AQUINO, free, orderly, and honest elections.

JR. (NOW DR. PRIMO
JOEL S. ALVEZ) CHIEF (5) Register and accredit political parties
OF SANITARIUM, subject to the provisions of Section eight
Petitioner, v. hereof
SPOUSES ANASTACIO
AND PERLA (6) Recommend to the Batasang Pambansa
BARBARONA, effective measures to minimize election
Respondents. expenses and prohibit all forms of election
frauds and malpractices, political
G.R. No. 212785, opportunism, guest or nuisance candidacy, or
April 04, 2018 - other similar acts.
REPUBLIC OF THE
PHILIPPINES, (7) Submit to the President, the Prime
Petitioner, v. GO PEI Minister, and the Batasang Pambansa a
HUNG, Respondent. report on the conduct and manner of each
election.
G.R. No. 199513,
April 18, 2018 - (8) Perform such other functions as may be
TERESA GUTIERREZ provided by law. (emphasis added)
YAMAUCHI, Petitioner,
As aptly observed in Mendoza v. COMELEC (Mendoza),15
v. ROMEO F. SUÑIGA,
these powers of the COMELEC have been enhanced in
Respondent.
scope and details under the 1987 Constitution. Article X

G.R. No. 226727, (C), Section 2 of the Constitution embodies the myriad of
powers bestowed upon the polling body, viz:
April 25, 2018 -
UNIVERSITY OF THE
SECTION 2. The Commission on Elections
EAST AND DR. ESTER shall exercise the following powers and
GARCIA, Petitioners, functions:
v. VERONICA M.
MASANGKAY AND
(1) Enforce and administer all laws and
GERTRUDO R.
regulations relative to the conduct of an
REGONDOLA,
election, plebiscite, initiative, referendum,
Respondents. and recall.

G.R. No. 209031,

(2) Exercise exclusive original
April 16, 2018 -
jurisdiction over all contests relating to the
ABIGAEL AN ESPINA-
elections, returns, and qualifications of all
DAN, Petitioner, v.
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3/18/2020 G.R. No. 230249, April 24, 2018 - ATTY. PABLO B. FRANCISCO, Petitioner, v. COMMISSION ON ELECTIONS AND ATTY. JOHNIELLE KEITH…

MARCO DAN, elective regional, provincial, and city officials,

Respondent. and appellate jurisdiction over all contests
involving elective municipal officials decided
G.R. No. 214367, by trial courts of general jurisdiction, or
April 04, 2018 - involving elective barangay officials decided
REPUBLIC OF THE by trial courts of limited jurisdiction.
PHILIPPINES,
Petitioner, v. Decisions, final orders, or rulings of the
LAUREANA MALIJAN- Commission on election contests involving
JAVIER AND IDEN elective municipal and barangay offices shall
MALIJAN-JAVIER, be final, executory, and not appealable.
Respondents.
(3) Decide, except those involving the right to
G.R. No. 220146, vote, all questions affecting elections,
April 18, 2018 - including determination of the number and
PEOPLE OF THE location of polling places, appointment of
PHILIPPINES, Plaintiff- election officials and inspectors, and
Appellee, v. GLEN registration of voters.
ABINA Y LATORRE
AND JESUS LATORRE (4) Deputize, with the concurrence of the
Y DERAYA, Accused- President, law enforcement agencies and
Appellants. instrumentalities of the Government,
including the Armed Forces of the Philippines,
G.R. No. 202784, for the exclusive purpose of ensuring free,
April 18, 2018 - orderly, honest, peaceful, and credible
JONNEL D. elections.
ESPALDON, Petitioner,
v. RICHARD E. BUBAN (5) Register, after sufficient publication,
IN HIS CAPACITY AS political parties, organizations, or coalitions
GRAFT which, in addition to other requirements,
INVESTIGATION AND must present their platform or program of
PROSECUTION government and accredit citizens' arms of the
OFFICER II, MEDWIN Commission on Elections. Religious
S. DIZON IN HIS denominations and sects shall not be
CAPACITY AS registered. Those which seek to achieve their
DIRECTOR, PIAB-A, goals through violence or unlawful means, or
ALEU A. AMANTE IN refuse to uphold and adhere to this
HIS CAPACITY AS Constitution, or which are supported by any
ASSISTANT foreign government shall likewise be refused
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OMBUDSMAN, PAMO registration.

I, AND CONCHITA
CARPIO MORALES IN Financial contributions from foreign
HER CAPACITY AS governments and their agencies to political
OMBUDSMAN OF THE parties, organizations, coalitions, or
REPUBLIC OF THE candidates related to elections constitute
PHILIPPINES, PETER interference in national affairs, and, when
L. CALIMAG, accepted, shall be an additional ground for
ASSISTANT the cancellation of their registration with the
SECRETARY, REVENUE Commission, in addition to other penalties
AFFAIRS AND LEGAL that may be prescribed by law.
AFFAIRS GROUP,
DEPARTMENT OF (6) File, upon a verified complaint, or on its
FINANCE, RENATO M. own initiative, petitions in court for inclusion
GARBO III, MA. or exclusion of voters; investigate and, where
LETICIA appropriate, prosecute cases of violations of
MALMALATEO, election laws, including acts or omissions
MARLON K. TAULI, constituting election frauds, offenses, and
FRAYN M. BANAWA, malpractices.
AND JOHNNY
CAGUIAT, ALL NBI (7) Recommend to the Congress effective
AGENTS, NATIONAL measures to minimize election spending,
BUREAU OF including limitation of places where
INVESTIGATION, propaganda materials shall be posted, and to
ROGELIO M. SABADO, prevent and penalize all forms of election
AND PRUDENCIO S. frauds, offenses, malpractices, and nuisance
DAR, JR., RAILWAY candidacies.
POLICE, PHILIPPINE
NATIONAL RAILWAYS, (8) Recommend to the President the removal
ANTONIO MARIANO of any officer or employee it has deputized, or
ALMEDA, IRENEO C. the imposition of any other disciplinary
QUIZON, ARIEL action, for violation or disregard of, or
SARMIENTO, disobedience to its directive, order, or
DOMINGO BEGUERAS, decision.
JOHN DOES/JANE
DOES, NBI AND/OR (9) Submit to the President and the Congress
PNR, Respondents. a com prehensive report on the conduct of
each election, plebiscite, initiative,
referendum, or recall. (emphasis added)
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G.R. No. 216065, Significantly, the present Constitution clarifies that the
April 18, 2018 - COMELEC retains its character as an administrative
PEOPLE OF THE agency notwithstanding its authority to resolve election
PHILIPPINES, Plaintiff- contests. As held in Mendoza:
Appellee, v.
As will be seen on close examination, the
REYNANTE
1973 Constitution used the unique wording
MANZANERO Y
that the COMELEC shall be the sole judge of
HABANA A.K.A.
all contests, thus giving the appearance that
"NANTE," MARIO
judicial power had been conferred. This
TANYAG Y
phraseology, however, was changed in the
MARASIGAN A.K.A.
1987 Constitution to give the COMELEC
"TAGA," ANGELITO
exclusive jurisdiction over all contests, thus
EVANGELISTA Y
removing any vestige of exercising its
AVELINO A.K.A.
adjudicatory power as a court and correctly
"LITO," ARTHUR
aligning it with what it is a quasi-judicial
FAJARDO Y
MAMALAYAN, MARIO body.16

EVANGELISTA A.K.A.
As enunciated, the COMELEC's adjudicative function over
"TIKYO," PATRICK election contests is quasi-judicial in character since the
ALEMANIA A.K.A. COMELEC is a governmental body, other than a court,
"BOBBY PATRICK,"
that is vested with jurisdiction to decide the specific class
TOYING PENALES
of controversies it Is charged with resolving. In
A.K.A. "TOYING,"
adjudicating the rights of persons before it, the COMELEC
A.K.A. "REY," AND
is not just empowered but is in fact required to
A.K.A. "MARLON," investigate facts or ascertain the existence of facts, hold
ACCUSED, ARTHUR hearings, weigh evidence, and draw conclusions from
FAJARDO Y
them as basis for their official action and exercise of
MAMALAYAN,
discretion in a judicial nature.17 This is simply in
Accused-Appellant.
congruence with the concept of due process that all
administrative adjudicatory bodies are enjoined to
A.C. No. 11821
observe.
(formerly CBD Case
No. 15-4477), April
The COMELEC is, thus, fully-clothed with authority to
02, 2018 - DARIO
make factual determinations in relation to the election
TANGCAY,
contests before it. This has been the thrust of the
Complainant, v.
decades worth of constitutional revisions that
HONESTO ANCHETA
transformed the COMELEC from a purely administrative
CABARROGUIS,
body, whose scope of decision making is limited to those
Respondent.
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incidental to its duty to enforce election laws, to a polling

G.R. No. 193572, commission that also exercises original and exclusive, as
April 04, 2018 - well as appellate, jurisdiction over election contests.
TSUNEISHI HEAVY
INDUSTRIES (CEBU), Considering the historical evolution of the COMELEC, the
INC., Petitioner, v. Court now declares that the polling body has full
MIS MARITIME adjudicatory powers to resolve election contests outside
CORPORATION, the jurisdiction of the electoral tribunals. To rule
Respondent. otherwise would be an act of regression, contrary to the
intent behind the constitutional innovations creating and
G.R. No. 199353, further strengthening the Commission. There is no
April 04, 2018 - novelty in this pronouncement, but merely a
LEVISTE reinstatement of Our consistent jurisprudence prior to
MANAGEMENT Poe.
SYSTEM, INC.,
Petitioner, v. LEGASPI In the landmark case of Aratea v. COMELEC,18 for
TOWERS 200, INC., instance, the COC of Romeo D. Lonzanida was cancelled
AND VIVIAN Y. and declared void ab initio because of his
LOCSIN AND PITONG misrepresentation as to his eligibility. He knew fully well
MARCORDE, that he had been elected, and had served, as mayor of
RESPONDENTS. San Antonio, Zambales for more than three consecutive
ENGR. NELSON Q. terms yet he still certified that he was eligible to run for
IRASGA, IN HIS mayor for the next succeeding term, thus constituting
CAPACITY AS false material representation. No prior judgment
MUNICIPAL BUILDING recognizing Lonzanida's service for three terms was
OFFICIAL OF MAKATI, necessary to effect the cancellation of his COC.
METRO MANILA AND
HON. JOSE P. DE
In Maquiling v. COMELEC,19 Linog G. Balua, through a
JESUS, IN HIS
petitiOn treated as one for cancellation and/or denial of
CAPACITY AS
due course of COC, contended that Rommel Arnado is
SECRETARY OF THE
not a resident of Kauswagan, Lanao del Norte and that
DEPT. OF PUBLIC
the latter is a foreigner based on a certification by the
WORKS AND
Bureau of Immigration indicating that Amado is
HIGHWAYS, THIRD
American. The Court did not find issue in the COMELEC's
PARTY, Respondents.;
authority to make a factual determination as to Amado's
G.R. NO. 199389,
citizenship and residence, though We eventually
April 04, 2018 -
reversed the COMELEC En Banc's ruling and reinstated
LEGASPI TOWERS
that of its First Division based on Our own appreciation
200, INC., Petitioner,
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v. LEVISTE of the evidence on record.

MANAGEMENT
SYSTEM, INC., ENGR. And in Cerafica v. COMELEC (Cerafica),20 the Court
NELSON Q. IRASGA, reversed the COMELEC's mling not because of any
IN HIS CAPACITY AS alleged lack of authority to make factual determinations
MUNICIPAL BLDG. as to the eligibility of a candidate, but, quite the
OFFICIAL OF MAKATI, contrary, because it did not make use of the same
METRO MANILA, AND authority.
HON. JOSE P. DE
JESUS, IN HIS To reiterate, the COMELEC, as an adjunct to its
CAPACITY AS adjudicatory power. may investigate facts or ascertain
SECRETARY OF THE the existence of facts, hold hearings. weigh evidence,
DEPARTMENT OF and draw conclusions from them as basis for their official
PUBLIC WORKS AND
action. As held in Cerafica:21
HIGHWAYS,
Respondents. The determination of whether a candidate is
eligible for the position he is seeking involves

G.R. No. 185530, a determination of fact where parties must be

April 18, 2018 - allowed to adduce evidence in support of their

MAKATI TUSCANY contentions. We thus caution the Comelec
CONDOMINIUM against its practice of impetuous cancellation

CORPORATION, of COCs via minute resolutions adopting the

Petitioner, v. MULTI- recommendations of its Law Department

REALTY when the situation properly calls for the

DEVELOPMENT case's referral to a Division for summary

CORPORATION, hearing.
Respondent.
It may be true that the sole ground for Petitions to Deny
Due Course or to Cancel COC is false material
G.R. No. 223399,
representation compounded by intent to deceive on the
April 23, 2018 -
part of the candidate and that the intent to deceive or
FATIMA O. DE
mislead will be difficult, if not impossible, to ascertain
GUZMAN-FUERTE,
absent an established fact that the candidate deviated
MARRIED TO
from. Contrary to Poe, the Court categorical1y rules
MAURICE GEORGE
herein that the COMELEC can be the proper body to
FUERTE, Petitioner, v.
make the pronouncement against which the truth or
SPOUSES SILVINO
falsity of a material representation in a COC can be
S.ESTOMO AND
measured. But lest it be misunderstood, these
CONCEPCION C.
disquisitions will not by any means alter the outcome of

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ESTOMO, Poe, for even if We dispense the requirement of a

Respondents. predicate judgment therein and uphold the jurisdiction of
the COMELEC, the Court's conclusion would still find
G.R. No. 213617, mooring on the factual findings on Poe's Filipino blood
April 18, 2018 - ARCH. relation and residency.22
EUSEBIO B. BERNAL,
DOING BUSINESS A predicate judgment is not required in Petitions
UNDER THE NAME for Disqualification
AND STYLE
CONTEMPORARY Moreover, the Commission gravely abused its discretion
BUILDERS, Petitioner, when it failed to appreciate the characteristics that
v. DR. VIVENCIO distinguish Poe from the case at bar. It must be stressed
VILLAFLOR AND DRA. that there is a world of difference between the remedies
GREGORIA availed of in Poe and in the instant case. What is
VILLAFLOR, involved herein is a Petition for Disqualification under
Respondents. Sec. 68 of the OEC, whereas Poe was initiated by
multiple Petitions to Deny Due Course or Cancel COC
G.R. No. 214803,
under Sec. 78 of the OEC.23
April 23, 2018 -
ALONA G. ROLDAN,
The statutory bases for the two distinct remedies read:
Petitioner, v.
SPOUSES CLARENCE Sec. 68. Disqualifications. - Any candidate

I. BARRIOS AND who, in an action or protest in which he is a

ANNA LEE T. party is declared by final decision of a

BARRIOS, ROMMEL competent court guilty of, or found by the
MATORRES, AND Commission of having

HON. JEMENA
ABELLAR ARBIS, IN xxxx

HER CAPACITY AS
PRESIDING JUDGE, d. solicited, received or made any
BRANCH 6, REGIONAL
contribution prohibited under Sections
TRIAL COURT, AKLAN,
89, 95, 96, 97 and 104; or
Respondents.

e. violated any of Sections 80, 83, 85, 86

G.R. No. 228470,
and 261, paragraphs d, e, k, v, and
April 23, 2018 -
cc, subparagraph 6, shall be
LOADSTAR
disqualified from continuing as a
INTERNATIONAL
SHIPPING, INC.,
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Petitioner, v. candidate, or if he has been elected,

ERNESTO AWITEN from holding the office. x x x
YAMSON,
SUBSTITUTED BY HIS
xxxx
HEIRS GEORGIA M.
YAMSON AND THEIR
Sec. 78. Petition to deny due course to or
CHILDREN, NAMELY:
cancel a certificate of candidacy. - A
JENNIE ANN MEDINA
verified petition seeking to deny due course
YAMSON, KIMBERLY
or to cancel a certificate of candidacy may be
SHEEN MEDINA
filed by the person exclusively on the
YAMSON, JOSHUA
ground that any material representation
MEDINA YAMSON AND
contained therein as required under
ANGEL LOUISE
Section 74 hereof is false. The petition
MEDINA YAMSON,
may be filed at any time not later than
Respondents.
twenty-five days from the time of the filing of
the certificate of candidacy and shall be
G.R. No. 201414,
decided, after due notice and hearing, not
April 18, 2018 -
later than fifteen days before the election.
PEDRO PEREZ,
(emphasis added)
Petitioner, v. PEOPLE
OF THE PHILIPPINES, The essence of a disqualification proceeding that invokes
Respondent. Sec. 68 of the OEC is to bar an individual from becoming
a candidate or from continuing as a candidate for public
G.R. No. 198393, office based not on the candidate's lack of qualification,
April 04, 2018 - but on his possession of a disqualification as declared by
REPUBLIC OF THE a final decision of a competent court, or as found by the
PHILIPPINES, Commission.24 The jurisdiction of the COMELEC to
Petitioner, v. disqualify candidates is limited to those enumerated in
RODOLFO M. CUENCA, Section 68 of the OEC. All other election offenses are
FERDINAND E.
beyond the ambit of COMELEC jurisdiction.25
MARCOS, IMELDA R.
MARCOS, ROBERTO S.
Meanwhile, for a Petition to Deny Due Course or to
CUENCA, MANUEL I. Cancel COC under Sec. 78 of the OEC to prosper, the
TINIO, VICTOR candidate must have made a material misrepresentation
AFRICA, MARIO K. involving his eligibility or qualification for the office to
ALFELOR, DON M.
which he seeks election, such as the requisite residency,
FERRY AND OSCAR
age, citizenship or any other legal qualification necessary
BELTRAN,
to run for elective office26 enumerated under Sec. 74 of
Respondents.
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the OEC.27 Moreover, the false representation under

G.R. No. 208091, Sec. 78 must consist of a deliberate attempt to mislead,
April 23, 2018 - misinform, or hide a fact which would otherwise render a
PEOPLE OF THE
candidate ineligible.28 The relief is granted not because
PHILIPPINES, Plaintiff-
of the candidate's lack of eligibility per se, but because of
Appellee, v. BENITO
his or her false misrepresentation of possessing the
MOLEJON, Accused-
statutory qualifications.
Appellant.

The doctrine in Poe was never meant to apply to

G.R. No. 211232,
Petitions for Disqualification. A prior court
April 11, 2018 -
judgment is not required before the remedy under
COCA-COLA
Sec. 68 of the OEC can prosper. This is highlighted
BOTTLERS PHILS.,
by the provision itself, which contemplates of two
INC., Petitioner, v.
scenarios: first, there is a final decision by a
SPOUSES EFREN AND
competent court that the candidate is guilty of an
LOLITA SORIANO,
election offense and second, it is the Commission
Respondents.
itself that found that the candidate committed any
of the enumerated prohibited acts. Noteworthy is
A.C. No. 9186,
that in the second scenario, it is not required that
April 11, 2018 - ATTY.
there be a prior final judgment; it is sufficient that
JUAN PAULO
the Commission itself made the determination. The
VILLONCO,
conjunction "or" separating "competent court" and
Complainant, v. ATTY.
"the Commission" could only mean that the
ROMEO G. ROXAS,
legislative intent was for bot/1 bodies to be
Respondent.
clothed with authority to ascertain whether or not
there is evidence that the respondent candidate
G.R. No. 226590,
ought to be disqualified.
April 23, 2018 -
SHIRLEY T. LIM, MARY
Furthermore, the quantum of proof necessary in election
T. LIMLEON AND
cases is, as in all administrative cases, substantial
JIMMY T. LIM,
evidence. This is defined as such relevant evidence as a
Petitioners, v. PEOPLE
reasonable mind will accept as adequate to support a
OF THE PHILIPPINES,
conclusion.29 To impose prior conviction of an election
Respondent.
offense as a condition sine qua non before a Petition for
Disqualification can be launched would be tantamount to
G.R. No. 206529,
requiring proof beyond reasonable doubt, which is
April 23, 2018 -
significantly beyond what our laws require.
RENANTE B.
REMOTICADO,
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Petitioner, v. TYPICAL Jurisprudence is rife with teachings on the separability of

CONSTRUCTION the criminal prosecution for election offenses or even t
TRADING CORP. AND he determination for probable cause to criminally charge
ROMMEL M. ALIGNAY, a candidate for any election violation, from the
Respondents. administrative proceeding for disqualification. The Court
even elucidated on the concept of this twin aspect in the
G.R. No. 229047, case of Ejercito v. COMELEC,30 viz:
April 16, 2018 -
x x x It has been repeatedly underscored that
PEOPLE OF THE
PHILIPPINES, Plaintiff- an election offense has its criminal and

Appellee, v. electoral aspects. While its criminal aspect to

determine the guilt or innocence of the
RAMONCITO CORNEL
accused cannot be the subject of summary
Y ASUNCION,
hearing, its electoral aspect to ascertain
Accused-Appellants.
whether the offender should be disqualified

G.R. No. 211187, from office can be determined in an

April 16, 2018 - administrative proceeding that is summary in

character. This Court said in Sunga [v.
SCANMAR MARITIME
COMELEC]:
SERVICES, INC. AND
CROWN
It is worth to note that an election offense
SHIPMANAGEMENT,
INC., Petitioners, v. has criminal as well as electoral aspects. Its

CELESTINO M. criminal aspect involves the ascertainment of

the guilt or innocence of the accused
HERNANDEZ, JR.,
candidate. Like in any other criminal case, it
Respondent.
usually entails a full-blown hearing and the
quantum of proof required to secure a
G.R. No. 216922,
April 18, 2018 - conviction is beyond reasonable doubt. Its

JAYLORD DIMAL AND electoral aspect, on the other hand, is a

determination of whether the offender should
ALLAN CASTILLO,
be disqualified from office. This is done
Petitioners, v. PEOPLE
through an administrative proceeding which is
OF THE PHILIPPINES,
summary in character and requires only a
Respondent.
clear preponderance of evidence. Thus, under

G.R. No. 230249, Sec. 4 of the COMELEC Rules of Procedure,

petitions for disqualification "shall be heard
April 24, 2018 - ATTY.
summarily after due notice." It is the
PABLO B. FRANCISCO,
electoral aspect that we are more
Petitioner, v.
concerned with, under which an erring
COMMISSION ON
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ELECTIONS AND candidate may be disqualified even

ATTY. JOHNIELLE without prior criminal conviction.
KEITH P. NIETO,
Respondents. and equally in Lanot [v. COMELEC]:

G.R. No. 196020, x x x The electoral aspect of a

April 18, 2018 - disqualification case determines whether the
MANILA ELECTRIC offender should be disqualified from being a
COMPANY, VICENTE candidate or from holding office.
MONTERO, MR. Proceedings are summary in character
BONDOC, AND MR. and require only clear preponderance of
BAYONA, Petitioners, evidence. An erring candidate may be
v. NORDEC disqualified even without prior
PHILIPPINES AND/OR determination of probable cause in a
MARVEX INDUSTRIAL preliminary investigation. The electoral
CORP. REPRESENTED aspect may proceed independently of the
BY ITS PRESIDENT, criminal aspect, and vice-versa.
DR. POTENCIANO R.
MALVAR, The criminal aspect of a disqualification case
Respondents.; G.R. determines whether there is probable cause
No. 196116, April 18, to charge a candidate for an election offense.
2018 - NORDEC The prosecutor is the COMELEC, through its
PHILIPPINES Law Department, which determines whether
REPRESENTED BY ITS probable cause exists. If there is probable
PRESIDENT, DR. cause, the COMELEC, through its Law
POTENCIANO R. Department, files the criminal information
MALVAR, Petitioner, v. before the proper court. Proceedings before
MANILA ELECTRIC the proper court demand a full-blown hearing
COMPANY, VICENTE and require proof beyond reasonable doubt to
MONTERO, MR. convict. A criminal conviction shall result in
BONDOC, AND MR. the disqualification of the offender, which
BAYONA, may even include disqualification from
Respondents. holding a future public office.

The Court's disquisitions in Sunga v. COMELEC31 and

G.R. No. 191310,
April 11, 2018 - Lanot v. COMELEC32 centered on whether or not the
PRINCESS TALENT polling body has the discretion to proceed with
CENTER disqualification cases even after the elections had been
PRODUCTION, INC., concluded.

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AND/OR LUCHI SINGH

MOLDES, Petitioners, In Sunga, petitioner Manuel C. Sunga was a mayoralty
v. DESIREE T. candidate in the Municipality of Iguig, Cagayan in the
MASAGCA, May 1995 Elections. He filed a complaint accusing
Respondent. respondent, then incumbent mayor Ferdinand B.
Trinidad, of using threats, intimidation, terrorism or
G.R. No. 232131, other forms of coercion, in violation of the OEC. The
April 24, 2018 - REY COMELEC denied the complaint, ruling that petitions for
NATHANIEL C. disqualification filed after the conduct of the elections
IFURUNG, Petitioner, ought to be dismissed. In reversing the ruling of the
v. HON. CONCHITA C. tribunal, the Court held that neither the conclusion of the
CARPIO MORALES IN elections nor Trinidad's proclamation and assumption of
HER CAPACITY AS THE office divested the COMELEC of authority and jurisdiction
OMBUDSMAN, HON. to decide the disqualification case.
MELCHOR ARTHUR H.
CARANDANG, HON. Meanwhile, in Lanot, therein petitioners led by Henry P.
GERARD ABETO Lanot filed a Petition for Disqualification against then
MOSQUERA, HON. incumbent Pasig City Mayor Vicente P. Eusebio for
PAUL ELMER M. allegedly violating Section 261(a) of the OEC on the
CLEMENTE, HON. prohibition against vote-buying. The COMELEC First
RODOLFO M. ELMAN, Division granted the petition, prompting Eusebio to move
HON. CYRIL for reconsideration. At the time of the elections, the
ENGUERRA RAMOS IN disqualification case was not yet resolved with finality.
THEIR CAPACITIES AS Thus, Eusebio's votes were still counted and canvassed,
DEPUTIES and he was proclaimed city mayor of Pasig. Thereafter,
OMBUDSMAN, AND the COMELEC En Banc annulled the COMELEC First
THE OFFICE OF THE Division's disqualification order and referred the case to
OMBUDSMAN, the COMELEC Law Department for preliminary
Respondents. investigation.

G.R. No. 223660, The Court agreed with Lanot that the COMELEC En Banc
April 02, 2018 - gravely abused its discretion when it ordered the
LOURDES dismissal of the disqualification case because of
VALDERAMA, Eusebio's proclamation as city mayor and at the same
Petitioner, v. SONIA time allowed the criminal aspect to proceed with
ARGUELLES AND preliminary investigation. Lanot highlighted the
LORNA ARGUELLES, inconsistency by citing the teaching in Sunga that:
Respondents.

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G.R. No. 219953, A candidate guilty of election offenses would

April 23, 2018 - be undeservedly rewarded, instead of
PEOPLE OF THE punished, by the dismissal of the
PHILIPPINES, Plaintiff- disqualification case against him simply
Appellee, v. ANGELITA because the investigating body was unable,
REYES Y GINOVE AND for any reason caused upon it, to determine
JOSEPHINE SANTA before the election if the offenses were
MARIA Y SANCHEZ, indeed committed by the candidate sought to
Accused-Appellants. be disqualified. All that the erring aspirant
would need to do is to employ delaying
G.R. Nos. 232197- tactics so that the disqualification case based
98, April 16, 2018 - on the commission of election offenses would
PEOPLE OF THE not be decided before the election. This
PHILIPPINES, scenario is productive of more fraud which
Petitioner, v. certainly is not the main intent and purpose
HONORABLE of the law.33
SANDIGANBAYAN
To then avoid the above-illustrated deleterious scenario,
(FOURTH DIVISION),
the Court instructed that the COMELEC should continue
ALEJANDRO E.
the trial and hearing of the disqualification case until
GAMOS, AND
judgment is rendered thereon, and to treat the criminal
ROSALYN G. GILE,
Respondents. aspect of the case as a separate issue altogether.

The distinction between the electoral aspect from the

G.R. No. 214759,
criminal one was further amplified in Ejercito. There, the
April 04, 2018 -
Court rebuked therein petitioner's assertion that the
PEOPLE OF THE
conduct of preliminary investigation to determine
PHILIPPINES, Plaintiff-
whether the acts enumerated under Section 68 of the
Appellee, v. DINA
OEC were indeed committed is a requirement prior to
CALATES Y DELA
actual disqualification. Resultantly, the Court upheld the
CRUZ, Accused-
COMELEC's disqualification of petitioner Emilio Ramon
Appellants.
Ejercito even though there has yet to be any finding of
probable cause, let alone guilt, that he spent more than
G.R. No. 194765,
April 23, 2018 - the threshold amount prescribed under Sections I00-103

MARSMAN & of the OEC, an election offense under Section 262 of the
same code.
COMPANY, INC.,
Petitioner, v. RODIL C.
Neither a prior conviction nor even a determination of
STA. RITA,
probable cause is then a requirement before a Petition
Respondent.
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for Disqualification can be lodged. Credit must be given

A.M. No. MTJ-15- to petitioner for his apt observation that to rule
1860 (Formerly OCA otherwise would render inutile the remedy under Section
I.P.I. No. 09-2224- 68 of the OEC insofar as the specific ground raised
MTJ), April 03, 2018 - herein is concerned. Pertinently, Section 261(v) of the
ROSILANDA M. OEC and Rule 25, Section 3 of the COMELEC Rules of
KEUPPERS, Procedure read:
Complainant, v.
Section 261. Prohibited Acts. - The following
JUDGE VIRGILIO G.
shall be guilty of an election offense:
MURCIA, MUNICIPAL
TRIAL COURT IN
xxxx
CITIES, BRANCH 2,
ISLAND GARDEN CITY
(v) Prohibition against release, disbursement
OF SAMAL,
or expenditure of public funds. - Any public
Respondent.
official or employee including barangay
officials and those of government-owned or
IPI No. 17-267-CA-
controlled corporations and their subsidiaries,
J, April 24, 2018 - RE:
who, during forty-five days before a
VERIFIED COMPLAINT
regular election and thirty days before a
OF FERNANDO
special election, releases, disburses or
CASTILLO AGAINST
expends any public funds x x x (emphasis
ASSOCIATE JUSTICE
added)
MARIFLOR PUNZALAN-
CASTILLO, COURT OF
Rule 25 - Disqualification of Candidates
APPEALS, MANILA.

xxxx
G.R. No. 210518,
April 18, 2018 -
Section 3. Period to File Petition. - The
REPUBLIC OF THE
Petition shall be filed any day after the last
PHILIPPINES,
day for filing of certificates of candidacy, but
Petitioner, v. MARTIN
not later than the date of proclamation.
NIKOLAI Z. JAVIER
(emphasis added)
AND MICHELLE K.
MERCADO-JAVIER, Clearly, the particular election offense and ground for
Respondents. disqualification imputed on respondent must necessarily
be committed within forty-five (45) days before a regular
G.R. No. 210580, election and within thirty (30) days before a special
April 18, 2018 - election. Meanwhile, the window for filing a Petition for
REPUBLIC OF THE Disqualification raising the same ground is between the
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PHILIPPINES, day after the filing of a certificate of candidacy until the

Petitioner, v. date of proclamation, which in the advent of automated
LUDYSON C. elections could only take less than a week for local posts.
CATUBAG, Through its ruling, the COMELEC then effectively
Respondent. required petitioner to secure against Nieto a final
judgment of guilt within the very limited timeframe, an
G.R. Nos. 201225- almost impossible feat under the normal course of legal
26 (From CTA-EB Nos. procedure.
649 & 651), April 18,
2018 - TEAM SUAL We are, therefore, constrained to rule that the COMELEC
CORPORATION erred when, relying on Poe, it imposed the requirement
(FORMERLY MIRANT of a prior court judgment before resolving the current
SUAL CORPORATION), controversy.
Petitioner, v.
COMMISSIONER OF The records are bereft of evidence to hold that
INTERNAL REVENUE, respondent violated Secs. 261(v) and 104 of the
Respondent.; G.R. No. Omnibus Election Code
201132 (From CTA-EB
No. 651), April 18, Notwithstanding the COMELEC's error in applying Poe,
2018; the petition must nevertheless fail. Though the COMELEC
COMMISSIONER OF can properly take cognizance of the Petition for
INTERNAL REVENUE, Disqualification without issue, petitioner miserably failed
Petitioner, v. TEAM to tender evidence that respondent committed the
SUAL CORPORATION election offenses imputed.
(FORMERLY MIRANT
SUAL CORPORATION), The quantum of proof necessary in election cases is
Respondent.; G.R. No. substantial evidence, or such relevant evidence as a
201133 (From CTA-EB reasonable mind will accept as adequate to support a
No. 649), April 18, conclusion.34 Corollarily, the rule is that he who alleges
2018;
must prove.35 Thus, the burden is on Francisco to
COMMISSIONER OF
establish through substantial evidence that Nieto
INTERNAL REVENUE,
unlawfully disbursed government funds during the
Petitioner, v. TEAM
election ban, a burden that Francisco failed to discharge.
SUAL CORPORATION
(FORMERLY MIRANT
There is simply a dearth of evidence to support
SUAL CORPORATION),
petitioner's claim that respondent violated Sec. 261(v) of
Respondent.
the OEC. To be sure, petitioner merely submitted the
following to support his allegations:

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G.R. No. 197930, 1. Pictures of the asphalt-paving along

April 17, 2018 - Imelda Avenue of Cainta Green Park
EFRAIM C. GENUINO, Village, Barangay San Isidro, Cainta,
ERWIN F. GENUINO Rizal;
AND SHERYL G. SEE,
Petitioners, v. HON. 2. Picture of the Facebook page of the
LEILA M. DE LIMA, IN respondent acknowledging the project
HER CAPACITY AS as one of the accomplishments of his
SECRETARY OF administration; and
JUSTICE, AND
RICARDO V. PARAS 3. Picture of a tarpaulin banner expressing
III, IN HIS CAPACITY gratitude for the asphalt-paving.
AS CHIEF STATE
COUNSEL, CRISTINO The photographs36 petitioner presented depicting the

L. NAGUIAT, JR. AND construction and works done on the asphalting project
would only prove the fact of paving, which is not even
THE BUREAU OF
contested. They do not, however, establish that
IMMIGRATION,
respondent expended public funds or made financial
Respondents.; G.R.
contributions during the election prohibition.
No. 199034, April 17,
2018 - MA. GLORIA
On the other hand, respondent Nieto sufficiently parried
MACAPAGAL-ARROYO,
the alleged commission of the election offenses by
Petitioner, v. HON.
proving that the asphalting project squarely falls under
LEILA M. DE LIMA, AS
the exception in Sec. 261 (v)(l)(b). The provision states:
SECRETARY OF THE
DEPARTMENT OF
v. Prohibition against release,
JUSTICE AND
disbursement or expenditure of public
RICARDO A. DAVID,
funds. - Any public official or
JR., AS
employee including barangay officials
COMMISSIONER OF
and those of government-owned or
THE BUREAU OF
controlled corporations and their
IMMIGRATION,
subsidiaries, who, during forty-five
Respondents.; G.R.
days before a regular election and
No. 199046, April 17,
thirty days before a special election,
2018 - JOSE MIGUEL
releases, disburses or expends any
T. ARROYO, Petitioner,
public funds for:
v. HON. LEILA M. DE
LIMA, AS SECRETARY
OF THE DEPARTMENT 1. Any and all kinds of public
OF JUSTICE AND works, except the following:

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RICARDO V. PARAS
III, AS CHIEF STATE xxxx

COUNSEL,
DEPARTMENT OF b. Work undertaken by
JUSTICE AND contract through public
RICARDO A. DAVID, bidding held, or by
JR., IN HIS CAPACITY negotiated contract
AS COMMISSIONER, awarded, before the
BUREAU OF forty-five day period
IMMIGRATION, before election:
Respondents. Provided, That work for the
purpose of this section
G.R. No. 210475, undertaken under the so-
April 11, 2018 - called "takay" or "paquiao"
RAMON K. ILUSORIO, system shall not be
MA. LOURDES C. considered as work by
CRISTOBAL, ROMEO contract; (emphasis
G. RODRIGUEZ, added)
EDUARDO C. ROJAS,
CESAR B. CRISOL, The Court is in concurrence with the observations of
VIOLETA J. JOSEF, Commissioners Luie Tito F. Guia and Ma. Rowena Amelia
ERLINDA K. V. Guanzon that the evidence on record sufficiently
ILUSORIO, SHEREEN proved that the expenditure for the road repair is
K. ILUSORIO, AND exempted from the prohibition under Sec. 261(v) of the
CECILIA A. BISUÑA, OEC. Private respondent Nieto was able to show with
Petitioners, v. SYLVIA competent evidence that the bidding for and the award
K. ILUSORIO, of the subject project were regular and done consistent
Respondent. with existing laws. The charge for illegal contribution
under Sec. 104 of the OEC has even less leg to stand on.
G.R. No. 232247, There was no contribution to speak of since it was
April 23, 2018 - established that the asphalting work was a government
PEOPLE OF THE project and not a contribution.
PHILIPPINES, Plaintiff-
Appellee, v. RONILLO Notably, private respondent adduced the following pieces
LOPEZ, JR. Y of evidence to support his contention:
MANTALABA @
1. A copy of the posting of the project in
"DODONG", Accused-
the Philippine Government Electronic
Appellant.
Procurement System (PHILGEPS)

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G.R. No. 226481, website.37 This indicates that the Bid

April 18, 2018 - Notice Abstract and Invitation to Bid for
PEOPLE OF THE the subject project were posted on the
PHILIPPINES, Plaintiff- website on February 25, 2016;
Appellee, v. JAYCENT
MOLA Y SELBOSA 2. A certified true copy of the Abstract of
A.K.A. "OTOK",
Bids38 attested by the members of the
Accused-Appellant.
Bids and Awards Committee, indicating
that the bidding for the asphalting
G.R. No. 222861,
project was held on March 15, 2016;
April 23, 2018 - PO2
JESSIE FLORES Y DE
3. A certified true copy of the Notice of
LEON, Petitioner, v.
Award39 stating that, on March 21,
PEOPLE OF THE
2016, the project was awarded in favor
PHILIPPINES,
of the winning bidder, contractor
Respondent.
Franzcor Trading and Construction;

G.R. No. 214886,

4. A letter40 dated March 21, 2016 filed by
April 04, 2018 -
respondent Nieto with the Acting
PEOPLE OF THE
Regional Election Director of COMELEC
PHILIPPINES, Plaintiff-
in Region IV-A submitting to the
Appellee, v. BERNIE
Commission the list of the infrastructure
CONCEPCION,
projects bid out, including the
Accused-Appellant.
asphalting project, which were awarded
before March 25, 2016, the reckoning
G.R. No. 195320,
date of the forty-five day prohibition
April 23, 2018 -
period and
BUREAU OF INTERNAL
REVENUE,
REPRESENTED BY THE 5. A certification41 from the Election

COMMISSIONER OF Officer of the COMELEC Region IV-A

INTERNAL REVENUE, office acknowledging receipt of the

Petitioner, v. HON. letter.

ERNESTO D. ACOSTA,
To cast doubt on the sufficiency of respondent Nieto's
ET AL. OF THE
evidence, petitioner Francisco points out that the followin
SPECIAL FIRST
g were never offered in evidence: (a) an ordinance
DIVISION OF THE
enacted by the Sangguniang Bayan of Cainta authorizing
COURT OF TAX
the P6,000,000.00 expenditure for the project, (b) a
APPEALS AND
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CHEVRON certification from the proper accounting official that there

PHILIPPINES, INC. is an appropriation by law of such am ou nt and that the
(FORMERLY CALTEX fund is available, and (c) an affidavit from the editor or
PHILIPPINES, INC.), publisher of a newspaper of general circulation that the
Respondents. Invitation to Bid had been published. However, petitioner
is not excused from shifting the burden of proof to
G.R. No. 195962, private respondent, especially since the latter has the
April 18, 2018 - presumption of regularity in his favor.42 bolstered by
PRESIDENTIAL evidence proving that the project was contracted outside
COMMISSION ON the period of prohibition.
GOOD GOVERNMENT,
Petitioner, v. OFFICE There being substantial evidence to support Nieto's
OF THE OMBUDSMAN, defense that the construction procurement for t he
PLACIDO L. MAPA, project was aboveboard, there is then no reason to
JR., RECIO M. disturb public respondent's rulings. No abuse of
GARCIA, LEON O. TY, discretion, let alone one that is grave, can be attributed
JOSE R. TENGCO, JR., to the COMELEC Second Division in dismissing the
ALEJANDRO Petition for Disqualification, nor to the COMELEC En Banc
MELCHOR, VICENTE in denying petitioner's motion for reconsideration.
PATERNO, RUBEN
ANCHETA, RAFAEL WHEREFORE, premises considered, the instant petition
SISON, HILARION M. is DISMISSED for lack of merit. The Court declares
HENARES, JR., that in a Petition for Disqualification under Section
CARMELINO G. 68 of the Omnibus Election Code, a prior judgment
ALVENDIA AND by a competent court that the candidate is guilty of
GENEROSO F. an election offense is not required before the said
TENSECO, petition can be entertained or given due course by
Respondents. the Commission on Elections.

G.R. No. 230473, SO ORDERED.

April 23, 2018 -
SEACREST MARITIME Sereno, C. J., on leave.
MANAGEMENT, INC.
Carpio,**Leonardo-De Castro, Peralta, Bersamin, Del
AND/OR HERNING
Castillo, Perlas-Bernabe, Leonen, Jardeleza, Caguioa,
SHIPPING ASIA PTE.
Martires, Tijam, Reyes, Jr., and Gesmundo, JJ., concur.
LTD., Petitioners, v.
ALMA Q. RODEROS,
AS WIDOW AND
LEGAL HEIR OF NOTICE OF JUDGMENT

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FRANCISCO
RODEROS, Sirs/Mesdames:
Respondent.
Please take notice that on April 24, 2018 a
A.M. No. P-18-3833 Decision/Resolution, copy attached herewith, was
(Formerly OCA IPI No. rendered by the Supreme Court in the above-entitled
14-4370-P), April 16, case, the original of which was received by this Office on
2018 - JULIUS E. June 27, 2018 at 3:30 p.m.
PADUGA,
Complainant, v.
Very truly yours,
ROBERTO "BOBBY" R.
DIMSON, SHERIFF IV,
(SGD)
REGIONAL TRIAL
COURT OF EDGAR O. ARICHETA
VALENZUELA CITY,
BRANCH 171, Clerk of Court

Respondent.

G.R. No. 226656, Endnotes:

April 23, 2018 -

ARNEL T. GERE, ** Acting Chief Justice.
Petitioner, v. ANGLO-
EASTERN CREW 1Rollo, pp. 23 28.
MANAGEMENT PHILS.,
INC. AND/OR ANGLO- 2Section 261. Prohibited Acts. - The
EASTERN CREW
following shall be guilty of an election
MANAGEMENT (ASIA),
offense:
LTD., Respondents.;
G.R. No. 226713, April
xxxx
23, 2018 - ANGLO-
EASTERN CREW
v. Prohibition against release, disbursement
MANAGEMENT PHILS.,
or expenditure of public funds. - Any public
INC. AND/OR ANGLO-
official or employee including bnrangay
EASTERN CREW
officials and those of government-owned or
MANAGEMENT (ASIA),
controlled corporations and their subsidiaries,
LTD., Petitioners, v.
who, during forty-five days before a regular
ARNEL T. GERE,
election and thirty days before a special
Respondent.
election, releases, disburses or expends any

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G.R. No. 213994, public funds for:

April 18, 2018 -
MARGIE SANTOS 1. Any and all kinds of public works x x x
MITRA, Petitioner, v.
PERPETUA L. 3 Sec. 104. Prohibited donations by
SABLAN-GUEVARRA, candidates, treasurers of parties or their
REMEGIO L. SABLAN, agents. - No candidate x x x shall during the
ET AL., Respondents. campaign period. x x x directly or indirectly,
make any donation, contribution or gift in
G.R. No. 200256, cash or in kind, or undertake or contribute to
April 11, 2018 - the construction or repair of roads, bridges,
REPUBLIC OF THE school buses, puericulture centers. medical
PHILIPPINES, clinics and hospitals, churches or chapels
Petitioner, v. cement pavements, or any structure for
NORTHERN CEMENT public use or for the use of any religious or
CORPORATION, civic organization. x x x
Respondent.

4Rollo, pp. 87-92.

G.R. No. 193499,
April 23, 2018 -
5 Id. at 91-92.
BANCO DE ORO
UNIBANK, INC.,
6 G.R. Nos. 221697 & 221698-700, March 8,
Petitioner, v. VTL
2016.
REALTY, INC.,
Respondent.
7Rollo, p. 27.

G.R. No. 222070,

8 Id. at 4.
April 16, 2018 -
EMMANUEL M. LU,
ROMMEL M. LU, 9 G.R. No. 184915, June 30, 2009.
CARMELA M. LU,
KAREN GRACE P. LU 10 G.R. No. 141524, September 15, 2005,
AND JAMES MICHAEL
469 SCRA 633.
LU, Petitioners, v.
MARISSA LU CHIONG 11Lapid v. Laurea, G.R. No. 139607, October
AND CRISTINA LU NG,
28, 2002.
Respondents.

12 See <https://www.comelec.gov.ph/?

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A.M. No. 17-12- r=AboutCOMELEC/CitizcnsChartcr/HistoryofCOMELEC>

135-MeTC, April 16,
2018 - RE: DROPPING 13 Id.
FROM THE ROLLS OF
MR. ARNO D. DEL 14Mendoza v. Cmnmission on Election, G.R.
ROSARIO, COURT
No. 188308, October 15, 2009.
STENOGRAPHER II,
BRANCH 41,
15 Supra note 14.
METROPOLITAN TRIAL
COURT (METC),
16 Id.
QUEZON CITY.

17 Id.
G.R. No. 228890,
April 18, 2018 -
18 G.R. No. 195229, October 9, 2012.
PEOPLE OF THE
PHILIPPINES, Plaintiff-
Appellee, v. BASHER 19 G.R. No. 195649, April 16, 2013.
TOMAWIS Y ALI,
Accused-Appellant. 20 G.R. No. 205136, December 2, 2014.

G.R. No. 227982, 21 Id.

April 23, 2018 -
MARIO DIESTA
22 Poe's status as a natural-born Filipino was
BAJARO, Petitioner, v.
establishcd through the intent of the framers
METRO STONERICH
of the 1935 Constitution, presumptions, and
CORP., AND/OR
generally accepted principles of international
IBRAHIM M. NUÑO,
law. Meanwhile, her compliance with the
Respondents.
residency requirement was founded on case
law and evidence.
G.R. No. 171101,
April 24, 2018 -
23 a. SPA No. 15-001(DC) was a petition filed
HACIENDA LUISITA
INCORPORATED, by Estrella Elamparo to deny due course or

PETITIONER, LUISITA cancel Poe's COC on the ground Poe allegedly

INDUSTRIAL PARK committed material misrepresentation in

CORPORATION AND indicting in her COC that she is a natural-born

RIZAL COMMERCIAL Filipino and a resident of the Philippines for at

BANKING least ten (10) years and eleven (11) months

CORPORATION, up to the day before the May 9, 2016

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3/18/2020 G.R. No. 230249, April 24, 2018 - ATTY. PABLO B. FRANCISCO, Petitioner, v. COMMISSION ON ELECTIONS AND ATTY. JOHNIELLE KEITH…

Petitioners-in- elections;
Intervention, v.
PRESIDENTIAL b. SPA No. 15-002(DC) was a petition to
AGRARIAN REFORM disqualify filed by Francisco S. Tatad, alleging
COUNCIL; SECRETARY that Poe lacks the requisite citizenship and
NASSER residency to qualify her for the presidency.
PANGANDAMAN OF Though denominated as a petition to
THE DEPARTMENT OF disqualify, the grounds relied upon were not
AGRARIAN REFORM; those enumerated in either Sections 12 or 68
ALYANSA NG MGA of the OEC;
MANGGAGAWANG
BUKID NG HACIENDA c. SPA No. 15-007(DC) was a petition filed by
LUISITA, RENE Antonio P. Contreras to cancel Poe's COC on
GALANG, NOEL the ground that she allegedly did not possess
MALLARI, AND JULIO the ten-year residency required for the
SUNIGA AND HIS candidacy; and
SUPERVISORY GROUP
OF THE HACIENDA d. SPA No. 15-139(DC) was a petition filed by
LUISITA, INC. AND Amado D. Valdez to deny de course or cancel
WINDSOR ANDAYA, the COC of Poe, alleging that her repatriation
Respondents. did not bestow upon her the status of a
natural-born citizen, and that she could not
have established her residence in the country
prior to her repatriation.

24Fermin v. COMELEC, 595 Phil. 449 (2008).

25Ejercito v. COMELEC, G.R. No. 212398,

November 25, 2014.

26Villafuerte v. COMELEC, G.R. No. 206698,

February 25, 2014.

27Section 74. Contents cf certificate of

candidacy. - The certificate of candidacy shall
state that the person filing it is announcing
his candidacy for the office stated therein and
that he is eligible for said office; if for

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3/18/2020 G.R. No. 230249, April 24, 2018 - ATTY. PABLO B. FRANCISCO, Petitioner, v. COMMISSION ON ELECTIONS AND ATTY. JOHNIELLE KEITH…

Member of the Batasang Pambansa, the

province, including its component cities,
highly urbanized city or district or sector
which he seeks to represent; the political
party to which he belongs; civil status; his
date of birth; residence; his post office
address for all election purposes; his
profession or occupation; that he will support
and defend the Constitution of the Philippines
and will maintain true faith and allegiance
thereto; that he will obey the laws, legal
orders, and decrees promulgated by the duly
constituted authorities; that he is not a
pennancnt resident or immigrant to a foreign
country; that the obligation imposed by his
oath is assumed volu ntarily, without mental
reservation or purpose of evasion; and that
the facts stated in the certificate of candidacy
are true to the best of his knowledge.

28Villafuerte v. COMELEC, supra note 26.

29Sabili v. COMELEC, G.R. No. 193261, April

24, 2012.

30 Supra note 25.

31 G.R. No. 125629, March 25, 1998.

32 G.R. No. 164858, November 16, 2006.

33 Supra note 32.

34 Section 5, Rule 133 of the Rules of Court.

35Lim v. Equitable PCI Bank, G.R. No.

183918, January 15, 2014.

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3/18/2020 G.R. No. 230249, April 24, 2018 - ATTY. PABLO B. FRANCISCO, Petitioner, v. COMMISSION ON ELECTIONS AND ATTY. JOHNIELLE KEITH…

36Rollo, pp. 43-46.

37 Id. at 58.

38 Id. at 59.

39 Id. at 60.

40 Id. at 62.

41 Id. at 61.

42Rule 131, Section 3. Disputable

presumptions. - The following presumptions
nrc satisfactory if uncontradicted.but may be
contradicted and overcome by other
evidence:

xxxx

(m) That official duty hns been regularly

performed.

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