G.R. No. 125629 March 25, 1998
MANUEL C. SUNGA, petitioner, vs. COMMISSION ON ELECTIONS and FERDINAND B. TRINIDAD, respondents.

FACTS

Petitioner Manuel C. Sunga and private respondent Ferdinand B. Trinidad were candidates for Mayor of Iguig, Cagayan, in the 8 May 1995 elections. On 22 April 1995 and 7 May 1995, Sunga filed letter-complaints with the COMELEC accusing Trinidad of election offenses, including the use of government vehicles in his campaign (violating Sec. 261(o) of the Omnibus Election Code) and threats/intimidation (violating Sec. 261(e)). An Amended Petition consolidating these charges, including vote-buying, was filed on 11 May 1995, docketed as SPA No. 95-213. The COMELEC 2nd Division referred the complaint to its Law Department for investigation. Trinidad was proclaimed the elected mayor. The COMELEC Law Department later recommended filing criminal informations against Trinidad and also recommended recalling his proclamation and proclaiming Sunga as mayor. The COMELEC En Banc approved the filing of four informations in the Regional Trial Court. However, the COMELEC 2nd Division, applying COMELEC Resolution No. 2050, dismissed the disqualification petition on 17 May 1996, a ruling affirmed by the COMELEC En Banc on 30 July 1996. The COMELEC held that under Resolution No. 2050, a disqualification case filed before an election but unresolved thereafter, or filed after the election, must be dismissed as a disqualification case and referred only for preliminary investigation.

ISSUE

Whether the COMELEC committed grave abuse of discretion in dismissing the disqualification case against private respondent Ferdinand B. Trinidad pursuant to COMELEC Resolution No. 2050.

RULING

Yes, the COMELEC committed grave abuse of discretion. The Supreme Court annulled and set aside the COMELEC resolutions. The Court held that COMELEC Resolution No. 2050, which mandates the outright dismissal of a disqualification case filed before the election but unresolved after the election, contravenes Section 6 of Republic Act No. 6646 (The Electoral Reforms Law of 1987). Section 6 explicitly requires the COMELEC to continue hearing and decide the disqualification case even after the election. The COMELEC’s power to disqualify candidates is distinct from its power to prosecute election offenses. The fact that a candidate has been proclaimed and has assumed office does not deprive the COMELEC of its jurisdiction to disqualify him. The Court further ruled that the Amended Petition related back to the dates of the initial letter-complaints filed before the election, and procedural defects like non-payment of docket fees were not fatal. However, the Court clarified that if Trinidad is ultimately disqualified, the resulting permanent vacancy shall be filled by the duly elected Vice-Mayor pursuant to Section 44 of the Local Government Code ( R.A. No. 7160 ), and not by petitioner Sunga. The COMELEC was ordered to reinstate SPA No. 95-213 and act on the disqualification case.