GR 136587; (August, 1999) (Digest)
G.R. No. 136587 , August 30, 1999
ERNESTO “BIBOT” A. DOMINGO, JR., petitioner, vs. COMMISSION ON ELECTIONS and BENJAMIN “BENHUR” D. ABALOS, JR., respondents.
FACTS
Petitioner Ernesto Domingo, Jr. and private respondent Benjamin Abalos, Jr. were mayoralty candidates in Mandaluyong City in the May 11, 1998 elections. After Abalos, Jr.’s proclamation, Domingo filed a petition for disqualification before the COMELEC. The petition alleged that during the campaign period, Abalos, Jr. “prodded” his father, then incumbent Mayor Benjamin Abalos, Sr., to give “substantial allowances” (a hazard pay of P1,000 and a food allowance of P500, in addition to an existing P1,500 allowance) to public school teachers appointed as chairpersons and members of the Boards of Election Inspectors (BEIs) for Mandaluyong City. This allegation was based on an incident during a “Pasyal-Aral” outing for teachers on April 14, 1998, where Mayor Abalos, Sr. made the announcement and stated, referring to Abalos, Jr., “Your President… together with Benhur, walang tigil ‘yan kakapunta sa akin…” Petitioner submitted a videotape of the event, photographs of a streamer, and affidavits from three teachers. He argued this constituted a violation of Section 68(a) of the Omnibus Election Code (giving material consideration to influence public officials performing electoral functions). The COMELEC First Division dismissed the petition for insufficiency of evidence and lack of merit, and the COMELEC En Banc affirmed. Petitioner then filed this special civil action for certiorari, arguing the COMELEC violated his due process rights and acted with grave abuse of discretion by dismissing the petition without a hearing and despite his “overwhelming” evidence. Private respondent raised procedural issues of forum-shopping and late filing.
ISSUE
1. Whether the COMELEC committed grave abuse of discretion and violated petitioner’s right to due process by dismissing the petition for disqualification without a hearing and for insufficiency of evidence.
2. Procedural issues: (a) Whether petitioner is guilty of forum-shopping; (b) Whether the petition for certiorari was filed on time.
RULING
1. On Procedural Issues:
* Forum-shopping: The Court ruled there was no forum-shopping. The petition for disqualification and a separate criminal complaint for an election offense, while involving similar charges, are different proceedings. The disqualification case is an administrative proceeding requiring a preponderance of evidence to determine fitness for office, while the criminal case requires proof beyond reasonable doubt to establish guilt.
* Timeliness of the Petition: The Court found that the petition for certiorari was filed late. The filing of a motion for reconsideration with the COMELEC interrupts the 30-day period to file with the Supreme Court. Petitioner had consumed 7 days of that period before filing his motion. Upon receiving the COMELEC En Banc Resolution on December 4, 1998, he had 23 days left, or until December 27, 1998, to file. The petition was filed on January 4, 1999, and was therefore tardy.
2. On the Merits (Due Process and Grave Abuse of Discretion):
* Due Process: The Court held there was no violation of due process. The essence of due process is an opportunity to be heard, which can be accorded through pleadings. Petitioner was able to file his petition, present evidence, and file a motion for reconsideration, which gave him ample opportunity to be heard.
* Grave Abuse of Discretion / Sufficiency of Evidence: The Court found no grave abuse of discretion in the COMELEC’s dismissal of the petition for insufficiency of evidence. The Court agreed with the COMELEC’s assessment that the evidence failed to prove that Abalos, Jr. influenced the teachers. The statement of Mayor Abalos, Sr. did not conclusively show that Abalos, Jr. “prodded” him to grant allowances for the purpose of influencing the BEIs. The allowances were granted by the local government, and the authority to grant additional allowances to teachers is recognized under the Local Government Code and a Joint Circular from the DBM and DECS. The COMELEC also noted that petitioner attempted to mislead it with false statements. The burden of proof lies with the petitioner, and he failed to present clear and convincing evidence to warrant Abalos, Jr.’s disqualification.