GR 52527; (September, 1980) (Digest)
G.R. No. L-52527 September 4, 1980
NENA S. POTENCION, petitioner, vs. THE COMMISSION ON ELECTIONS, respondent.
FACTS
This case originated from the January 30, 1980 local elections for Governor of Aurora. Luis S. Etcubañez, the Kilusang Bagong Lipunan (KBL) candidate, obtained 19,533 votes, defeating Nacionalista candidate Estrello T. Ong (16,877 votes) and independent candidate Nena S. Potencion (3,899 votes). Prior to the election and proclamation, petitions for Etcubañez’s disqualification were filed with the COMELEC by Rodolfo G. Gonzales and Estrello T. Ong. The petitions alleged that Etcubañez, elected as Lt. Governor under the Liberal Party ticket in 1971, violated the constitutional ban on changing political party affiliation by joining the KBL.
On February 4, 1980, the COMELEC issued a resolution dismissing the disqualification petition of Gonzales. The COMELEC reasoned that Etcubañez had effectively joined the KBL in 1978 when he served as its campaign manager for the Interim Batasang Pambansa elections, and that the Liberal Party could be deemed “inexistent” for failing to nominate candidates in the 1978 and 1980 elections. Based on this resolution, the COMELEC ordered the immediate proclamation of Etcubañez as Governor-elect, which was promptly carried out. Petitioner Potencion subsequently filed this petition, challenging the COMELEC’s action.
ISSUE
Whether the Commission on Elections acted with grave abuse of discretion in dismissing the disqualification petition and ordering the proclamation without conducting a hearing.
RULING
Yes. The Supreme Court ruled that the COMELEC committed a denial of due process by dismissing the disqualification petition without a hearing. The Court emphasized that the constitutional and statutory issue of disqualification on grounds of turncoatism demands a full-dress hearing where parties can present evidence and be heard. Citing Pimentel v. Commission on Elections, the Court held that the right to be heard is a cardinal requirement of procedural due process, which the COMELEC disregarded.
The Court further clarified that the present proceeding could no longer be treated as a pre-proclamation controversy, as the proclamation had already occurred. Following the precedent in Venezuela v. Commission on Elections, the proper remedy was to remand the case to the COMELEC for a hearing on the merits. The Court directed that the petition be treated by the COMELEC either as a regular election protest or a quo warranto proceeding based on the ineligibility of Luis S. Etcubañez, who must be impleaded as a private respondent. This disposition is in accordance with the 1978 Election Code, which vests in the COMELEC the sole authority to judge contests relating to the qualifications of elective provincial officials. The petition was thus remanded to the COMELEC for proper proceedings.