G.R. No. L-52781 and 53658 February 16, 1983
ANASTACIO C. GOMEZ, petitioner, vs. COMMISSION ON ELECTIONS and GENEROSO TRIESTE, SR., respondents.

FACTS

In the January 30, 1980 local elections, Anastacio C. Gomez and Generoso Trieste, Sr. were candidates for Municipal Mayor of Numancia, Aklan. On January 18, 1980, a voter filed a petition with the COMELEC to disqualify Gomez on grounds of “turn-coatism,” alleging he was the Kilusang Bagong Lipunan (KBL) municipal chairman within six months before the election but filed his certificate of candidacy under the Nacionalista Party, violating constitutional and statutory provisions. Gomez countered that he remained a Nacionalista since 1971 and was designated KBL chairman when it was merely an umbrella organization, not a formal party.
On January 28, 1980, the COMELEC issued Resolution No. 8529, granting the disqualification petition and cancelling Gomez’s certificate of candidacy without a formal hearing. On election day, votes for Gomez were considered stray, leading to Trieste’s proclamation with 3,753 votes, though an unofficial tally showed Gomez leading with 3,908 votes. Gomez moved for reconsideration, arguing denial of due process, but the COMELEC did not act, prompting him to file G.R. No. 52781 before the Supreme Court.

ISSUE

Whether the COMELEC acted with grave abuse of discretion in disqualifying Gomez without affording him due process.

RULING

Yes. The Supreme Court held that COMELEC Resolution No. 8529 was issued arbitrarily and is void for violating Gomez’s right to due process. The COMELEC’s quasi-judicial power to disqualify a candidate mandates adherence to cardinal due process requirements, particularly the right to a hearing where a party can present evidence. Citing Ang Tibay v. Court of Industrial Relations and Gonzales v. COMELEC, the Court emphasized that a hearing is essential for fair play, and its absence renders an administrative order invalid. The Solicitor General’s argument that a formal hearing is unnecessary in administrative cases was rejected, as due process in disqualification proceedings requires an opportunity to be heard.
However, the Court dismissed the petitions. Since Trieste had already been proclaimed and Gomez had filed an electoral protest in the Court of First Instance of Aklan, the disqualification issue should be resolved within that protest, in line with the doctrine in Arcenas v. COMELEC that pre-proclamation controversies become non-viable post-proclamation. Remanding the case to COMELEC was deemed unnecessary to avoid delay, with the proper forum being the election protest.