G.R. No. L-53460 May 27, 1983
THE PROVINCIAL CHAPTER OF LAGUNA, NACIONALISTA PARTY (NP), petitioner, vs. COMMISSION ON ELECTIONS and FELICISIMO T. SAN LUIS, respondents.

FACTS

Petitioner, the Provincial Chapter of the Nacionalista Party, filed a petition (PDC No. 165) with the COMELEC on January 18, 1980, seeking to disqualify private respondent Felicisimo T. San Luis from running as the Kilusang Bagong Lipunan (KBL) candidate for Governor of Laguna in the January 30, 1980 elections. The ground was “turncoatism,” alleging a violation of Section 10, Article XII-C of the 1973 Constitution, which prohibits an elective official from changing party affiliation during his term. San Luis was elected Governor in 1971 as a Liberal Party candidate, a term that would have ordinarily expired on December 31, 1975. The COMELEC set the case for a joint hearing with a similar petition. The petitioner alleged a denial of due process, claiming no formal hearing was conducted with commissioners present, only a staff member who directed the submission of exhibits and memoranda.
The COMELEC, in its Resolution No. 9188 dated February 21, 1980, dismissed the petition for disqualification, finding that the petitioner failed to present sufficient evidence against San Luis. The petitioner then filed this certiorari action, challenging the validity of the COMELEC proceedings and the dismissal resolution as contrary to the Constitution and Batas Pambansa Blg. 52.

ISSUE

The primary issues are: (1) Whether the COMELEC proceedings denied the petitioner due process; and (2) Whether private respondent San Luis violated the constitutional prohibition on party-switching.

RULING

The Supreme Court dismissed the petition, upholding the COMELEC’s resolution. On the procedural issue, the Court found no denial of due process. The essence of due process in administrative bodies like the COMELEC is the opportunity to be heard. The records showed that both parties were given the chance to submit their evidence, annexes, and memoranda. The petitioner actively participated by filing its petition, attending the scheduled hearing, and submitting its memorandum. The absence of a formal hearing with oral testimony and cross-examination, or the non-attendance of commissioners, does not per se constitute a denial of due process, especially when the parties were afforded a reasonable opportunity to present their case in writing.
On the substantive issue of turncoatism, the Court ruled that the constitutional prohibition under Section 10, Article XII-C did not apply to San Luis. The provision prohibits an elective official from changing party affiliation “during his term of office.” San Luis was elected in 1971 under the Liberal Party for a term ending December 31, 1975. His candidacy under the KBL in 1980 occurred more than four years after the expiration of that original elective term. The period from 1975 to 1980, during which he continued in office, was not by virtue of his 1971 election but by operation of law allowing local officials to hold over “at the pleasure of the President.” The constitutional ban is intended to apply to the term for which the official was originally elected. To extend the prohibition beyond that term would work injustice and unduly restrict the fundamental right of association, especially for officials whose original parties, like the Liberal Party, had ceased to actively participate in subsequent elections. The COMELEC correctly found insufficient evidence of a violation.