Case Digest (G.R. No. 140850-51)
Facts:
- Eugenio "Jing-Jing" Faelnar filed a certificate of candidacy for Barangay Chairman of Barangay Guadalupe, Cebu City, for the May 12, 1997 elections.
- A basketball tournament named "2nd JING-JING FAELNAR'S CUP" was organized from April 9 to April 30, 1997.
- Antonio Luy filed a complaint against Faelnar and Cecilio Gillamac, alleging unlawful campaign activity outside the official campaign period.
- Luy claimed Faelnar's name was prominently featured during the tournament, including announcements and advertisements, with raffle prizes sponsored by Gillamac.
- An initial investigation recommended dismissing the charges, but the COMELEC Law Department suggested filing charges.
- On September 16, 1997, COMELEC issued Resolution No. 97-3040, dismissing the case.
- Following Luy's motion for reconsideration, COMELEC reversed its decision and ordered charges against Faelnar and Gillamac.
- Faelnar moved to quash the information, arguing the dismissal resolution was executory and could not be reconsidered.
- The trial court denied his motion on July 29, 1999, and a subsequent motion for reconsideration was denied on October 4, 1999.
- Faelnar then filed a petition for certiorari.
Issue:
- (Unlock)
Ruling:
- The Supreme Court denied Faelnar's petition for certiorari, affirming the trial court's orders that denied his motion to quash the informations.
- The Court held that COMELEC's Resolution No. 98-2914, directing the filing of charges against Faelnar, was valid and binding.
- Faelnar failed to seek annulment of the resolution within the prescri...(Unlock)
Ratio:
- The Supreme Court emphasized the importance of following legal procedures and the finality of COMELEC resolutions.
- The Court clarified that the dismissal resolution was not immediately fi...continue reading
Case Digest (G.R. No. 140850-51)
Facts:
The case of Faelnar v. People (G.R. Nos. 140850-51) involves Eugenio "Jing-Jing" Faelnar, who filed a certificate of candidacy for Barangay Chairman of Barangay Guadalupe, Cebu City, for the elections scheduled on May 12, 1997. Following his declaration of candidacy, a basketball tournament named the "2nd JING-JING FAELNAR'S CUP" was organized, running from April 9 to April 30, 1997, at the Guadalupe Sports Complex. This event led to a complaint filed by Antonio Luy against Faelnar and Cecilio Gillamac, alleging that the tournament was an unlawful campaign activity outside the official campaign period, which commenced on May 1, 1997, in violation of the Omnibus Election Code. Luy claimed that Faelnar's name was prominently featured during the tournament, including announcements over the microphone and advertisements in local newspapers, with raffle prizes sponsored by Gillamac. An initial investigation by Atty. Edwin Cadungog, the election officer, recommended dismissing the charges against Faelnar and Gillamac. However, the Law Department of the Commission on Elections (COMELEC) recommended filing charges against them. On September 16, 1997, the COMELEC en banc issued Resolution No. 97-3040, dismissing the case. Following a motion for reconsideration by Luy, the COMELEC reversed its decision and ordered the filing of informations against Faelnar and Gillamac, leading to formal charges in the Regional Trial Court of Cebu City under Criminal Cases Nos. CBU-49941 and CBU-49942. Faelnar moved to quash the information or so...