Case Digest (G.R. No. 230249)
Facts:
In Atty. Pablo B. Francisco v. Commission on Elections and Atty. Johnielle Keith P. Nieto (G.R. No. 230249, April 24, 2018), petitioner Pablo B. Francisco, a registered voter of Cainta, Rizal, filed on April 8, 2016 a Petition for Disqualification (SPA 16-062[DC]) with the COMELEC Second Division against incumbent Cainta Mayor Johnielle Keith P. Nieto. Francisco alleged that Nieto committed an election offense under Sections 261(v) and 104 of the Omnibus Election Code by expending public funds for asphalt-paving along Imelda Avenue on April 1-2, 2016—i.e., within 45 days prior to the May 2016 polls. Nieto answered that the project was let out to public bidding on March 15, 2016 with Notice of Award on March 21, 2016, thus falling within the statutory bidding exception. After marking evidence and filing memoranda, the Second Division dismissed the disqualification petition on August 16, 2016, citing Poe-Llamanzares v. COMELEC and ruling that a prior final judgment was necessary tCase Digest (G.R. No. 230249)
Facts:
- Nature of the Case and Parties
- G.R. No. 230249, April 24, 2018: Petition for certiorari under Rule 64 (in relation to Rule 65) seeking to nullify the COMELEC En Banc Resolution of February 2, 2017 in SPA 16-062(DC).
- Petitioner: Atty. Pablo B. Francisco, registered voter of Cainta, Rizal. Respondents: Commission on Elections (public respondent) and Atty. Johnielle Keith P. Nieto, incumbent mayor of Cainta and candidate in the 2016 elections.
- Disqualification Petition and Preliminary Proceedings
- On April 8, 2016, Francisco filed a Petition for Disqualification (SPA 16-062(DC)) against Nieto, alleging that on April 1-2, 2016 Nieto caused the expenditure of public funds for asphalt-paving along Imelda Avenue in violation of Sec. 261(v) and made illegal contributions under Sec. 104 of the Omnibus Election Code (OEC). He submitted photographs of the project site, a Facebook post of Nieto, and a tarpaulin banner.
- Nieto’s Answer (April 22, 2016): contended that the project was subjected to public bidding on March 15, 2016, with a Notice of Award on March 21, 2016, invoking the exception under Sec. 261(v)(1)(b) OEC. A preliminary conference was held on May 5, 2016; parties marked evidence; memoranda were filed by May 16; the case was deemed submitted.
- Elections and COMELEC Decisions
- On May 2016, Nieto was re-elected mayor of Cainta.
- COMELEC Second Division Resolution (August 16, 2016): dismissed the Petition for Disqualification for lack of a prior final judgment or Commission finding of guilt, citing Poe-Llamanzares v. COMELEC. COMELEC En Banc Resolution (February 2, 2017): denied the motion for reconsideration and affirmed the Second Division based on the controlling doctrine in Poe.
Issues:
- Jurisdictional and Procedural Question
- Whether the COMELEC gravely abused its discretion by holding that a petition for disqualification under Sec. 68 OEC cannot prosper without a prior final judgment finding the candidate guilty of an election offense.
- Evidentiary and Merits Question
- Whether petitioner established by substantial evidence that respondent violated Secs. 261(v) (prohibition on expenditure of public funds) and 104 (illegal contributions) of the OEC.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)