G.R. No. 164858 - Lanot vs. Commission on Elections

On 19 March 2004, Henry P. Lanot, Vener Obispo, Roberto Peralta, Reynaldo dela Paz, Edilberto Yamat, and Ram Alan Cruz filed a petition under Sections 68 and 80 of the Omnibus Election Code (OEC) against Vicente P. Eusebio, candidate for Pasig City Mayor (SPA C04-008).
They alleged Eusebio engaged in election campaigning or partisan political activity outside the campaign period by:

Acting NCR Regional Director Esmeralda Amora-Ladra held hearings on 2, 5, and 7 April 2004, received documentary and testimonial evidence, and submitted findings on 4 May 2004 recommending Eusebio’s disqualification and referral to the COMELEC Law Department.
On 5 May 2004, the COMELEC First Division adopted the recommendation, ordering:

8 May 2004 – Very Urgent Advisory reiterating the First Division’s directives.
9 May 2004 – Eusebio filed motion for reconsideration.
10 May 2004 – Chairman Abalos issued an Advisory enjoining NCR director from implementing the 5 May resolution pending En Banc action.
11 May 2004 – COMELEC En Banc order denied petitioners’ motion to suspend canvass but suspended proclamation of winning candidate if votes favored Eusebio.
21 May 2004 – COMELEC En Banc lifted suspension and directed proclamation of mayor without prejudice to final disqualification case.
23 May 2004 – Eusebio proclaimed Pasig City Mayor.

25 June and 6 July 2004 – En Banc hearings on Eusebio’s motion for reconsideration of the 5 May resolution; on 6 August Lanot moved to annul Eusebio’s proclamation.
20 August 2004 – COMELEC En Banc set aside the First Division’s disqualification resolution and referred the case to the Law Department for investigation.
Lanot filed a certiorari petition with the Supreme Court challenging the 20 August resolution.
13 April 2005 – Lanot was assassinated.
27 April 2005 – Mario S. Raymundo substituted for Lanot.
25 August 2005 – Charmie Q. Benavides, third-placer in the 2004 mayoralty race, petitioned to intervene.

Did the COMELEC En Banc, in its 20 August 2004 resolution, commit grave abuse of discretion or act without or in excess of jurisdiction by:

Erroneously setting aside the 5 May 2004 First Division disqualification resolution?
Arbitrarily annulling the corresponding order and referring the entire case to the Law Department against the procedure in RA 6646 and COMELEC Resolution 6452?

Did the COMELEC En Banc, in its 21 May 2004 order, commit grave abuse of discretion or act without or in excess of jurisdiction by lifting the suspension of Eusebio’s proclamation despite strong evidence of guilt?

Did Chairman Benjamin S. Abalos, in his 10 May 2004 Advisory, commit grave abuse of power or exceed jurisdiction by unilaterally enjoining the implementation of the First Division’s immediately executory resolution?

Did Eusebio actually commit disqualifying acts under Section 80 of the OEC, and if so, who should be proclaimed mayor (Lanot as second placer or Benavides as third placer)?