G.R. No. 216572 - Legaspi vs. Commission on Elections

Petition filed as Feliciano P. Legaspi v. Commission on Elections, Alfredo Germar, and Rogelio P. Santos, Jr.
Feliciano P. Legaspi was the National Unity Party (NUP) candidate for mayor of Norzagaray, Bulacan in the May 13, 2013 elections.
Alfredo Germar was the Liberal Party (LP) candidate for mayor, Rogelio P. Santos, Jr. was LP candidate for councilor, and Roberto C. Esquivel was LP candidate for vice-mayor.

After canvass, Germar was the highest vote-getter for mayor and Santos secured enough votes to be second councilor; Esquivel lost the vice-mayor race.
Petitioner filed an urgent motion to suspend proclamation with the Municipal Board of Canvassers (MBC) of Norzagaray, which was denied.
At 7:45 a.m. on May 14, 2013, the MBC proclaimed Germar and Santos as duly elected.
At 12:45 p.m. on May 14, 2013, petitioner filed a Petition for Disqualification alleging rampant vote-buying; the petition was docketed as SPA No. 13-323 (DC).

SPA No. 13-323 (DC) was raffled to the COMELEC First Division composed of Commissioners Tagle, Christian Lim, and Parreno.
The First Division vote was split 1-1 due to Commissioner Parreno's absence.
A Special First Division was constituted with Chairman Brillantes sitting in for the absent Commissioner Parreno.
On October 3, 2013, the Special First Division, by 2-1 vote, (a) disqualified Germar and Santos for mayor and councilor, respectively, and (b) referred the criminal aspect to the COMELEC Law Department; the electoral aspect as to Esquivel was dismissed because he lost.

Germar, Santos, and Esquivel filed a motion for reconsideration with the COMELEC en banc.
On July 10, 2004, the COMELEC en banc took a vote on the motion; there were six incumbent members but only five participated; Commissioner Parreno took no part.
As to the electoral aspect the vote was 3-2 in favor of disqualification; no majority of all members (four votes) was reached.
As to the criminal aspect the vote was 4-1 in favor of referral to the Law Department; a majority was reached.
The COMELEC en banc ordered a rehearing on the electoral aspect.

After rehearing the COMELEC en banc again failed to reach a majority on the electoral aspect; the vote...(Subscriber-Only)

Whether the COMELEC en banc gravely abused its discretion in dismissing the electoral aspect of SPA No. 13-323 (DC) for failure to obtain the necessary majority votes after rehearing under Section 6, Rule 18 of the COMELEC Rules.
Whether SPA No. 13-323 (DC) is an action "originally commenced in the commission" within the meaning of Section 6, Rule 18, thereby subject to dismissal when the en banc fails to reach a majority after rehearing.

The proper interpretation and application of Section 7, Article IX-A of the 1987 Constitution requiring decisions by "a majority vote of all its Members."
Whether a motion for reconsideration b...(Subscriber-Only)