G.R. No. 146943 - Malinias vs. Commission on Elections

Petitioner Sario Malinias was a candidate for governor of Mountain Province in the May 11, 1998 elections. Pilando was a candidate for congressional representative.
The Provincial Board of Canvassers conducted canvassing of election returns at the second floor of the Provincial Capitol Building in Bontoc, Mountain Province, from May 11 to May 15, 1998.

On July 31, 1998, Malinias and Pilando filed a complaint with the Commission on Elections (COMELEC) Law Department for violations of Section 25 of Republic Act No. 6646 and Sections 232 and 261(i) of Batas Pambansa (B.P.) Blg. 881.
Respondents included Victor Dominguez (incumbent Congressman), Teofilo Corpuz (Provincial Director of PNP), Anacleto Tangilag (Chief of Police of Bontoc), Thomas Bayugan, Jose Bagwan (Provincial Election Supervisor), and members of the Provincial Board of Canvassers.

On May 15, 1998, a police checkpoint at Nacagang, Sabangan blocked and prevented petitioner’s supporters from proceeding to the Provincial Capitol Building.
Policemen, under orders of private respondents, allegedly prevented Malinias' supporters from entering the capitol grounds despite some supporters eventually gaining access.
The complaint requested investigation and prosecution for:

Preventing the public, including designated representatives and watchers, from attending the canvassing at the Provincial Capitol Building.
Illegal checkpoint/blockade and barricades threatening and coercing supporters from entering the canvassing.
Closure of canvassing rooms and exclusion of the public and other candidates’ representatives except those of Dominguez.

Supporters of Malinias and Pilando executed mass affidavits attesting that private respondents prevented attendance, padlocked canvassing area, and threatened attendees.
Counter-affidavit of Corpuz and Tangilag admitted ordering the checkpoint at Nacagang and posting policemen to secure the capitol grounds due to threats of disruption by groups allied with Malinias and Pilando.
COMELEC Law Department recommended dismissal of the complaint for lack of probable cause.

June 10, 1999 resolution dismissed the complaint for insufficiency of evidence to establish probable cause.
October 26, 2000 resolution denied Malinias' motion for reconsideration.

Complainant Pilando was present and actively participated in canvassing on May 15, 1998.
Other lawyers, watchers, and representatives of candidates were also present during canvass proceedings.
Checkpoints were established nationwide pursuant to COMELEC Res. No. 2968 to enforce firearm ban, including the checkpoint at Nacagang, before the campaign period started.
Allegations about a radio message for checkpoint request lacked witness testimony to verify it.

Whether the COMELEC gravely abused its discretion in dismissing Malinias and Pilando’s complaint for insufficiency of evidence to establish probable cause for violations of:

Section 25 of Republic Act No. 6646 (Right to be Present and to Counsel During the Canvass).
Section 232 of B.P. Blg. 881 (Persons not allowed inside the canvassing room).
Section 261(i) of B.P. Blg. 881 (Intervention of public officers and employees in partisan political activity).