Case Digest (G.R. No. 148075)
Facts:
In Pangkat Laguna v. Commission on Elections and Teresita Ningning Lazaro, G.R. No. 148075, February 04, 2002, the Supreme Court En Banc, Buena, J., writing for the Court. The petitioner was Pangkat Laguna (a registered political party); the respondents were the Commission on Elections (COMELEC) and private respondent Teresita Ningning Lazaro (then Vice Governor who succeeded to the governorship).On January 30, 2001, Lazaro assumed the office of Governor of Laguna by succession when Governor Jose D. Lina, Jr. was appointed to the Cabinet. Lazaro filed her certificate of candidacy for Governor on February 28, 2001. On May 4, 2001, Pangkat Laguna filed a petition for disqualification with the COMELEC (docketed S.P.A. No. 01-218), alleging violations of Section 80 (campaigning outside the campaign period) and Section 261(v) (prohibition against release/disbursement/expenditure of public funds during the 45-day period) of the Omnibus Election Code, as implemented by COMELEC Resolution No. 3479.
Pangkat Laguna alleged that Lazaro, after assuming the governorship, on February 7, 2001 ordered the purchase of 14,513 items (trophies, balls, chess sets, t-shirts) allegedly worth P4,556,005.00, and on February 8, 2001 directed the purchase and distribution of 1,760 medals and pins worth P110,000.00, all purportedly to promote her candidacy prior to the campaign period. The petition also alleged that on March 28, 2001 Lazaro caused the bidding of seventy-nine public works projects, violating the 45-day public works ban.
On May 8, 2001, Lazaro filed an answer denying the allegations. On May 11, 2001, the COMELEC Second Division granted the disqualification petition and ordered Lazaro disqualified. Lazaro filed a motion for reconsideration before the COMELEC en banc. Pangkat Laguna filed a Motion to Suspend Proclamation under Sec. 6, R.A. 6646 (May 17, 2001) and, after the Provincial Board of Canvassers proclaimed Lazaro Governor on May 19, 2001, moved to annul or suspend the proclamation (May 22, 2001).
On May 24, 2001, the COMELEC en banc granted Lazaro's motion for reconsideration and reversed and set aside the Second Division’s disqualification ...(Pro-only)
Issues:
- Did the COMELEC en banc commit grave abuse of discretion in reversing the Second Division's disqualification of Lazaro?
- Did Lazaro commit premature campaigning in violation of Section 80 of the Omnibus Election Code by ordering and distributing items in February 2001?
- Did Lazaro violate Section 261(v) of the Omnibus Election Code (45-day public works ban) by causing the bidding of seventy-nine publi...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)