A.C. No. 12876 - Dillon vs. De Quiroz

On February 6, 1988, Mrs. Editha Barba filed a letter‐complaint with the Commission on Elections (COMELEC) against OIC‐Mayor Dominador S. Regalado Jr. of Tanjay, Negros Oriental, alleging violation of Section 261(h) of the Omnibus Election Code by transferring her, a permanent Nursing Attendant I, to a remote barangay without COMELEC clearance.
Pursuant to COMELEC Resolution No. 1752 (January 14, 1986), based on its constitutional mandate (Art. XII‐C, Sec. 2, 1973 Constitution; Omnibus Election Code), COMELEC directed Atty. Gerardo Lituanas, Provincial Election Supervisor of Dumaguete City, to:

After investigation, Atty. Lituanas found a prima facie case and on September 26, 1988 filed an information for violation of Section 261(h), Omnibus Election Code. On September 30, 1988, RTC Branch 38, Dumaguete City issued an arrest warrant and fixed bail at ₱5,000, based on the Supervisor’s certification of probable cause.
On October 3, 1988, before the arrest, the RTC set aside its September 30 order, ruling that only a judge may determine probable cause (Art. III, Sec. 2, 1987 Constitution) and that the information must bear written approval of the Provincial Fiscal.
On November 22, 1988, the RTC gave the Supervisor 15 days to refile the information with Fiscal approval; on December 8, 1988, the RTC quashed the information for non‐compliance. A motion for reconsideration was denied, prompting this petition.

Whether a preliminary investigation conducted by a Provincial Election Supervisor must be coursed through the Provincial Fiscal before the RTC may determine probable cause and proceed.

Whether COMELEC’s power under the 1973 Constitution and Omnibus Election Code to investigate and prosecute election offenses subsists under the 1987 Constitution.
The proper delineation of functions among the judge, the fiscal/prosecutor, and COMELEC legal officers in preliminary investigations and examinations.