Case Summary (G.R. No. 164858)
COMELEC First Division Resolution (5 May 2004)
The First Division adopted Director Ladra’s findings and ordered:
- Disqualification of Eusebio as Pasig City Mayor candidate.
- Deletion of his name from certified lists.
- Classification of votes for him as stray and exclusion from canvass.
- Referral of criminal charges to the COMELEC Law Department.
This resolution was immediately executory unless enjoined by the En Banc.
Chairman Abalos Advisory and En Banc Suspension (8–11 May 2004)
- 8 May 2004: Chairman Abalos reiterated the First Division order in a Very Urgent Advisory to election officers.
- 10 May 2004: He issued a memorandum enjoining implementation due to Eusebio’s pending motion for reconsideration.
- 11 May 2004: The En Banc, recognizing the motion’s pendency, denied petitioners’ request to suspend counting but provisionally suspended any proclamation of Eusebio pending final resolution.
En Banc Direction to Proclaim (21 May 2004)
With 98 percent of returns canvassed and Eusebio leading by over 10,000 votes, the En Banc invoked its policies (Resolutions 7128, 7129) to expedite proclamations. It lifted the 11 May 2004 suspension and directed the Pasig City Board of Canvassers to proclaim Eusebio without prejudice to the disqualification case’s final outcome.
En Banc Referral to Law Department (20 August 2004)
The En Banc set aside the 5 May 2004 disqualification resolution and annulled its order, referring the petition to the COMELEC Law Department for criminal investigation under Resolution 2050 and relevant jurisprudence (AlbaAa, Lonzanida, Sunga).
Issues on Grave Abuse of Discretion
Petitioners alleged that:
- The 20 August 2004 resolution capriciously nullified the First Division’s order, misapplied COMELEC rules and jurisprudence, and dismissed the electoral aspect.
- The 21 May 2004 order disregarded strong evidence warranting suspension of proclamation.
- Chairman Abalos abused power by enjoining the First Division order.
- COMELEC failed to enforce the 5 May 2004 resolution and refused to proclaim Lanot as Mayor.
Supreme Court’s Review of Party Substitution and Intervention
- Lanot’s death (13 April 2005) did not extinguish the disqualification case. Under COMELEC Rules and RA 6646, proper substitution (Raymundo) and intervention (Benavides) are permitted while the case remains pending.
- These measures ensure that electoral cases are not rendered academic and prevent delay tactics by challenged candidates.
Analysis of COMELEC’s Actions
10 May 2004 Memorandum and 11 May 2004 En Banc Suspension
The Court found no abuse of discretion. A resolution pending reconsideration is not yet final and cannot be executed; advisory measures were appropriate to preserve status quo.21 May 2004 Lifting of Suspension
The En Banc’s decision to proceed with proclamation under its expedited-canvass policy was within its discretionary authority. Temporary suspension of proclamation is provisional and may be lifted when warranted by canvass results.20 August 2004 Referral to Law Department
The Court held that the En Banc erred by dismissing the electoral aspect and referring the entire case to the Law Department. Under RA 6646 Section 6 and COMELEC Resolution 6452, the electoral inquiry—summary in nature and based on preponderance of evidence—must proceed independently of any parallel criminal investigation. Resolution 2050’s referral provision is discretionary and does not mandate dismissal of the electoral aspect.
Merits of Disqualification Under Section 80, OEC
- Section 80 penalizes “election campaign or partisan political activity” by a “candidate” outside the campaign period.
- Section 79(a) defines “candidate” as one who has filed a certificate of candidacy.
- RA 8436’s Section 11 moved the filing deadline to 120 days before election solely to facilitate ballot printing; it did not alter the candidate status or campaign-period definitions in the OEC.
- Campaign period for local elections remained at 45 days before election (24 March 2004); candidat
Case Syllabus (G.R. No. 164858)
Facts
- On March 19, 2004, six petitioners (Lanot, Obispo, Peralta, dela Paz, Yamat, Cruz) filed a disqualification petition under Sections 68 and 80 of the Omnibus Election Code against Vicente P. Eusebio, then candidate for Pasig City Mayor.
- Petitioners alleged Eusebio engaged in election campaigning outside the official period by:
• Making speeches (“Lingap sa Barangay” on February 14; another on March 17) soliciting votes and defaming Lanot
• Publishing a press release/survey predicting his victory
• Installing billboards, streamers, posters, stickers across Pasig City before the campaign period
• Distributing shoes to public–school children as inducement - Eusebio denied all allegations in his March 29 Answer, branding the petition as harassment and claiming fabricated evidence.
- Hearings were conducted on April 2, 5, and 7, 2004; petitioners submitted their memorandum on April 15; respondent on April 16.
COMELEC First Division Ruling
- On May 4, 2004, Acting NCR Regional Director Ladra recommended to:
• Disqualify Eusebio under Sec. 68(a) & (e) for violating Sec. 80 OEC
• Refer the case to the Law Department for preliminary investigation under Sec. 261(a) OEC - On May 5, 2004, the COMELEC First Division adopted Ladra’s findings and ordered:
• Deletion of Eusebio’s name from the certified list of mayoral candidates
• Consideration of any votes cast for him as stray and exclusion from canvass
• Filing of criminal information against Eusebio through the Law Department
• Immediate executory effect unless restrained by the COMELEC En Banc
Chairman Abalos’ Memoranda and Advisory
- May 8, 2004: Very Urgent Advisory reiterated the First Division’s dispositive portion to all pertinent election officers.
- May 9, 2004: Eusebio filed a motion for reconsideration of the May 5 Resolution.
- May 10, 2004: Chairman Abalos issued an advisory enjoining NCR–RED Ladra from implementing the First Division’s resolution pending the En Banc’s action.
COMELEC En Banc Interim Orders
- May 11, 2004: On petitioners’ motion, the En Banc:
• Denied suspension of counting and canvassing of votes
• Ordered suspension of Eusebio’s proclamation if he received the winning votes, preserving the disqualification issue - May 21, 2004: The En Banc, invoking its policy to expedite canvass, lifted the suspension and directed the Pasig City Board of Canvassers to proclaim the winning candidate without prejudice to the disqualification case. Eusebio was proclaimed mayor on May 23, 2004.
COMELEC En Banc August 20, 2004 Resolution
- Held that the May 5 First Di