BEDOL vs COMELEC

Facts:
The Chair of the Provincial Board of Canvassers for the province of Maguindanao Mr.
Bedol failed to submit canvass of votes of 22 cities of said province, which was
supposed to be transmitted on May 22, 2007, 8 days after May 14, 2007 Elections.
COMELEC conducted a fact-finding activity to further investigate the matter, during
which Mr. Bedol explained that the election returns and other paraphernalia were stolen
while in custody. Mr. Bedol did not attend farther hearings and investigations, but
appeared on newspapers and interviews with a pistol on his waist challenging those that
want to sue him. This forced the COMELEC to file a warrant of arrest against petitioner
and charged him with Contempt.
Petitioner questioned the legal basis for arresting him and if the board have the
jurisdiction to charge him with contempt.

Issue:
W/N the initiation and issuance of contempt order is within the constitutional powers of
the COMELEC.

Ruling:
Yes The COMELEC have the power to conduct investigations and arrest any violators
of election laws as stated in sec 2 (6) Art IX and Omnibus Election Code Section 52 (c).
In carrying out their quasi – judicial functions, the administrative officers or bodies are
required to investigate facts or ascertain the existence of facts, hold hearings, weigh
evidence and draw conclusions from them as basis for their official action and exercise
of discretion in a judicial nature.
Petitioner was found guilty of contempt on 4 grounds:
1. He repeatedly failed to attend, despite given notice of the schedule of hearing
and refused to submit his explanation for such absences
2. He unlawfully assumed custody of accountable election documents, which were
lost while in his possession and consequently failed to deliver such
3&4. He publicly displayed disrespect for the authority of the COMELEC through
media by posing on a national broadsheet with a shiny pistol tucked in a holster.

PRAYER FOR TRO and/or Writ of Preliminary Injunction is hereby DISMISSED.