LARRAZABAL 180 SCRA 509 FACTS Adelina Larrazabal substituted her husband as candidate when the latter was disqualified by COMELEC for lack of residence. After Adelina won, Abella, et.al. filed a petition to disqualify her for alleged false statements in her certificate of candidacy regarding her residence. Abella contended that COMELEC denied him the right to appeal when it failed to consider the objections he raised before the Board of Canvassers (BOC) for the latter’s rulings that were not in writing. ISSUE Whether BOC has jurisdiction to hear election contests HELD NO. Election contests could not be resolved by BOC because it only has ministerial task of tallying the votes as reported in the election returns and cannot exercise the judicial power of deciding an election contest. BOC is obliged to make a written ruling on formal objections made by parties but failure or refusal of BOC to discharge this obligation should not prejudice the objecting party's right to elevate the matter to the COMELEC for proper review.
AÑONUEVO, JR. V. COURT OF APPEALS 411 SCRA 621 FACTS: Pending the resolution of the administrative disciplinary case against Anonuevo, Jr., et. al., the Office of the Ombudsman filed an Information for Indirect Bribery against them before the MTC based on the same set of charges. The Office of the City Prosecutor conducted a reinvestigation of the case and recommended the withdrawal of the Information for insufficiency of evidence to support a finding of probable cause. ISSUE: Does the dismissal of the criminal case for warrants the dismissal of the administrative disciplinary case on the ground of insufficiency of evidence? HELD: NO. The quantum of evidence required in the latter is only substantial evidence, and not proof beyond reasonable doubt that is required in criminal cases. Thus, considering the difference in the quantum of evidence, as well as the procedure followed and the sanctions imposed in criminal and administrative proceedings, the findings and conclusions in one should not necessarily be binding on the other. COMELEC V. ESPAÑOL [417 SCRA 554 (2003)] FACTS: Bautista executed an Affidavit-Complaint charging the Poblete, et.al. of vote buying and filed the same with the Law Department of the COMELEC which recommended that the resolution of the Office of the Cavite Provincial Prosecutor be nullified because the accused are exempt. HELD:
JR. Jr. by themselves. Abalos.. and conspiracy to bribe voters who volunteer to give information and testify on any information under Section 28 of R. and to consider it as part of the primary functions of an Executive Judge. employees of the Ministry of Public Works and Highways. 6648. sent a letter to the Court which requests it to issue a resolution that his membership in the Committee on Justice. his name was not even mentioned there. V. as neither violative of the independence of the Judiciary nor a violation of Section 12. The burden of proving factual claims rests on the party raising them. 348 SCRA 367 (2000) FACTS: Grefalde. Domingo. her signatures on the general vouchers. No. Jr. Bangui. "prodded" his father to give "substantial allowances" to public school teachers appointed as Boards of Election Inspectors (BEIs). DOMINGO. Jr. do not represent direct or competent proof of connivance. et. Manzano. were an indispensable link to accomplish the fraud.The immunity statute seeks a rational accommodation between the imperatives of the privilege against self-incrimination and the legitimate demands of government to encourage citizens. to testify against law violators. and nothing in the videotape recordings presented showed that he prodded his father. Ilocos Norte. were indicted for graft charges pertaining to Negros Oriental Highways and Engineering District transactions by authorizing payments for “ghost deliveries”. and that it will not amount to an abandonment of his position as Executive Judge and as a member of the Judiciary.A.
. COMELEC [111 SCAD 472. The statute operates as a complete pardon for the offenses to which the information was given.The Court sustained the authority of the COMELEC to exempt from prosecution persons charged with vote-buying. SANDIGANBAYAN 140 SCAD 486. RTC. Article of the Constitution. including law violators themselves. Jr. Sandiganbayan found that the government had been defrauded so it declared them guilty of all charges. IN RE RODOLFO U. vote-selling. Jr.al. while they may have contributed to the consummation of the crime. ISSUE: Are the accused guilty of the graft charges? HELD: Grefalde was held guilty for she was positively identified by the state witness and this was corroborated not only by the findings of the NBI-Treasury-Auditing team but by the voluminous documents presented. Executive Judge. MANZANO 166 SCRA 246 FACTS: Judge Rodolfo U. The other petitioners were acquitted because their signatures. 314 SCRA 311 (1999)] FACTS: After Abalos. GREFALDE V. HELD: Domingo.'s proclamation as mayor. in her capacity as district accountant. filed a petition for disqualification on the ground that.’s evidence failed to persuade because nothing in the affidavits of the teachers suggests knowledge on any degree of participation of Abalos. during the campaign period.
Thus. final or judge who may be found to have committed abuses in the discharge of his duties and refer the same to proper authority for appropriate action. MENDOZA V. There is an element of positive action. Among the functions of the Committee are to receive complaints against any apprehending officer. filed a case against Laxina for making it appear in the payroll that he and his appointees rendered services before he renewed his oath and reassumed office. determinations. An examination of Executive Order No. and to recommend the revision of any law or regulation which is believed prejudicial to the proper administration of criminal justice..judicial or administrative functions (Section 12. filed an election protest and the latter was declared by the trial court as the winner. Fermo. VIII. jail warden. Dissenting Opinions: • "Administrative functions" as used in Section 12 refers to the executive machinery of government and the performance by that machinery of governmental acts. It is a study group with recommendatory functions. His rival candidate. LAXINA 406 SCRA 156 FACTS: Laxina took his oath and assumed office as barangay captain. which discharges administrative functions. their own welfare and the promulgation of rules and regulations to better carry out the policy of the legislature or such as are devolved upon the administrative agency by the organic law of its existence (Nasipit Integrated Arrastre and Stevedoring Services Inc. Blacks Law Dictionary). SP-07599-R. Neither will the Committee on Justice promulgate rules and regulations nor exercise any quasilegislative functions. al. will be in violation of the Constitution. COMELEC annulled the order on the ground that there were no good reasons to justify it. Tapucar. Mendoza. barangay councilors. ISSUE: Is the re-taking of an oath of office by a duly proclaimed but subsequently unseated local elective official a condition sine qua non to the validity of his re-assumption in office?
. ISSUE: Whether the function of a member of the Committee on Justice an administrative function HELD: YES. It refers to the management actions. thus alleviating jail congestion and improving local jail conditions. as amended. particularly those involving the poor and indigent ones. 856. 29 September 1978. the membership of Judge Manzano in the Ilocos Norte Provincial Committee on Justice.Under the Constitution. and orders of executive officials as they administer the laws and try to make government effective. Constitution). the members of the Supreme Court and other courts established by law shall not be designated to any agency performing quasi. Administrative functions are those which involve the regulation and control over the conduct and affairs of individuals for. vs. of supervision or control. reveals that Committees on Justice are created to insure the speedy disposition of cases of detainees. Membership in the Provincial or City Committee on Justice would not involve any regulation or control over the conduct and affairs of individuals. Its work is purely advisory. The Committee on Justice cannot be likened to an administrative agency of government.. et. Art.
When the COMELEC nullified the court’s decision. Cagayan de Oro City. where the seat of the provincial government was located. and for it to suspend the criminal action. the last actual peaceful uncontested situation preceding the controversy was restored. Comelec found that Emano and his family had actually been residing in Gusa. he physically lived in that city. TORAYNO. because all that is required for the charge of bigamy to prosper is that the first marriage be subsisting at the time the second marriage is contracted. Cagayan de Oro City. Furthermore. A prejudicial question is based on a fact distinct and separate from the crime but so intimately connected with it that it determines the guilt or innocence of the accused. ISSUE: Is there a prejudicial question? HELD: NONE. The requisite period would give candidates the opportunity to be familiar
. COURT OF APPEALS 346 SCRA 327 FACTS: Te contracted a second marriage with Santella while his marriage with Choa was subsisting. V. Choa charged Te with bigamy while he filed for the annulment of his marriage to her on the grounds of force. SR.HELD: NO.
TE V. during the three terms that he was governor of Misamis Oriental. She also filed with the Professional Regulation Commission (PRC) an administrative case against Te and Santella for the revocation of their engineering licenses on the ground of immorality. the re-taking of his oath of office was a mere formality. he is entitled to assume office and to exercise its functions. Torayno. it is his right to enter into the position becomes plenary and complete. Section 39 of the Local Government Code (LGC) requires the residency of at least one year immediately preceding the day of the election. concealment of pregnancy by another man. Once proclaimed and duly sworn in office. The outcome of the civil case for annulment of his marriage had no bearing upon the determination of his innocence or guilt in the criminal case for bigamy. et. in a house he had bought. filed a petition before Comelec seeking the disqualification of Emano on the ground that he failed to meet the one-year residency requirement. Thus. ISSUE: Did Emano meet the residency requirement for mayorship? HELD: YES. all residents of Cagayan de Oro City.al. COMMISSION ON ELECTIONS 337 SCRA 574 FACTS: Emano was elected provincial governor of Misamis Oriental and during his last term as governor. he executed a Voter Registration Record in Cagayan de Oro and he consequently filed his Certificate of Candidacy for mayor of the said city. He stated therein that his residence for the preceding two years and five months was at Gusa. Cagayan de Oro City was once an integral part of Misamis Oriental and remains a geographical part of the province.. and psychological incapacity. An oath of office is a qualifying requirement for a public office.
with their desired constituencies.
. and likewise for the electorate to evaluate their qualifications and fitness for the offices they seek.