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Garcia v.

COMELEC, Osmea GR 170356 : Jan 25, 2010 Facts: Osmea, a mayoralty candidate in Cebu, filed an election offense against his rival, Garcia for publication of political advertisements allegedly violating the thrice a week publication requirement and failure to indicate the name address of the party or candidate for whom the ads were published. Garcia filed an answer contending that the ads did not exceed the requirement, as they were made for the whole party and not only for him. The Regional Investigator recommended dismissal of the complaint, holding that the ads were not for Garcia alone, but for the whole party. Also, there was substantial compliance with the requirement when the ads shown the pictures and names of the candidates of the slate. COMELEC disagreed, holding that there was probable cause, and ordered its Legal Department to file an information against Garcia. Garcia moved for reconsideration, contending further that he was not the author of the ads, as well as he did not cause the publication. COMELEC denied. Issue: WON there was probable cause. Held: YES. Probable cause is a reasonable ground of presumption that a matter is, or may be, well founded on such a state of facts in the mind of the prosecutor as would lead a person of ordinary caution and prudence to believe or entertain an honest or strong suspicion that a thing is so. The term does not mean actual or positive cause nor does it import absolute certainty. It is merely based on opinion and reasonable belief. Generally, the Court will not interfere with the finding of probable cause by the COMELEC absent a clear showing of grave abuse of discretion. This principle emanates from the COMELEC's exclusive power to conduct preliminary investigation of all election offenses punishable under the election laws and to prosecute the same, except as may otherwise be provided by law. Section 4 of R.A. No. 9006 requires that print advertisements donated to a candidate shall not be published without the written acceptance of the said candidate, which written acceptance shall be attached to the advertising contract and submitted to the COMELEC. The requirement for a written acceptance by a candidate of donated advertisements is a safeguard provided by law against the danger of publishing or broadcasting election propaganda beyond the required frequency, size and other limitations imposed by law without the candidates express agreement, since the violation of such requirements results in the prosecution of the candidate for an election offense punishable under the first and second paragraphs of Section 264 of the Omnibus Election Code. In this case, the COMELEC did not question petitioners averment that the advertisement in question was paid for by the organization named Friends of Alvin Garcia. The advertisement may be considered as a donation to petitioner. Since the advertisement in question was published by the Sun Star, there arises a presumption that there was written acceptance by petitioner of the advertisement paid for or donated by his friends in the absence of evidence to the contrary.

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