Sunga vs.

COMELEC Clearly, the legislative intent is that the COMELEC should continue the trial and hearing of the disqualification case to its conclusion, i.e., until judgment is rendered thereon. The word shall signifies that this requirement of the law is mandatory, operating to impose a positive duty which must be enforced.[11] The implication is that the COMELEC is left with no discretion but to proceed with the disqualification case even after the election. Bagatsing vs. COMELEC

First, as contemplated in paragraph 1, a complaint for disqualification filed before the election which must be inquired into by the COMELEC for the purpose of determining whether the acts complained of have in fact been committed. Where the inquiry results in a finding before the election, the COMELEC shall order the candidate's disqualification. In case the complaint was not resolved before the election, the COMELEC may motu propio or on motion of any of the parties, refer the said complaint to the Law Department of the COMELEC for preliminary investigation. Second, as laid down in paragraph 2, a complaint for disqualification filed after the election against a candidate (a) who has not yet been proclaimed as winner, or (b) who has already been proclaimed as winner. In both cases, the complaint shall be dismissed as a disqualification case but shall be referred to the Law Department of the COMELEC for preliminary investigation. However, if before proclamation, the Law Department makes a prima facie finding of guilt and the corresponding information has been filed with the appropriate trial court, the complainant may file a petition for suspension of the proclamation of the respondent with the court before which the criminal case is pending and the said court may order the suspension of the proclamation if the evidence of guilt is strong. Petitioners contend that Resolution No. 2050, upon which the COMELEC anchored its dismissal of the disqualification case, is no longer a good law since it has been nullified in toto by this Court inSunga v. COMELEC.[8] Contrary to petitioners' contention, nowhere did the Court strike down COMELEC Resolution No. 2050 in Sunga. There, we held that:

xxx We discern nothing in COMELEC Resolution No. 2050 declaring, ordering or directing the dismissal of a disqualification case filed before the election but which remained unresolved after the election. What the Resolution mandates in such a case is for the Commission to refer the complaint to its Law Department for investigation to determine whether the acts complained of have in fact been committed by the candidate sought to be disqualified. The findings of the Law Department then become the basis for disqualifying the erring candidate. This is totally different from the other two situations contemplated by Resolution No. 2050, i.e., a disqualification case filed after the election but before the proclamation of winners and that filed after the election and the proclamation of winners, wherein it was specifically directed by the same Resolution to be dismissed as a disqualification case. Moreover, Resolution No. 2050 as interpreted in Silvestre v. Duavit infringes on Sec. 6 of RA No. 6646, which provides: SEC. 6. Effects of Disqualification Case.--Any candidate who has been declared by final judgment to be disqualified shall not be voted for, and the votes cast for him shall not be counted. If for any reason a candidate is not declared by final judgment before an election to be disqualified and he is voted for and receives the winning number of votes in such election, the

Court or Commission shall continue with the trial and hearing of the action, inquiry or protest and, upon motion of the complainant or any intervenor, may during the pendency thereof order the suspension of the proclamation of such candidate whenever the evidence of his guilt is strong (italics supplied). Clearly, the legislative intent is that the COMELEC should continue the trial and hearing of the disqualification case to its conclusion, i.e., until judgment is rendered thereon. The word 'shall' signifies that this requirement of the law is mandatory, operating to impose a positive duty which must be enforced. The implication is that the COMELEC is left with no discretion but to proceed with the disqualification case even after the election. Thus, in providing for the outright dismissal of the disqualification case which remains unresolved after the election, Silvestre v. Duavit in effect disallows what RA No. 6646 imperatively requires. xxx[9]
The ruling in Sunga is not applicable to the case at bar. There, the complaint for disqualification was filed prior to the May 8, 1995 elections. Under Section 6 of R.A. 6646, where the complaint was filed before the election but for any reason, a candidate is not declared by final judgment before the election to be disqualified and he is voted for and receives the winning number of votes in such election, the COMELEC shall continue with the trial and hearing of the case. Thus, the facts in Sunga fall under the contemplation of Section 6, namely: (1) the complaint for disqualification was filed before the election; (2) for any reason, the issue of disqualification was not finally resolved before the election; and (3) the candidate sought to be disqualified is voted for and received the winning number of votes. Consequently, the COMELEC should have continued with the hearing and decided the case on the merits. Instead, COMELEC erroneously dismissed the disqualification case and referred the matter to the Law Department for preliminary investigation of the criminal aspect of the case. The deleterious effect of the premature and precipitate dismissal was pointed out by this Court, thus:

xxx A candidate guilty of election offenses would be undeservedly rewarded, instead of punished, by the dismissal of the disqualification case against him simply because the investigating body was unable, for any reason caused upon it, to determine before the election if the offenses were indeed committed by the candidate sought to be disqualified. All that the erring aspirant would need to do is to employ delaying tactics so that the disqualification case based on the commission of election offenses would not be decided before the election. This scenario is productive of more fraud which certainly is not the main intent and purpose of the law.[10]
In sharp contrast, the complaint for disqualification against private respondent in the case at bar was lodged on May 18, 1998 or seven (7) days after the 1998 elections. Pursuant to paragraph 2 of Resolution No. 2050, the complaint shall be dismissed as a disqualification case and shall be referred for preliminary investigation to the Law Department of the COMELEC. Under this scenario, the complaint for disqualification is filed after the election which may be either before or after the proclamation of the respondent candidate. The COMELEC in Sunga obviously misapplied Resolution No. 2050 in dismissing the disqualification case therein simply because it remained unresolved before the election and, in lieu thereof, referring it to its Law Department for possible criminal prosecution of the respondent for violation of the election laws. Notably, there is nothing in paragraph 1 of Resolution No. 2050 which directs the dismissal of the disqualification case not resolved before the election. It says the COMELEC may motu propio or on motion of any of the parties, refer the complaint to the Law Department of the Commission as an instrument of the latter in the exercise of its exclusive power to conduct a preliminary investigation of all cases involving

criminal infractions of the election laws. The referral to the Law Department is discretionary on the part of the COMELEC and in no way may it be interpreted that the COMELEC will dismiss the disqualification case or will no longer continue with the hearing of the same. The reason for this is that a disqualification case may have two (2) aspects, the administrative, which requires only a preponderance of evidence to prove disqualification, and the criminal, which necessitates proof beyond reasonable doubt to convict. Where in the opinion of the COMELEC, the acts which are grounds for disqualification also constitute a criminal offense or offenses, referral of the case to the Law Department is proper. Petitioners argue that the COMELEC should have proceeded and continued with the trial of SPA No. 98-319 and rendered judgment as the law and evidence would warrant, invoking Section 6 of R.A. 6646. We do not agree. Section 6 explicitly applies only to any candidate who has been declared by final judgment to be disqualified before an election. The section provides further that if for any reason a candidate is not declared by final judgment before an election to be disqualified and he is voted for and receives the winning number of votes in such election, the Court or Commission shall continue with the trial and hearing of the action, inquiry or protest xxx. There is no provision in R.A. 6646 that treats of a situation where the complaint for disqualification is filed after the election. If the intention of the law is for the COMELEC to hear and decide disqualification cases filed after the election, it would not have made a distinction between cases filed before and after the election. Section 6 would not have used the word before preceding an election. Thus, the need for implementing rules as embodied in Comelec Resolution No. 2050 which provide that any complaint for disqualification based on Section 6 of R.A. 6646 is filed after the election against a candidate who has already been proclaimed as winner shall be dismissed as a disqualification case, but the complaint shall be referred for preliminary investigation to the Law Department of COMELEC. The applicability of Resolution No. 2050 on disqualification cases was in fact upheld by this Court in Lozano vs. Yorac,[11] the Court said:

xxx Resolution No. 2050 was passed by reason of the variance in opinions of the members of respondent commission on matters of procedure in dealing with cases of disqualification filed pursuant to Section 68 of the Omnibus Election code in relation to Section 6 of Republic Act No. 6646, or the Electoral Reforms Law of 1987, and the manner of disposing of the same had not been uniform. Hence, the COMELEC decided to lay down a definite policy in the disposition of these disqualification cases. With this purpose in mind, the commission en banc adopted Resolution No. 2050. xxx
xxx

xxx Resolution No. 2050 specifically mandates a definite policy and procedure for disqualification cases. The COMELEC Rules of Procedure speak of special actions, which include disqualification cases, in general. Hence, as between a specific and a general rule, the former shall necessarily prevail.
xxx[12] It bears stressing that the Court in Sunga recognized the difference between a disqualification case filed before and after an election when, as earlier mentioned, it stated that the referral of the complaint for disqualification where the case is filed before election is totally different from the other two situations contemplated by Resolution No. 2050, i.e., a disqualification case filed after the election but before the proclamation of winners and that filed after the election and the proclamation winners, wherein it was specifically directed by the same Resolution to be dismissed as a disqualification case.

Why there is a difference between a petition for disqualification filed before and after the election proceeds from the fact that before the election, the question of disqualification is raised as an issue before the electorate and those who vote for the candidate assume the risk that should said candidate be disqualified after the election, their votes would be declared stray or invalid votes. Such would not be true in the case of one filed after the electorate has already voted.[13] Petitioners further postulate that the proclamation of private respondent on June 4, 1998 is void because it was made without awaiting for the lapse of the five-day period for the finality of decisions rendered by a division in special actions," citing Sec. 13 (c) Rule 18 of the COMELEC Rules of procedure providing that unless a motion for reconsideration is seasonably filed, a decision or resolution of a Division shall become final and executory after the lapse of five (5) days in Special actions and Special cases. xxx We find this contention without merit. The mere filing of a petition for disqualification is not a ground to suspend the proclamation of the winning candidate. In the absence of an order suspending proclamation, the winning candidate who is sought to be disqualified is entitled to be proclaimed as a matter of law. This is clear from Section 6 of R.A. 6646 providing that the proclamation of the candidate sought to be disqualified is suspended only if there is an order of the COMELEC suspending proclamation. Here, there was no order suspending private respondents proclamation. Consequently, private respondent was legally proclaimed on June 4, 1998. Neither did the COMELEC err in not ordering the suspension of private respondent's proclamation. The second paragraph of paragraph 2 of Resolution No. 2050 provides that where a complaint is filed after the elections but before proclamation, as in this case, the complaint must be dismissed as a disqualification case but shall be referred to the Law Department for preliminary investigation. If before the proclamation, the Law Department makes a prima facie finding of guilt and the corresponding information has been filed with the appropriate trial court, the complainant may file a petition for suspension of the proclamation of respondent with the court before which the criminal case is pending and that court may order the suspension of the proclamation if the evidence of guilt is strong.[14] It appearing that none of the foregoing circumstances obtain herein as there is no prima facie finding of guilt yet, a suspension of private respondent's proclamation is not warranted. The mere pendency of a disqualification case against a candidate, and a winning candidate at that, does not justify the suspension of his proclamation after winning in the election. To hold otherwise would unduly encourage the filing of baseless and malicious petitions for disqualification if only to effect the suspension of the proclamation of the winning candidate, not only to his damage and prejudice but also to the defeat of the sovereign will of the electorate, and for the undue benefit of undeserving third parties.[15]