Beruflich Dokumente
Kultur Dokumente
COMMISSION ON
ELECTIONS and EDGAR "EGAY" S. SAN LUIS
FACTS:
Three days prior to the May 13, 2013 Elections, a petition for
disqualification was filed by Edgar Egay San Luis before the COMELEC
against Emilio Ramon E.R. P. Ejercito, who was a fellow gubernatorial
candidate and, at the time, the incumbent Governor of the Province of Laguna.
HELD:
NO. A special civil action for certiorari under Rule 64, in relation to Rule
65, is an independent action that is available only if there is no appeal or any
other plain, speedy, and adequate remedy in the ordinary course of law.44 It is a
legal remedy that is limited to the resolution of jurisdictional issues and is not
meant to correct simple errors of judgment.45 More importantly, it will only
prosper if grave abuse of discretion is alleged and is actually proved to exist.46
An election offense has both criminal and electoral aspects. The electoral
aspect may proceed independently of the criminal aspect, and vice-versa. The
criminal aspect of a disqualification case determines whether there is probable
cause to charge a candidate for an election offense. The prosecutor is the
COMELEC, through its Law Department, which determines whether probable
cause exists. If there is probable cause, the COMELEC, through its Law
Department, files the criminal information before the proper court. Proceedings
before the proper court demand a full-blown hearing and require proof beyond
reasonable doubt to convict. A criminal conviction shall result in the
disqualification of the offender, which may even include disqualification from
holding a future public office. The conduct of preliminary investigation is not
required in the resolution of the electoral aspect of a disqualification case.