Christian Dominic Diola

Bedol v. Comelec
GR No. 179830
Case Digest

Facts:
The Chair of the Provincial Board of Canvassers for the province of Maguindanao Mr. Bedol failed to
submit canvass of votes of twenty-two(22) cities of said province, which was supposed to be transmitted
to COMELEC on May 22, 2007, eight(8) days after the 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 his 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 COMELECs legal basis for
arresting him and if the board have the jurisdiction to aptly charge him with comtempt.

Issue:
Whether or not the initiation and issuance of contempt order is within the constitutional powers of the
COMELEC.

Ruling:
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 four (4) grounds:
First, he repeatedly failed to attend, despite given notice of the schedule on the hearing; and refused to
submit his explanation for such absences, in violation of paragraphs (b) and (f) of Section 2, Rule 29 of
the COMELEC Rules of Procedure.
Second, he unlawfully assumed custody of accountable election documents, which were lost while in his
possession, and consequently failed to deliver the same, in violation of paragraphs (a), (c) and (d)
Section 2, Rule 29 of same Rules.
Third and fourth, he publicly displayed disrespect for the authority of the COMELEC through the media
by posing on a national broadsheet, with a shiny pistol tucked in a holster, in violation of paragraphs (a)
and (d), Section 2, Rule 29 of same Rules.
WHEREFORE, the petition is hereby DISMISSED and the prayer for a Temporary Restraining Order and/or
Writ of Preliminary Injunction is hereby DENIED.