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COMELEC
1. Respondents Germar [mayor] , Santos [councilor] , and
Esquivel [v. mayor] were among the candidates of the
liberal party for local elective posts in Norzagaray
Bulacan. Petitioner Legaspi was the National Unity
Party bet for mayor in Norzagaray in 2013 elections.
2. Germar and Santos won. Petitioner filed before the
Municipal Board of Canvassers of Norzagaray to
suspend the proclamation of Germar and Santos.
3. Despite such motion by Legazpi, MBC declared Germar
and Santos. A few hours after such proclamation,
Legazpi filed before the COMELEC a petition for
disqualification against Germar, Santos, and Esquivel.
They were accused for vote buying.
4. COMELEC 1st division even 1-1 split decidion. 3 rd
member of the division was not able to provide tiebreaking vote as he was absent to some official
business.
5. Special first division 2-1 vote
a. Disqualifying Germar and Santos
b. Criminal aspect of the complaint be referred to
the COMELEC Law department for preliminary
investigation.
6. MR was filed by the respondents.
7. COMELEC EN BANC [6 members, only 5 actually
participated]
a. ELECTORAL ASPECT 3-2 [3- in favor of
disqualification, 2 not in favor]
i. Majority of at least 4 votes was not
reached.
b. CRIMINAL ASPECT 4-1; in favor of the referral
of the criminal aspect of the case. Majority was
reached.
8. COMELEC EN BAN ISSUED A RESOLUTION: MR of the
respondents DENIED with respect to criminal aspect,
but ordered a REHEARING as to the electoral aspect of
the case.
9. After rehearing COMELEC EN BANC failed to come up
with a majority consensus on the electoral aspect.
a. COMELEC EN BANC ISSUED AN ORDER:
PETITIONERS CONTENTION:
other provisions.
Part V of the COMELEC Rules, which is aptly titled
"Particular Actions or Proceedings" is one of the nine
major parts of the COMELEC Rules. It is composed of
Rules 20 to 34 of the COMELEC Rules, wherein each
rule covers a specific "action or proceeding" that the
COMELEC can take cognizance of.
What Part V actually discloses are the particular cases
or matters that may be considered as "actions or
proceedings" for purposes of the COMELEC Rules.