COMELEC (1994) - Vitug - Petitioner contends that COMELEC has committed
Plaintiff: Antonio Tan grave abuse of discretion in continuing to take Respondent: Commission on Eletions, Rustico Ilagan, action on the administrative case on the following and Senforiano Alterado grounds: Concept: Arising from the Same Facts o He is the city prosecutor of Davao and his office belongs to the executive branch of Brief facts: Tan, the incumbent City Prosecutor of the government, more particularly to the Davao, was designated as Vice Chairman of the City DOJ. As such, he is under the Board of Canvassers. Alterado, the losing candidate, administrative jurisdiction of said filed a series of complaints with different bodies (HRET, department and not of COMELEC. Ombudsman, COMELEC), accusing Tan along with o The Civil Service Law provides that others of unlawful, erroneous, incomplete, and department heads shall have jurisdiction to irregular canvass. Tan moved to dismiss the complaint investigate and decide matters involving filed in the COMELEC for lack of jurisdiction since it is disciplinary action against officers under the Executive Branch that has the power to discipline their jurisdiction. him. o Sec 2, Art IX of the Constitution which authorizes COMELEC to deputize public Doctrine: COMELECs mandate includes its authority officers belonging to the executive to exercise direct and immediate supervision and department is for the purpose of insuring control over national and local officials or employees, free, orderly and honest elections. It including members of any national or local law doesnt include and comprehend enforcement agency and instrumentality of the administrative disciplinary jurisdiction over government, required by law to perform duties relative officials belonging to the executive branch. to the conduct of elections. o Sec 38 of PD 807 cited by COMELEC as basis for their authority to investigate Tan offers no help to respondents. Said FACTS: provision merely lays down the procedure 1. Antonio Tan is the incumbent City Prosecutor of for administrative cases against non- Davao City. He was designated as Vice-Chairman of presidential appointees. Tan here is a the City Board of Canvassers of Davao for the May presidential appointee. 11 1992 synchronized national and local elections. - SC is unable to sustain Tans petition. 2. On the basis of the votes canvassed, Manuel Garcia - COMELECs authority under Section 2(6-8), Art. IX was proclaimed as the winning candidate for a is virtually all-encompassing when it comes to congressional seat to represent the Second District election matters. In respect particularly to of Davao City. sanctions against election offenses: 3. Senforiano Alterado, a fellow candidate, filed a Sec. 2. The COMELEC shall exercise the ff powers number of cases questioning the validity of the and functions: proclamation of Garcia and accusing the members (6) File, upon verified complaint, or on its own of the City Board of Canvassers of unlawful, initiative, petitions in court for inclusion or erroneous, incomplete and irregular canvass. exclusion of voters; investigate and, where o Electoral protest was filed in the House of appropriate, prosecute cases of election Representatives Electoral Tribunal (HRET) laws, including acts or omissions dismissed constituting election frauds, offenses, and o Falsification of Public Documents and malpractices. Violation of the Anti-Graft and Corrupt (8) Recommend to the President the Practices Act before the Ombudsman removal of any officer or employee it has dismissed for lack of criminal intent deputized or the imposition of any other o Administrative charge instituted in disciplinary action, for violation or disregard of, or COMELEC against the City Board of disobedience to its directive, order, or Canvassers for Misconduct, Neglect of decision. Duty, Gross Incompetence and Acts Sec. 52, Art VII of the Omnibus Election Code Inimical to the Service provides: 4. Tan moved to dismiss the administrative complaint In addition to the powers and functions against him for alleged lack of jurisdiction of the conferred upon it by the Constitution, the COMELEC, he being under the Executive Commission shall have exclusive charge of the Department. enforcement and administration of all laws 5. COMELEC denied the petition to dismiss. relative to the conduct of elections for the purpose of insuring free, orderly and honest ISSUE: WON COMELEC has jurisdiction over the elections, and shall: administrative complaint (YES) "a. Exercise direct and immediate supervision and control over national and local officials or RATIO: employees, including members of any national or COMELEC has jurisdiction over the administrative local law enforcement agency and complaint. TIMELESS REVIEWERS B2017 | ADMINISTRATIVE LAW | DEAN SALVADOR CARLOTA |1 instrumentality of the government required by law to Doctrine: In administrative cases, only substantial perform duties relative to the conduct of elections evidence is required. It is such relevant evidence as - The administrative case pending with the COMELEC a reasonable mind might accept as adequate to is in relation to the performance of his duties as an support a conclusion. Considering the difference in election canvasser and not as city prosecutor. the quantum of evidence as well as the procedure - COMELECs mandate includes its authority to followed and the sanctions imposed in criminal and exercise direct and immediate supervision and administrative proceedings, the findings and control over national and local officials or conclusions in one shouldnt necessarily be binding on employees, including members of any national or the other local law enforcement agency and instrumentality of the government, required by law to perform FACTS: duties relative to the conduct of elections. 1. Jesus Ocampo is the Training Coordinator of - In order to ensure that such duly deputized officials NIACONSULT Inc, a subsidiary of the National of government carry out their respective tasks, the Irrigation Administration. law has provided that upon COMELECs 2. On March 21, 1988, K.N. Paudel of the Agricultural recommendation, the corresponding proper Development bank of Nepal (ADBN) wrote a letter authority shall take appropriate action, either to to NIACONSULT requesting a training proposal on suspend or remove from office the officer found small-scale community irrigation development. guilty of the violation of election laws. 3. Ocampo sent a letter-proposal requested by ADBN. - COMELEC, prior to making its recommendation, Another letter was sent my Ocampo to ADBN, must first satisfy that there indeed has been an confirming the availability of NIACONSULT to infraction of the law. It is in the best position to conduct the training program and formally assess how its deputized officials performed their requesting the advance payment of 30% of the duties. training fees worth $9,600 or P204, 960. - To say that it is without jurisdiction to look into 4. NIACONSULT conducted the training program for 6 charges of election offenses would be to deny it the Nepalese Junior Engineers. ADBN, through its proper exercise of such recommendatory power. representative Deutsche Gesselschaft Technische - COMELEC merely issues a recommendation, but it Zusummenarbeit (GTZ) Gmbh Technical is the executive department to which the charged Cooperation of the Federal Republic of Germany official belongs has the ultimate authority to paid to Ocampo the agreed training fee in 2 impose the disciplinary penalty. installments. - The law doesnt detract from, but is congruent 5. On April 1, 1991, NIACONSULT wrote a letter to with, the general administrative authority of the Ocampo, demanding the turn-over of the total department of government concerned over its own training fee paid by ADBN which Ocampo personnel. personally received. Despite receipt of the letter, - Tans assertion that Alterado has committed forum- Ocampo failed to remit the amount, prompting shopping is unacceptable. The investigation in the NIACONSULT through its President Maximo Eclipse Ombudsman and the one in COMELEC are entirely to file an administrative case before the different proceedings. An absolution from a Ombudsman for serious misconduct and/or fraud or criminal charge isnt a bar to an administrative willful breach of trust. prosecution. Also, the dismissal by COMELEC on 6. Finding enough basis to proceed with the the ground that the case constituted an electoral administrative case, the Ombudsman issued an protest within the jurisdiction of HRET and not order on Feb 17, 1992 requiring Ocampo to file his COMELEC doesnt foreclose the matter of possible counter-affidavit within 10 days from receipt with a liability, if warranted, of those who might have caveat that failure to file the same would be improperly acted in the canvass of the votes. deemed a waiver of his right to present evidence. He did not file the counter-affidavit. DISPOSITIVE: Instant petition is DISMISSED. 7. A year later, on March 17, 1993, Ombudsman issued another order giving Ocampo another chance to file his counter-affidavit. Again, this he Ocampo v. Office of the Ombdusman (2000) Buena, J. failed to do. Respondent was required to appear Plaintiff: Jesus Ocampo before the Ombudsman to present evidence. Respondent: Office of the Ombudsman and Maximo 8. The Ombudsman issued a resolution which Eclipse recommended the discharge of Ocampo from Concept: Arising from the Same Facts service with forfeiture of benefits and special perpetual disqualification. Brief Facts: Ocampo failed to remit the payment that 9. Ocampo moved for reconsideration and to re-open he directly received for the training of Engineers from the case, claiming that he was denied due process ADBN conducted by NIACONSULT. NIACONSULT filed a because the case was resolved on the basis of the complaint with the Ombudsman. Ocampo moved to evidence of respondent without affording him the dismiss this complaint on the ground that the criminal opportunity to file a counter-affidavit and to case failed against him was already dismissed, hence present his evidence. MFR was denied. the administrative complaint has no leg to stand on. 10. Ocampo filed instant petition which the SC gave due course.
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11. While the case is pending, Ocampo filed a - The essence of due process is the opportunity to Manifestation stating that the criminal complaint be heard. He has been amply accorded the for stafa and falsification filed against him based opportunity to be heard. on the same facts which gave rise to the o He was required to answer the complaint administrative case was dismissed by the RTC. against him. With said dismissal, Ocampo is claiming that the o In fact, he was given a considerable length administrative case can no longer stand on its own of time to submit his counter-affidavit. It and therefore should also be dismissed. took more than one year from February 17, 1992 before he was considered to have ISSUES: waived his right to file his counter-affidavit. 1. WON the dismissal of the criminal complaint also o He was even given a last chance to file his warrants the dismissal of the administrative complaint answer on March 17, 1993. (NO) - His failure to present evidence is solely of his own 2. WON Ocampo was denied due process (NO) making and he cannot escape his own remissness by passing the blame on the graft investigator. RATIO: - His claim that he wasnt given any notice of the 1. The dismissal of the criminal case will not order declaring him to have waived his right to file foreclose administrative action filed against his counter-affidavit and allowing the ombudsman Ocampo. to present evidence ex parte is umeritorious. - In dismissing the criminal complaint, the RTC was o The orders of of the Ombudsman requiring simply saying that the prosecution was unable to him to submit his counter-affidavits prove the guilt of Ocampo beyond reasonable contained a warning that failure to do so doubt, a condition sine qua non for conviction. would constitute a waiver on his part. - The lack of proof beyond reasonable doubt doesnt o The Ombudsman need not issue another mean an absence of any evidence whatsoever for order notifying him that he has waived his there is another class of evidence which, though right. He also need not be notified of the ex insufficient to establish guilt beyond reasonable parte hearing doubt, is adequate in civil casespreponderance of - Ocampos claim that he made requests for the evidence. production of the documents alleged to be material - In administrative cases, only substantial evidence to his defense is not backed up by proof. If it were is required. It is such relevant evidence as a true that the graft investigator didnt act on such reasonable mind might accept as adequate to requests, then he shouldve filed the proper motion support a conclusion. Considering the difference before the Ombudsman for the production of the in the quantum of evidence as well as the docusments. procedure followed and the sanctions imposed in - The record of this case shows that Ocampo is guilty criminal and administrative proceedings, the of dishonesty and conduct prejudicial to the findings and conclusions in one shouldnt government when he failed to remit the payment necessarily be binding on the other. of the training program. 2. Ocampo wasnt denied due process. DISPOSITIVE: Petition denied.
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