OLIVER O. LOZANO v. COMMISSIONER HAYDEE B. YORAC OF COMELEC, GR No.

94521, 1991-
10-28

Facts:

G.R. No. 94626... a registered voter of Makati, filed with the COMELEC a petition for disqualification
against... then candidate for mayor Jejomar C. Binay on the ground that respondent Binay used P9.9
million of municipal funds to enhance his candidacy and his entire ticket under the Lakas ng

Bansa.

econd Division, through its Presiding Commissioner, referred the case to the Law Department of
respondent commission for preliminary investigation of the criminal aspect.

petitioner filed an Omnibus Motion praying for the inhibition and/or disqualification of Commissioners
Yorac and Africa.

etitioner also prayed that the disqualification petition be referred for consideration en banc.

COMELEC en banc denied the prayer that the case be heard en banc, ruling that "no substantial reason
exists why this case should be taken en banc;... the COMELEC en banc promulgated Resolution No. 2050
which provides that petitions for disqualification filed prior to the January 18, 1988 local elections based
on Section 68 of the Omnibus Election Code but not... resolved before the elections shall be referred for
preliminary investigation to the Law Department which shall submit its report to the Commission en banc.

the Law Department submitted its investigation report[5] recommending that criminal charges be filed
against respondent Binay for violation of Section 261(a) of the

Omnibus Election Code,... To file the necessary information against Mayor Jejomar Binay... or violation of
Section 261(a) of the Omnibus Election Code, the... prosecution thereof to be handled by the Special
Prosecution Committee;... the Commission en banc adopted Resolution No. 88-2050

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.

Issues:

G.R. No. 94626

My own personal thinking on the matter is that since the preliminary investigation is the determination of
criminal liability, with the administrative consequence of removal imposable only as long term sanction,
i.e., after final criminal conviction, the matter of... procedure in the preliminary investigation is one that
should be addressed to the commission en banc rather than to either of its divisions.

espondent commission committed a grave abuse of discretion amounting to lack of jurisdiction in not
finding Binay guilty of vote-buying, contrary to the evidence presented by petitioner.

Petitioner first avers that under Section 2, Rule 3 of the COMELEC Rules of Procedure, a case pending in a
division may be referred to and decided by the Commission en... banc only on a unanimous vote of all the
members of the division.

Ruling:

the COMELEC Rules of Procedure, specifically Section 1, Rule 4 thereof, prohibits a member from, among
others, sitting in a case in which he has publicly expressed prejudgment as may be shown by convincing
proof.

the opinion of Commissioner Yorac was based on prior cases for disqualification filed... with the COMELEC
wherein prior conviction of the respondent was considered a condition sine qua non for the filing of the
disqualification case.[10] We accordingly find no compelling... reason to inhibit Commissioner Yorac from
participating in the hearing and decision of the case.

Any complaint for the disqualification of a duly registered candidate based upon any of the grounds
specifically enumerated under Section 68 of the Omnibus Election Code, filed directly with the
Commission before an election in which the... respondent is a candidate, shall be inquired into by the
Commission for the purpose of determining whether the acts complained of have in fact been committed.

there is nothing in the resolution which appears to be inconsistent with the procedural rules issued by the
COMELEC.

No clear and convincing proof exists to show that respondent

Binay was indeed engaged in vote buying.

this Court cannot review the factual findings of the Commission on Elections absent a grave abuse of
discretion and a showing of arbitrariness... in its decision, order or resolution.

Principles:

Any complaint for the disqualification of a duly registered candidate based upon any of the grounds
specifically enumerated under Section 68 of the Omnibus Election Code, filed directly with the
Commission before an election in which the... respondent is a candidate, shall be inquired into by the
Commission for the purpose of determining whether the acts complained of have in fact been committed.

Any complaint for disqualification based on Section 68 of the Omnibus Election Code in relation to Section
6 of Rep. Act No. 6646 filed after the election against a candidate who has already been proclaimed as
winner shall be dismissed as a... disqualification case.  However, the complaint shall be referred for
preliminary investigation to the Law Department of the Commission.