948. FAELNAR V.

PEOPLE, 331 SCRA 429

FACTS:
Eugenio Faelnar filed his certificate of candidacy for the position of barangay chairman during
the 1997 barangay elections in Cebu. One day after filing such certificate (april 9), a basketball
tournament was held in the sports complex dubbed as, 2nd Jing-Jing Faelnars Cup which
lasted until April 30, 1997. This gave rise to a complaint for electioneering against petitioner and
Gillamac filed by Antonio Luy. It was alleged that it was actually a form of campaign done
outside the official campaign period which should start on May 1, 1997. 1. that there was a
streamer bearing the name of petitioner placed at the faade of the venue. 2. petitioners name
was repeatedly mentioned over the microphone. 3. it was widely published in the local news
paper. 4. a raffle sponsored by Gillamac was held with home appliances as prize. It constituted
an election offense. Initially, Comelec en banc in a Resolution resolved to dismiss the filing of
the case in the RTC. Antonio Luy moved for reconsideration prompting the Comelec to proceed
with the filing of the case against petitioner. Petitioner moved to quash on the basis that the
previous dismissal of the Comelec en banc, was immediately final and executory. And that Luys
motion for reconsideration was a prohibited pleading under Commissions rules of procedure.
ISSUE: WON the first decision of the COMELEC was final and executory and could not be
reconsidered.
HELD: A Motion for Reconsideration is allowed in election offense cases. Section 1, Rule 13 of
Comelecs Rules of Procedure states, the following pleadings are not allowed, (d) motion for
reconsideration of an en banc ruling, resolution, order or decision except in election offense
casesIt was also held that the Comelec en banc is the one that determines the existence of
probable cause in an election offense. But it may also be delegated to the State Prosecutor or to
the Provincial or City Fiscal but may still be reviewed by the Comelec.