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180 SCRA 509
Adelina Larrazabal substituted her husband as candidate when the latter was disqualified by
COMELEC for lack of residence. After Adelina won, Abella, filed a petition to disqualify
her for alleged false stateents in her certificate of candidacy regarding her residence. Abella
contended that COMELEC denied hi the right to appeal when it failed to consider the
ob!ections he raised before the "oard of Can#assers $"OC% for the latter&s rulings that were
not in writing.
'hether "OC has !urisdiction to hear election contests
(O. Election contests coul not !e "esol#e !$ B%C !ec&use it onl$ '&s (iniste"i&l
t&s) o* t&ll$in+ t'e #otes &s "e,o"te in t'e election "etu"ns &n c&nnot e-e"cise t'e
.uici&l ,o/e" o* eciin+ &n election contest. "OC is obliged to ake a written ruling on
foral ob!ections ade by parties but failure or refusal of "OC to discharge this obligation
should not pre!udice the ob!ecting party)s right to ele#ate the atter to the COMELEC for
proper re#iew.
A0%1UEV%2 3R. V. C%URT %F A44EALS
511 SCRA 671
*ending the resolution of the adinistrati#e disciplinary case against Anonue#o, +r., et. al.,
the Office of the Obudsan filed an ,nforation for ,ndirect "ribery against the before the
M-C based on the sae set of charges. -he Office of the City *rosecutor conducted a
rein#estigation of the case and recoended the withdrawal of the ,nforation for
insufficiency of e#idence to support a finding of probable cause.
.oes the disissal of the criinal case for warrants the disissal of the adinistrati#e
disciplinary case on the ground of insufficiency of e#idence/
(O. -he quantu of e#idence required in the latter is only substantial e#idence, and not proof
beyond reasonable doubt that is required in criinal cases. -hus, consie"in+ t'e
i**e"ence in t'e 9u&ntu( o* e#ience2 &s /ell &s t'e ,"oceu"e *ollo/e &n t'e
s&nctions i(,ose in c"i(in&l &n &(inist"&ti#e ,"oceein+s2 t'e *inin+s &n
conclusions in one s'oul not necess&"il$ !e !inin+ on t'e ot'e".
;51< SCRA 555 =700>?@
"autista e0ecuted an Affida#it1Coplaint charging the *oblete, of #ote buying and filed
the sae with the Law .epartent of the COMELEC which recoended that the resolution
of the Office of the Ca#ite *ro#incial *rosecutor be nullified because the accused are e0ept.
-he Court sustained the authority of the COMELEC to e0ept fro prosecution persons
charged with #ote1buying, #ote1selling, and conspiracy to bribe #oters who #olunteer to gi#e
inforation and testify on any inforation under 2ection 34 of 5.A. (o. 6674.T'e i((unit$
st&tute see)s & "&tion&l &cco((o&tion !et/een t'e i(,e"&ti#es o* t'e ,"i#ile+e
&+&inst sel*Ainc"i(in&tion &n t'e le+iti(&te e(&ns o* +o#e"n(ent to encou"&+e
citiBens2 incluin+ l&/ #iol&to"s t'e(sel#es2 to testi*$ &+&inst l&/ #iol&to"s. -he statute
operates as a coplete pardon for the offenses to which the inforation was gi#en.
D%:I1C%2 3R. V. C%:ELEC
;111 SCAD 5<72 >15 SCRA >11 =1999?@
After Abalos, +r.)s proclaation as ayor, .oingo, +r. filed a petition for disqualification on
the ground that, during the capaign period, Abalos, +r. 8prodded8 his father to gi#e
8substantial allowances8 to public school teachers appointed as "oards of Election ,nspectors
.oingo, +r.&s e#idence failed to persuade because nothing in the affida#its of the teachers
suggests knowledge on any degree of participation of Abalos, +r., his nae was not e#en
entioned there9 and nothing in the #ideotape recordings presented showed that he prodded
his father. T'e !u"en o* ,"o#in+ *&ctu&l cl&i(s "ests on t'e ,&"t$ "&isin+ t'e(.
150 SCAD 5862 >58 SCRA >6< =7000?
:refalde,, eployees of the Ministry of *ublic 'orks and ;ighways, were indicted for
graft charges pertaining to (egros Oriental ;ighways and Engineering .istrict transactions by
authorizing payents for <ghost deli#eries=. 2andiganbayan found that the go#ernent had
been defrauded so it declared the guilty of all charges.
Are the accused guilty of the graft charges/
:refalde was held guilty for she was positi#ely identified by the state witness and this was
corroborated not only by the findings of the (",1-reasury1Auditing tea but by the
#oluinous docuents presented9 her signatures on the general #ouchers, in her capacity as
district accountant, were an indispensable link to accoplish the fraud. -he other petitioners
were acquitted because their signatures, by thesel#es, while they ay ha#e contributed to
the consuation of the crie, do not represent direct or copetent proof of conni#ance.
I1 RE R%D%LF% U. :A1ZA1%
166 SCRA 756
+udge 5odolfo >. Manzano, E0ecuti#e +udge, 5-C, "angui, ,locos (orte, sent a letter to the
Court which requests it to issue a resolution that his ebership in the Coittee on +ustice,
as neither #iolati#e of the independence of the +udiciary nor a #iolation of 2ection ?3, Article
of the Constitution, and that it will not aount to an abandonent of his position as E0ecuti#e
+udge and as a eber of the +udiciary9 and to consider it as part of the priary functions of
an E0ecuti#e +udge.
>nder the Constitution, the ebers of the 2upree Court and other courts
established by law shall not be designated to any agency perforing quasi1 !udicial or
adinistrati#e functions $2ection ?3, Art. @,,,, Constitution%.
'hether the function of a eber of the Coittee on +ustice an adinistrati#e function
AE2. Adinistrati#e functions are those which in#ol#e the regulation and control o#er the
conduct and affairs of indi#iduals for9 their own welfare and the proulgation of rules and
regulations to better carry out the policy of the legislature or such as are de#ol#ed upon the
adinistrati#e agency by the organic law of its e0istence $(asipit ,ntegrated Arrastre and
2te#edoring 2er#ices ,nc., #s. -apucar, 2*1BCDEE15, 3E 2epteber ?EC4, "lacks Law
An e0aination of E0ecuti#e Order (o. 4D6, as aended, re#eals that Coittees
on +ustice are created to insure the speedy disposition of cases of detainees, particularly
those in#ol#ing the poor and indigent ones, thus alle#iating !ail congestion and ipro#ing local
!ail conditions. Aong the functions of the Coittee are to recei#e coplaints against any
apprehending officer, !ail warden, final or !udge who ay be found to ha#e coitted abuses
in the discharge of his duties and refer the sae to proper authority for appropriate action9
and to recoend the re#ision of any law or regulation which is belie#ed pre!udicial to the
proper adinistration of criinal !ustice. -hus, the ebership of +udge Manzano in the
,locos (orte *ro#incial Coittee on +ustice, which discharges adinistrati#e functions, will
be in #iolation of the Constitution.
Dissentin+ %,inions8
8Adinistrati#e functions8 as used in 2ection ?3 refers to the e0ecuti#e achinery of
go#ernent and the perforance by that achinery of go#ernental acts. ,t refers to
the anageent actions, deterinations, and orders of e0ecuti#e officials as they
adinister the laws and try to ake go#ernent effecti#e. -here is an eleent of
positi#e action, of super#ision or control.
Mebership in the *ro#incial or City Coittee on +ustice would not in#ol#e any
regulation or control o#er the conduct and affairs of indi#iduals. (either will the
Coittee on +ustice proulgate rules and regulations nor e0ercise any quasi1
legislati#e functions. ,ts work is purely ad#isory. -he Coittee on +ustice cannot be
likened to an adinistrati#e agency of go#ernent. ,t is a study group with
recoendatory functions.
506 SCRA 156
La0ina took his oath and assued office as barangay captain. ;is ri#al candidate, Fero,
filed an election protest and the latter was declared by the trial court as the winner.
COMELEC annulled the order on the ground that there were no good reasons to !ustify it.
Mendoza, et. al., barangay councilors, filed a case against La0ina for aking it appear in the
payroll that he and his appointees rendered ser#ices before he renewed his oath and re1
assued office.


,s the re1taking of an oath of office by a duly proclaied but subsequently unseated local
electi#e official a condition sine qua non to the #alidity of his re1assuption in office/


(O. An o&t' o* o**ice is & 9u&li*$in+ "e9ui"e(ent *o" & ,u!lic o**iceF it is 'is "i+'t to
ente" into t'e ,osition !eco(es ,len&"$ &n co(,lete. %nce ,"ocl&i(e &n ul$
s/o"n in o**ice2 'e is entitle to &ssu(e o**ice &n to e-e"cise its *unctions. 'hen the
COMELEC nullified the court&s decision, the last actual peaceful uncontested situation
preceding the contro#ersy was restored. -hus, the re1taking of his oath of office was a ere
>56 SCRA >7<
-e contracted a second arriage with 2antella while his arriage with Choa was subsisting.
Choa charged -e with bigay while he filed for the annulent of his arriage to her on the
grounds of force, concealent of pregnancy by another an, and psychological incapacity.
2he also filed with the *rofessional 5egulation Coission $*5C% an adinistrati#e case
against -e and 2antella for the re#ocation of their engineering licenses on the ground of
,s there a pre!udicial question/
(O(E. A ,"e.uici&l 9uestion is !&se on & *&ct istinct &n se,&"&te *"o( t'e c"i(e
!ut so inti(&tel$ connecte /it' it t'&t it ete"(ines t'e +uilt o" innocence o* t'e
&ccuse2 &n *o" it to sus,en t'e c"i(in&l &ction. -he outcoe of the ci#il case for
annulent of his arriage had no bearing upon the deterination of his innocence or guilt in
the criinal case for bigay, because all that is required for the charge of bigay to prosper
is that the first arriage be subsisting at the tie the second arriage is contracted.
T%RAD1%2 SR. V. C%::ISSI%1 %1 ELECTI%1S
>>< SCRA 5<5
Eano was elected pro#incial go#ernor of Misais Oriental and during his last ter as
go#ernor, he e0ecuted a @oter 5egistration 5ecord in Cagayan de Oro and he consequently
filed his Certificate of Candidacy for ayor of the said city. ;e stated therein that his
residence for the preceding two years and fi#e onths was at :usa, Cagayan de Oro City.
-orayno,, all residents of Cagayan de Oro City, filed a petition before Coelec seeking
the disqualification of Eano on the ground that he failed to eet the one1year residency
.id Eano eet the residency requireent for ayorship/
AE2. 2ection GE of the Local :o#ernent Code $L:C% requires the residency of at least one
year iediately preceding the day of the election. Coelec found that Eano and his faily
had actually been residing in :usa, Cagayan de Oro City, in a house he had
bought. Furtherore, during the three ters that he was go#ernor of Misais Oriental, he
physically li#ed in that city, where the seat of the pro#incial go#ernent was located. Cagayan
de Oro City was once an integral part of Misais Oriental and reains a geographical part of
the pro#ince. T'e "e9uisite ,e"io /oul +i#e c&ni&tes t'e o,,o"tunit$ to !e *&(ili&"
/it' t'ei" esi"e constituencies2 &n li)e/ise *o" t'e electo"&te to e#&lu&te t'ei"
9u&li*ic&tions &n *itness *o" t'e o**ices t'e$ see).