EN BANC
[G.R. No. 136587. August 30, 1999]
ERNESTO BIBOT A. DOMINGO, JR., petitioner, vs. COMMISSION
ON ELECTIONS and BENJAMIN BENHUR D. ABALOS,
JR., respondents.
DECISION
GONZAGA-REYES, J.:
Assailed in this special civil action for certiorari are the En
Banc Resolution of the Commission on Elections (COMELEC), dated
December 1, 1998,[1] and the Resolution of the COMELEC
FirstDivision, dated July 2, 1998,[2] in SPA No. 98-361, which
dismissed, for lack of merit, the petition for disqualification filed against
herein private respondent, the incumbent mayor of Mandaluyong City.
In the May 11, 1998 elections, petitioner Ernesto Domingo, Jr. and
private respondent Benjamin Abalos, Jr. were both mayoralty
candidates of Mandaluyong City. After private respondents
proclamation on May 17, 1998, petitioner filed the instant petition for
disqualification, on the ground that, during the campaign period,
private respondent prodded his father, then incumbent Mandaluyong
City Mayor Benjamin Abalos, Sr., to give substantial allowances to
public school teachers appointed as chairpersons and members of the
Boards of Election Inspectors (BEIs) for Mandaluyong City.
Petitioners allegations obtain from an incident on April 14, 1998,
wherein, in a Pasyal-Aral outing for Mandaluyong City public school
teachers in Sariaya, Quezon, then Mayor Benjamin Abalos, Sr.
announced that the teachers appointed to the BEIs will each be given
a hazard pay of P1,000.00 and food allowance of P500.00, in addition
to the allowance of P1,500.00.[3] In the petition for disqualification filed
before the COMELEC First Division, petitioner charged that private

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