Mayor in the 1998 elections and praying that he be proclaimed Mayor
instead.
On October 13, 1998, the COMELEC En Banc denied petitioners
Motion for Reconsideration and also annulled his proclamation as duly
elected Mayor of Iguig, Cagayan in the May 11, 1998 elections.
[8]
Private respondents motion to be declared Mayor was, however,
denied. Commissioner Teresita Dy-Liacco Flores rendered a
dissenting opinion insofar as the Resolution annulled the proclamation
of petitioner as Mayor in the May 11, 1998 elections, which she found
to be bereft of any legal basis.
Petitioner alleges that the questioned Resolutions were
promulgated without any hearing conducted and without his evidence
having been considered by the COMELEC, in violation of his right to
due process. He also contends that the portion of the October 13,
1998 Resolution annulling his proclamation as Mayor in the May 11,
1998 elections was rendered without prior notice and hearing and that
he was once more effectively denied due process. Petitioner also
adopts the stand of Commissioner Dy-Liacco Flores that his
disqualification, if any, under SPA No. 95-213 cannot extend beyond
the three-year term to which he was elected on May 8, 1995, in
relation to which the corresponding Petition for his disqualification was
lodged.
In his Comment,[9] private respondent assails the arguments raised
in the Petition and prays that he be proclaimed as the elected Mayor
in the 1998 elections. Petitioner filed a Reply[10] to private respondents
Comment on February 24, 1999. Meanwhile, on February 25, 1999,
the criminal cases filed against the petitioner with the Regional Trial
Court of Tuguegarao, Cagayan were dismissed.[11] On March 8, 1999,
the Solicitor General filed a Comment for the COMELEC, [12] reiterating
the argument that the COMELEC is empowered to disqualify petitioner
from continuing to hold public office and at the same time, barring
private respondents moves to be proclaimed elected in the 1998
elections. Respective Memoranda were filed by both parties.
The issues before us may be summarized as follows: