We shall first resolve the Blanco petition.
Blanco was not denied due process when the COMELEC (First
Division) suspended his proclamation as mayor pending determination
of the petition for disqualification against him.Section 6 of R.A. No.
6646 and sections 4 and 5 of the Rule 25 of the Comelec Rules of
Procedure merely require that evidence of guilt should be strong to
justify the COMELEC in suspending a winning candidate's
proclamation. It ought to be emphasized that the suspension order is
provisional in nature and can be lifted when the evidence so
warrants. It is akin to a temporary restraining order which a court can
issue ex-parte under exigent circumstances.
In any event, Blanco was given all the opportunity to prove that the
evidence on his disqualification was not strong. On May 25, 1995, he
filed a Motion to Lift or Set Aside the Order suspending his
proclamation. On May 29, 1995, he filed his Answer to the petition
to disqualify him. The COMELEC heard the petition. Blanco thereafter
submitted his position paper and reply to Alarilla's position paper. The
COMELEC considered the evidence of the parties and their
arguments and thereafter affirmed his disqualification. The hoary rule
is that due process does not mean prior hearing but only an
opportunity to be heard. The COMELEC gave Blanco all the
opportunity to be heard. Petitions for disqualification are subject to
summary hearings.[8]
Blanco also faults the COMELEC for departing from the procedure
laid down in COMELEC Resolution 2050 as amended, in
disqualification cases. The resolution pertinently provides:
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Where a similar complaint is filed after election but before
proclamation of the respondent candidate the complaint shall,
nevertheless, be dismissed as a disqualification case. However, the
complaint shall be referred for preliminary investigation to the Law
Department. If, before proclamation, the Law Department makes a
prima facie finding of guilt and the corresponding information has been