Indeed, even Commissioner Maambong who dissented from the
majority ruling, clings to the view that "Resolution No. 2050 cannot
divest the Commission of its duty to resolve disqualification cases
under the clear provision of section 6 of R.A. No. 6646." [10] Clearly too,
Blanco's contention that he was denied equal protection of the law is
off-line. He was not the object of any invidious
discrimination. COMELEC assumed direct jurisdiction over his
disqualification case not to favor anybody but to discharge its
constitutional duty of disposing the case in a fair and as fast a manner
as possible.
Blanco also urges that COMELEC erred in using summary
proceedings to resolve his disqualification case. Again, the COMELEC
action is safely anchored on section 4 of its Rules of Procedure which
expressly provides that petitions for disqualification "shall be heard
summarily after due notice." Vote-buying has its criminal and electoral
aspects. Its criminal aspect to determine the guilt or innocence of the
accused cannot be the subject of summary hearing. However, its
electoral aspect to ascertain whether the offender should be
disqualified from office can be determined in an administrative
proceeding that is summary in character.
The next issue is whether there is substantial evidence to prove
the vote buying activities of Blanco. The factual findings of the
COMELEC (First Division) are as follows:[11]
"x x x
"Respondent argues that the claim of vote-buying has no factual basis
because the affidavits and sworn statements admitted as evidence
against him are products of hearsay; inadmissible because of the
illegal searches; they violate the Rule of Res Inter Alios Acta and the
offense of vote-buying requires consummation.
We are not impressed.
A studied reading of the affidavits [Respondent's affidavit is unsigned]
attached to the Reply of the Respondent to the Position Paper of the