Consistent with his previous stand, Commissioner Sarmiento again
dissented[17] from the 30 January 2008 Resolution of the COMELEC en banc. He
still believed that Andanar was not able to adduce substantial evidence that would
support the claim of violation of election laws. Particularly, Commissioner
Sarmiento accepted Peneras explanation that the motorcade conducted after the
filing by Penera and the other candidates of their COCs was merely part of the
dispersal of the spontaneous gathering of their supporters. The incident was only in
accord with normal human social experience.
Still undeterred, Penera filed the instant Petition before us, praying that the
Resolutions dated 24 July 2007 and 30 January 2008 of the COMELEC Second
Division and en banc, respectively, be declared null and void for having been
issued with grave abuse of discretion amounting to lack or excess of jurisdiction.
In a Resolution[18] dated 4 March 2008, we issued a Temporary Restraining
Order (TRO), enjoining the COMELEC from implementing the assailed
Resolutions, on the condition that Penera post a bond in the amount
of P5,000.00. We also directed COMELEC and Andanar to comment on the instant
Petition.
After the COMELEC, through the Office of the Solicitor General (OSG),
and Andanar filed their respective Comments[19] on the Petition at bar, we required
Penera, in a Resolution[20] dated 17 June 2008, to file a Reply. However, as no
Reply was filed in due time, we dismissed Peneras Petition in a Resolution[21] dated
14 October 2008, in accordance with Rule 56, Section 5(e) of the Rules of Court.
[22]
Penera subsequently filed an Ex Parte Motion to Admit Reply,[23] which we
treated as a Motion for Reconsideration of the Resolution dated 14 October
2008. On 11 November 2008, we issued another Resolution reinstating Peneras
Petition.[24]