In dismissing the petition for disqualification for insufficiency of evidence and lack of merit, the COMELEC First Division admonished petitioner and his counsel for attempting to mislead the COMELEC by making false and untruthful statements[8] in his petition. On reconsideration, the COMELEC, En Banc, affirmed the findings and conclusions of its First Division. Before us, petitioner assails the Resolutions of public respondent COMELEC for being violative of his right to due process, and thus, issued with grave abuse of discretion. It is petitioners argument that the dismissal of his petition for disqualification on the ground of insufficiency of evidence was unfounded, considering that no hearing on the merits was conducted by public respondent on the matter. Petitioner next contends that grave abuse of discretion was likewise attendant in public respondents act of dismissing the petition for disqualification for insufficiency of evidence, despite the overwhelming pieces of evidence of petitioner, consisting of the video cassette, pictures and affidavits, which were not denied by private respondent.[9] Petitioner further decries the fact that private respondent presented no evidence to substantiate his defense, while all the pieces of evidence that he submitted in his petition for disqualification were strong enough to prove violation by private respondent of Section 68 of the Omnibus Election Code.[10] Before touching on the merits, we shall first resolve the procedural matters raised by private respondent; namely, forum-shopping and failure to file this petition on time. It is not disputed that, in addition to the petition for disqualification, petitioner also filed a criminal complaint [11] and an election protest ex abundante cautelam[12] with public respondent COMELEC.Private respondent contends that, inasmuch as the petition for disqualification and the complaint for election offense involve the same issues and charges, i.e., vote-buying, exerting undue influence on BEI members, petitioner should be held liable for forum-shopping.

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