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Elections Commission for the imposition of the appropriate penalty, short of
disqualification of Co-appellant Karnwea, and that the penalty be within the
range stipulated by the Code. We also direct that given the urgency of the
electoral process which is currently underway before the National Elections
Commission, that the Commission should conclude the hearing and make its
determination of the penalty not later than forty-eight hours following the
receipt of the mandate of this Court. We hold and direct further that the
standard laid herein, being that where an applicant has resigned his position
prior to filing any application before the National Elections Commission,
thereby showing substantial compliance with the Code, as of the date of the
decision of this Court in the Polson case, the violation is not be considered of
an egregious nature and hence the National Elections Commission shall apply
only the applicable penalty laid in the Code short of disbarment or
disqualification.
Wherefore and in view of the foregoing, the decision of the Respondent
National Elections Commission is hereby reversed and the case is remanded
to the Commission for its determination of the penalty to be imposed on Coappellant Karnwea for violation of the Code, ensuring that the due process of
law principle is fully adhered to and that the penalty is within the range set
by the Code, commensurate with the gravity of the violation, but excluding
disbarment or disqualification since, as we have stated, the co-appellant’s
violation was not of an egregious nature.
The Clerk of this Court is ordered to communicate with the parties on
the decision of this Court and send a Mandate to the Respondent National
Elections Commission directing it to act pursuant to the judgment of this
Court. AND IT IS HEREBY SO ORDERED.