promulgated it decision on June 22, 1998, disqualifying Trinidad.
Petitioner filed a Motion For Reconsideration claiming that he was
deprived of due process. Petitioner was again proclaimed winner in
the May 1998 elections. On October 13, 1998 COMELEC denied
petitioner’s MR as well as annulling his proclamation as elected
mayor.
Thus this petition for certiorari.
Issues:
1. WON petitioner was deprived of due process in the proceedings
before the COMELEC insofar as his disqualification under the May 8,
1995 and May 8, 1998 elections were concerned.
2. WON petitioner’s proclamation as Mayor under the May 11, 1998
elections may be cancelled on account of the disqualification case
filed against him during the May 8, 1995 elections.
3. WON private respondent, as the candidate receiving the second
highest number of votes, may be proclaimed as Mayor in the event of
petitioner’s disqualification.
HELD
1. NO. Petitioner was able to file an Answer with Counter Petition and
Motion to Dismiss. He was also able to submit his counter-affidavit
and sworn statements of forty-eight witnesses. He was also given a
chance to explain in his Motion for Reconsideration. He was afforded
an opportunity to be heard, through his pleadings, therefore, there is
no denial of procedural due process.
2. NO. Petitioner cannot be disqualified from his reelection term of
office. Removal cannot extend beyond the term during which the
alleged misconduct was committed. If a public official is not removed