Omnibus Election Code: (a) Sec. 261, par. (a), on vote buying; (b)
Sec. 261, par. (e), on threats, intimidation, terrorism or other forms of
coercion; and, (c) Sec. 261, par. (o), on use of any equipment, vehicle
owned by the government or any of its political subdivisions. The Law
Department likewise recommended to recall and revoke the
proclamation of Ferdinand D. Trinidad as the duly elected Mayor of
Iguig, Cagayan; proclaim Manuel C. Sunga as the duly elected Mayor,
and, direct Sunga to take his oath and assume the duties and
functions of the office.
The COMELEC En Banc approved the findings of the Law
Department and directed the filing of the corresponding informations in
the Regional Trial Court against Trinidad. Accordingly, four (4)
informations for various election offenses were filed in the Regional
Trial Court of Tuguegarao, Cagayan. The disqualification case, on the
other hand, was referred to the COMELEC 2nd Division for hearing.
On 2 May 1996 Sunga filed a Second Urgent Motion to Suspend the
Effects and Annul the Proclamation with Urgent Motion for Early
Resolution of the Petition. But in its 17 May 1996 Resolution, the
COMELEC 2nd Division dismissed the petition for disqualification, x x
x.
His motion for reconsideration having been denied by the
COMELEC En Banc, Sunga filed the instant petition contending that
the COMELEC committed grave abuse of discretion in dismissing the
petition for disqualification x x x.
As we have mentioned, above, private respondents Petition with
this Court was granted and COMELEC was ordered to reinstate SPA
No. 95-213 and hear the same.[4]
Finally, on June 22, 1998, the COMELEC 1st Division (former 2nd
Division) promulgated the first questioned Resolution disqualifying
petitioner as a candidate in the May 8, 1995 elections. [5] Petitioner filed
a Motion for Reconsideration,[6] claiming denial of due process. Private
respondent filed his Opposition to the Motion,[7] at the same time
moving for the cancellation of petitioners proclamation as elected