We rule to the contrary. Forum-shopping exists when the petitioner
files multiple petitions or complaints involving the same issues in two
or more tribunals or agencies. [13] The issues in the two cases are
different. The complaint for election offense is a criminal case which
involves the ascertainment of the guilt or innocence of the accused
candidate and, like any other criminal case, requires a conviction on
proof beyond reasonable doubt.[14] A petition for disqualification,
meanwhile, requires merely the determination of whether the
respondent committed acts as to merit his disqualification from office,
and is done through an administrative proceeding which is summary in
character and requires only a clear preponderance of evidence. [15]
Next, petitioner admits receiving a copy of the assailed COMELEC
First Division Resolution on July 13, 1998. He also admits filing a
motion for reconsideration of the said COMELEC First Division
Resolution on July 20, 1998. A copy of the assailed COMELEC En
Banc Resolution dated December 1, 1998 was received by petitioner
on December 4, 1998. Under Section 3, Rule 64 of the Revised Rules
of Court, petitions for certiorari from orders or rulings of the
COMELEC
shall be filed within thirty (30) days from notice of the judgment or final
order or resolution sought to be reviewed. The filing of a motion for
new trial or reconsideration of the said judgment or final order or
resolution xxx shall interrupt the period herein fixed. If the motion is
denied, the aggrieved party may file the petition within the remaining
period, but which shall not be less than five (5) days in any event,
reckoned from notice of denial.
Section 4 of Rule 19 of the COMELEC Rules of Procedure likewise
provides:
Effect of motion for reconsideration on period to appeal. A motion to
reconsider a decision, resolution, order or ruling when not pro-forma,
suspends the running of the period to elevate the matter to the
Supreme Court.