Whether or not [the COMELEC] committed grave abuse of discretion
amounting to lack of or in excess of jurisdiction when it resolves [sic] to
disqualify [Penera] despite the failure of [Andanar] to present competent,
admissible and substantial evidence to prove [the] violation of Section
68 and 80 of the Omnibus Election Code.
Penera claims that the COMELEC exercised its discretion despotically,
arbitrarily and whimsically in disqualifying her as a mayoralty candidate in Sta.
Monica on the ground that she engaged in premature campaigning. She asserts that
the evidence adduced by Andanar was grossly insufficient to warrant the ruling of
the COMELEC.
Penera insists that the COMELEC Second Division erred in its findings of
fact, basically adopting Andanars allegations which, contrary to the belief of the
COMELEC Second Division, Penera never admitted. Penera maintains that the
motorcade was spontaneous and unplanned, and the supporters merely joined
Penera and the other candidates from her party along the way to, as well as within
the premises of, the office of the COMELEC Municipal Election Officer. Andanars
averments that after Penera and the other candidates from her party filed their
COCs, they held a motorcade in the different barangays of Sta. Monica, waived
their hands to the public and threw candies to the onlookers were not supported by
competent substantial evidence. Echoing Commissioner Sarmientos dissent from
the assailed COMELEC Resolutions, Penera argues that too much weight and
credence were given to the pictures and Affidavits submitted by Andanar. The
declaration by the COMELEC that it was Penera in the pictures is tenuous and
erroneous, as the COMELEC has no personal knowledge of Peneras identity, and
the said pictures do not clearly reveal the faces of the individuals and the contents
of the posters therein. In the same vein, the Affidavits of Andanars known
supporters, executed almost a month after Andanar filed his Petition for
Disqualification before the ORED-Region XIII, were obviously prepared and