Inasmuch as the filing of a motion for reconsideration interrupts the
30-day period within which to file a petition for certiorari with this
Court, petitioner has effectively consumed seven days of the
abovestated 30-day period when he filed his motion for
reconsideration. Thus, as correctly pointed out by private respondent,
when petitioner received a copy of the assailed COMELEC En
Banc Resolution, he only had 23 days from December 4, 1998, the
date when he received the COMELEC En Banc Resolution, or until
December 27, 1998[16], to file the instant petition for certiorari. This
petition was filed on January 4, 1999.
In any event, whether the petition was filed on time or not, an
examination of the records leaves us satisfied that public respondent
COMELEC did not commit grave abuse of discretion in dismissing the
petition for disqualification.
First, on the issue of due process, we find no violation thereof
when public respondent COMELEC decided to dismiss the petition for
disqualification without hearing. Well-established is the rule that the
essence of due process is simply an opportunity to be heard.
[17]
In Zaldivar vs. Sandiganbayan[18], cited in the recent case
of Bautista vs. COMELEC[19], we held that the right to be heard does
not only refer to the right to present verbal arguments in court. A party
may also be heard through his pleadings. Where opportunity to be
heard is accorded, either through oral arguments or pleadings, there is
no denial of procedural due process.
Furthermore, the filing by petitioner of a motion for reconsideration
accorded him ample opportunity to dispute the findings of the
COMELEC First Division, so that he was as fully heard as he might
have been had oral arguments actually taken place. Deprivation of
due process cannot be successfully invoked where a party was given
the chance to be heard in his motion for reconsideration. [20]
Next, petitioner re-asserts before us the sufficiency of his evidence
to prove that private respondent influenced the Mandaluyong City
public school teachers, through his father, Abalos, Sr., in the
performance of their functions as members of the BEIs.