FACTS
A disqualification case was filed against Meycauayan, Bulacan Mayorelect Florentino Blanco for alleged performing acts which are grounds
for disqualification under the Omnibus Election Code – giving money
to influence, induce or corrupt the voters or public officials performing
election functions: for committing acts of terrorism to enhance his
candidacy, and for spending an amount for his campaign in excess of
what
is
allowed
by
the
law.
The COMELEC First Division required both parties to submit their
position papers. The case was decided against Blanco.
A reconsideration was moved by Blanco in the COMELEC En Banc.
Nolasco, the vice-mayor-elect took part as intervenor, urging that
should Blanco be finally disqualified, the mayoralty position be turned
over to him. The parties were allowed to file their memoranda. En
Banc denied Blanco and Nolasco’s motions thus this petition for
certiorari.
Issues:
1. WON Blanco was denied due process and equal protection of laws
2. WON the COMELEC committed grave abuse of discretion in
proclaiming
Alarilla
as
the
duly
elected
mayor
Held:
1. Blanco was not denied due process and equal protection of the
laws. He was given all the opportunity to prove that the evidence on
his disqualification was not strong. Blanco’s contention that the
minimum quantum of evidence was not met is untenable. What RA
6646 and the COMELEC Rules of Procedure require is a mere
evidence of guilt that should be strong to justify the COMELEC in
suspending
a
winning
candidate’s
proclamation.