"WHEREFORE, premises considered, the Commission (First Division)
RESOLVES to DISQUALIFY Respondent Florentino P. Blanco as a
candidate for the Office of Mayor of Meycauayan, Bulacan in the May
8, 1995 elections for having violated Section 261 (a) of the Omnibus
Election Code. The Order suspending the proclamation of herein
Respondent is now made PERMANENT. The Municipal Board of
Canvassers of Meycauayan, Bulacan shall immediately reconvene
and, on the basis of the completed canvass of the election returns,
determine the winner out of the remaining qualified candidates who
shall be immediately proclaimed.
SO ORDERED."
Blanco moved for reconsideration on August 19, 1995 in the
COMELEC en banc. Nolasco, as vice mayor, intervened in the
proceedings.[4] He moved for reconsideration of that part of the
resolution directing the Municipal Board of Canvassers to
"immediately reconvene and, on the basis of the completed canvass
of the election returns, determine the winner out of the remaining
qualified candidates who shall be immediately proclaimed." He urged
that as vice-mayor he should be declared mayor in the event Blanco
was finally disqualified. The motions were heard on September 7,
1995. The parties were allowed to file their memoranda with right of
reply. On October 23, 1995, the COMELEC en banc denied the
motions for reconsideration.
In this petition for certiorari,[5] Blanco contends:
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18. Respondent COMELEC En Banc committed grave abuse of
discretion amounting to lack or excess of jurisdiction and acted
arbitrarily in affirming en toto and adopting as its own the majority
decision of the First Division in that:
18.1 It upheld the validity of the May 17, 1995 order suspending
proclamation of Petitioner Blanco herein as the winning candidate for
Mayor of Meycauayan without the benefit of any notice or hearing in