In fine, we find no grave abuse of discretion in the COMELECs
decision to dismiss the petition for disqualification. The conclusion that
petitioners evidence is insufficient to support the charge of violation of
Section 68 of the Omnibus Election Code was arrived at only after a
careful scrutiny of the evidence at hand, especially of the videotapes
of petitioner. This is clearly evident from the discussion of the
COMELEC First Division, in the Resolution dated July 2, 1998, which
quoted extensively from the pleadings and evidence of petitioners,
and provided adequate explanation for why it considered petitioners
evidence insufficient and unconvincing.
Clearly, where there is no proof of grave abuse of discretion,
arbitrariness, fraud or error of law in the questioned Resolutions, the
Court may not review the factual findings of COMELEC, nor substitute
its own findings on the sufficiency of evidence.[28]
Finally, the foregoing conclusion is without prejudice to the election
protest and election offense cases involving the same parties pending
with public respondent COMELEC.
WHEREFORE, the petition is DISMISSED. The assailed
COMELEC Resolutions dated July 2, 1998 and December 1, 1998,
dismissing the petition for insufficiency of evidence and lack of merit,
and affirming the proclamation of private respondent Benjamin Abalos,
Jr. as duly elected mayor of Mandaluyong City, are hereby
AFFIRMED. No costs.
SO ORDERED.
G.R. No. 168253
March 16, 2007
MAYOR NOEL E. ROSAL, Petitioner,
vs.
COMMISSION ON ELECTIONS, Second Division, and MICHAEL VICTOR
IMPERIAL, Respondents.
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