These factual findings were affirmed by the COMELEC en banc
against the lone dissent of Commissioner Maambong.
There is an attempt to discredit these findings. Immediately
obvious in the effort is the resort to our technical rules of
evidence. Again, our ingrained jurisprudence is that technical rules of
evidence should not be rigorously applied in administrative
proceedings especially where the law calls for the proceeding to be
summary in character. More importantly, we cannot depart from the
settled norm of reviewing decisions of the COMELEC, i.e., that "this
Court cannot review the factual findings of the COMELEC absent a
grave abuse of discretion and a showing of arbitrariness in its
decision, order or resolution."[12]
We now come to the petition of Nolasco that he should be declared
as mayor in the event Blanco is finally disqualified.[13] We sustain the
plea. Section 44, Chapter 2 of the Local Government Code of 1991
(R.A. No. 7160) is unequivocal, thus:
"x x x
"SEC. 44. Permanent Vacancies in the Offices of the Governor, Vice
Governor, Mayor, and Vice Mayor.- (a) If a permanent vacancy occurs
in the office of the governor or mayor, the vice governor or vice mayor
concerned shall become the governor or mayor. If a permanent
vacancy occurs in the offices of the governor, vice governor, mayor, or
vice mayor, the highest ranking sanggunian member or, in case of his
permanent inability, the second highest ranking sanggunian member,
shall become the governor, vice governor, mayor or vice mayor, as the
case may be. Subsequent vacancies in the said office shall be filled
automatically by the other sanggunian members according to their
ranking as defined herein.
(b) If a permanent vacancy occurs in the office of the punong
barangay, the highest ranking sanggunian barangay member or, in
case of his permanent inability, the second highest ranking
sanggunian member, shall become the punong barangay.