Sunday, March 29, 2015

People v. Delgado Case Digest [G.R. Nos. 93419-32 September 18, 1990]

FACTS:

COMELEC received reports agains private respondents for alleged violation of the Omnibus Election Code. After conducting a preliminary investigation on said report, The Provincial Election Supervisor found a prima facie case and recommended filing of an information against each respondents for violation of Sec. 261 (y) (2) and (5) of the Omnibus Election Code. The COMELEC en banc, in a minute resolution, resolved to file information against the private respondents.

Informations were filed against the respondents in the RTC. The Regional Election Director was designated by COMELEC to handle the prosecution with the authority to assign another COMELEC prosecutor.

Private respondents filed motions for reconsiderations and the suspension of the warrant of arrest with the respondent court on the ground that no preliminary investigation was conducted. RTC ordered the reinvestigation of the case and the suspension of the service of the warrants pending submission of the reinvestigation report of the COMELEC.

COMELEC prosecutor filed a motion for reconsideration alleging that only the Supreme Court can review the decisions, orders, rulings and resolutions of the COMELEC but was denied.

Hence, the present petition for certiorari, mandamus and prohibition.


ISSUES:

1. Whether or not only the Supreme Court can review orders of the COMELEC.

2. Whether or not the respondent court has the authority to order the reinvestigation of the case and to order the COMELEC Law Department to furnish said respondent the records of the preliminary investigation of the case for the purpose of determining probable cause.


RULING:

First Issue

The Court held that "what is contemplated by the term final orders, rulings and decisions' of the COMELEC reviewable on certiorari by the Supreme Court as provided by law are those rendered in actions or proceedings before the COMELEC and taken cognizance of by said body in the exercise of its adjudicatory or quasi-judicial powers." Thus, the decisions of the COMELEC on election contests or administrative questions brought before it are subject to judicial review only by this Court.

However, under Section 2(6), of Article IX-C of the Constitution, the COMELEC may "investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses and malpractices." Under Section 265 of the Omnibus Election Code, the COMELEC, through its duly authorized legal officers, "have the exclusive power to conduct preliminary investigation of all election offenses punishable under this Code, and to prosecute the same."

Section 268 of the same Code provides that: "The regional trial courts shall have exclusive original jurisdiction to try and decide any criminal action or proceedings for violation of this Code, except those relating to the offense of failure to register or failure to vote which shall be under the jurisdiction of the metropolitan or municipal trial courts. From the decision of the courts, appeal will lie as in other criminal cases."

From the foregoing provisions of the Constitution and the Omnibus Election Code, it is clear that aside from the adjudicatory or quasi-judicial power of the COMELEC to decide election contests and administrative questions, it is also vested the power of a public prosecutor with the exclusive authority to conduct the preliminary investigation and the prosecution of election offenses punishable under the Code before the competent court. Thus, when the COMELEC, through its duly authorized law officer, conducts the preliminary investigation of an election offense and upon a prima facie finding of a probable cause, files the information in the proper court, said court thereby acquires jurisdiction over the case. Consequently, all the subsequent disposition of said case must be subject to the approval of the court. The COMELEC cannot conduct a reinvestigation of the case without the authority of the court or unless so ordered by the court.

Second Issue

The records of the preliminary investigation required to be produced by the court must be submitted by the COMELEC. The trial court may rely on the resolution of the COMELEC to file the information, by the same token that it may rely on the certification made by the prosecutor who conducted the preliminary investigation, in the issuance of the warrant of arrest. Nevertheless the court may require that the record of the preliminary investigation be submitted to it to satisfy itself that there is probable cause which will warrant the issuance of a warrant of arrest.

The refusal of the COMELEC or its agents to comply with the order of the trial court requiring them to conduct a reinvestigation in this case and to submit to the court the record of the preliminary investigation on the ground that only this Court may review its actions is certainly untenable.

The petition is brought in the name of the People of the Philippines. Thus, Only the Solicitor General can represent the People of the Philippines in this proceeding. The consent of the Office of the Solicitor General should have been secured by the COMELEC before the filing of this petition. On this account alone, the petition should be dismissed.

The petition is DISMISSED for lack of merit.

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