POLITICAL LAW REVIEWER FOR THE 2013 BAR EXAMS. NOTES: Section 6, Rule 18 of the Comelec Rules of Procedure mandates a rehearing where parties are given the opportunity anew to strengthen their respective positions or arguments and convince the members of the Comelec en banc of the merit of their case. (Juliano v. COMELEC, 521 Phil. 395, 403 ) Section 6, Rule 18 of the Comelec Rules of Procedure reads: Section 6. Procedure if Opinion is Equally Divided. - When the Commission en banc is equally divided in opinion, or the necessary majority cannot be had, the case shall be reheard, and if on rehearing no decision is reached, the action or proceeding shall be dismissed if originally commenced in the Commission; in appealed cases, the judgment or order appealed from shall stand affirmed; and in all incidental matters, the petition or motion shall be denied. [emphasis ours; italics supplied] In Juliano v. Commission on Elections,20 only three members of the Comelec en banc voted in favor of granting Estrelita Juliano’s motion for reconsideration (from the Decision of the Comelec Second Division dismissing her petition for annulment of proclamation of Muslimin Sema as the duly elected Mayor of Cotabato City), three members dissented, and one member took no part. In ruling that the Comelec acted with grave abuse of discretion when it failed to order a rehearing required by the Comelec Rules of Procedure, the Court ruled: Section 6, Rule 18 of the Comelec Rules of Procedure specifically states that if the opinion of the Comelec En Banc is equally divided, the case shall be reheard. The Court notes, however, that the Order of the Comelec En Banc dated February 10, 2005 clearly stated that what was conducted was a mere "re-consultation." A "re-consultation" is definitely not the same as a "rehearing." A consultation is a "deliberation of persons on some subject;" hence, a re-consultation means a second deliberation of persons on some subject. Rehearing is defined as a "second consideration of cause for purpose of calling to court’s or administrative board’s attention any error, omission, or oversight in first consideration. A retrial of issues presumes notice to parties entitled thereto and opportunity for them to be heard." (italics supplied). But as held in Samalio v. Court of Appeals, A formal or trial-type hearing is not at all times and in all instances essential.1âwphi1 The requirements are satisfied where the parties are afforded fair and reasonable opportunity to explain their side of the controversy at hand. Thus, a rehearing clearly presupposes the participation of the opposing parties for the purpose of presenting additional evidence, if any, and further clarifying and amplifying their arguments; whereas, a re-consultation involves a re-evaluation of the issues and arguments already on hand only by the members of the tribunal, without the participation of the parties. In Belac v. Comelec, when the voting of the Comelec En Banc on therein petitioner’s motion for reconsideration was equally divided, the Comelec En Banc first issued an order setting the case for hearing and allowed the parties to submit their respective memoranda before voting anew on therein petitioner’s motion for reconsideration. This should have been the proper way for the Comelec En Banc to act on herein petitioner’s motion for reconsideration when the first voting was equally divided. Its own Rules of Procedure calls for a rehearing where the parties would have the opportunity to strengthen their respective positions or arguments and convince the members of the Comelec En Banc of the merit of their case. Thus, when the Comelec En Banc failed to give petitioner the rehearing required by the Comelec Rules of Procedure, said body acted with grave abuse of discretion.(italics supplied; emphases ours) To the same effect, in Marcoleta v. Commission on Elections,22 the Court ruled that the Comelec en banc did not gravely abuse its discretion when it ordered a rehearing of its November 6, 2007 Resolution for failing to muster the required majority voting. The Court held: The Comelec, despite the obvious inclination of three commissioners to affirm the Resolution of the First Division, cannot do away with a rehearing since its Rules clearly provide for such a proceeding for the body to have a solicitous review of the controversy before it. A rehearing clearly presupposes the participation of the opposing parties for the purpose of presenting additional evidence, if any, and further clarifying and amplifying their arguments. (2013 TACORDA BIDO BERNABE & DE LA VEGA FILES/NOTES 5884) ELECTION LAWS)
Posted on: Sat, 10 Aug 2013 04:18:04 +0000
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