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    Adelina Gabatan Vs COMELEC (Digest)

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    Arahbells
    1) Adelina Gabatan and Leonardo Macalalag were the only candidates for Mayor of Pagsanjan, Laguna in the 1980 local elections. Gabatan was proclaimed the winner but Macalalag filed a petition for her disqualification due to alleged turncoatism. 2) Gabatan filed a motion to dismiss claiming the Commission on Elections (COMELEC) lacked jurisdiction. However, the COMELEC denied the motion. 3) The Supreme Court ruled that the COMELEC has jurisdiction over cases involving the ineligibility of municipal officials based on a previous ruling that gave the COMELEC authority to enforce election laws and investigate election

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    Adelina Gabatan Vs COMELEC (Digest)

    Uploaded by

    Arahbells
    233 views1 page
    1) Adelina Gabatan and Leonardo Macalalag were the only candidates for Mayor of Pagsanjan, Laguna in the 1980 local elections. Gabatan was proclaimed the winner but Macalalag filed a petition for her disqualification due to alleged turncoatism. 2) Gabatan filed a motion to dismiss claiming the Commission on Elections (COMELEC) lacked jurisdiction. However, the COMELEC denied the motion. 3) The Supreme Court ruled that the COMELEC has jurisdiction over cases involving the ineligibility of municipal officials based on a previous ruling that gave the COMELEC authority to enforce election laws and investigate election

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    Administrative Case

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    Adelina Gabatan vs COMELEC (Digest)

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    1) Adelina Gabatan and Leonardo Macalalag were the only candidates for Mayor of Pagsanjan, Laguna in the 1980 local elections. Gabatan was proclaimed the winner but Macalalag filed a petition for her disqualification due to alleged turncoatism. 2) Gabatan filed a motion to dismiss claiming the Commission on Elections (COMELEC) lacked jurisdiction. However, the COMELEC denied the motion. 3) The Supreme Court ruled that the COMELEC has jurisdiction over cases involving the ineligibility of municipal officials based on a previous ruling that gave the COMELEC authority to enforce election laws and investigate election

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    233 views1 page

    Adelina Gabatan Vs COMELEC (Digest)

    Uploaded by

    Arahbells
    1) Adelina Gabatan and Leonardo Macalalag were the only candidates for Mayor of Pagsanjan, Laguna in the 1980 local elections. Gabatan was proclaimed the winner but Macalalag filed a petition for her disqualification due to alleged turncoatism. 2) Gabatan filed a motion to dismiss claiming the Commission on Elections (COMELEC) lacked jurisdiction. However, the COMELEC denied the motion. 3) The Supreme Court ruled that the COMELEC has jurisdiction over cases involving the ineligibility of municipal officials based on a previous ruling that gave the COMELEC authority to enforce election laws and investigate election

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Adelina Gabatan vs COMELEC & Leonardo Macalalag

    GR No L-58113, May 2, 1983


    Ponente: Fernando, C.J.

    FACTS:
    Petitioner Gabatan & private respondent Macalalag were the only candidates for
    the position of Mayor of the municipality of Pagsanjan, Laguna in the local elections
    held on January 30, 1980 Thereafter, Gabatan was duly proclaimed as winner the next
    day by the Municipal Board of Canvassers (MBC) of Pagsanjan, Laguna. However, a
    petition for her disqualification filed with respondent Commission on the ground of
    turncoatism, she having changed her party affiliation within six months preceding the
    election. A motion to dismiss was filed by petitioner with respondent Commission on the
    ground of lack of jurisdiction, however, it was eventually denied.

    Issue: WON an action for ineligibility against a municipal official fags within the
    jurisdiction of respondent Commission on Elections or of a Court of First Instance.

    HELD:
    The Court held that it is the Commission that is vested with jurisdiction.

    In De Jesus v. People of the Philippines, the Court held: The grant to the COMELEC of
    the power, among others, to enforce and administer all laws relative to the conduct of
    election and the concomitant authority to investigate and prosecute election offenses is
    not without compelling reason. The evident constitutional intendment in bestowing this
    power to the COMELEC is to insure the free, orderly and honest conduct of elections,
    failure of which would result in the frustration of the true wig of the people and make a
    mere Idle ceremony of the sacred right and duty of every qualified citizen to vote. To
    divest the COMELEC of the authority to investigate and prosecute offenses committed
    by public officials in relation to their office would thus seriously impair, its effectiveness
    in achieving this clear constitutional mandate.

    Hence, the petition is dismissed.

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