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Bedol Vs Comelec

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LINTANG BEDOL vs COMMISSION ON ELECTIONS

G.R. No. 179830. December 3, 2009


FACTS:

Petitioner as Chair of the PBOC for the province of Maguindano performed his official
functions and performed his ministerial duty to canvass the Certificates of Canvass. He
was also charged to be the concurrent Provincial Elections Supervisor for the province
of Shariff Kabungsuan. Respondent failed to attend scheduled canvassing of the PCOC
of Maguindanao. He was informed of the resetting of the canvassing but failed to appear.
The Commission and the NBOC exercising their investigatory power created the Task
Force Mindanao and petitioner did appear before them. He explained that while in his
custody, the election paraphernalia were stolen. He was asked to appear in another
proceeding but petitioner failed to appeal, giving the impression that he does not give
importance to this whole exercise. He also failed or refused to submit a written
explanation of his absences. The COMELEC through the Task Force Mindanao cited
petitioner in contempt, and he was also arrested by the PNP due to his failure to appear.
Petitioner reiterated his objection to the COMELEC over the contempt charges since
there were no complaints lodged against him with the COMELEC by any private party.
HELD: The COMELEC, through the Task Force Mindanao was exercising its quasi-
judicial power in ascertaining the truth behind the allegations of fraud held in the
elections held in Maguindano. The effectiveness of the quasi-judicial power vested by
law on a government institution hinges on its authority to compel attendance of the
parties and/or their witnesses at the hearings or proceedings. To withhold the
COMELEC from imposing punishment on individuals who refuse to appear during a
fact-finding investigation would render nugatory the COMELEC’s investigatory power.

ADMINISTRATIVE LAW HADIYA MAY D GAYED

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