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C. SEC2-26.People V Inting

The COMELEC conducted a preliminary investigation into a complaint filed against an OIC-Mayor for allegedly transferring a municipal employee in violation of election laws. Based on the investigation, the COMELEC filed criminal charges in court. However, the court dismissed the charges, finding that only the prosecutor could determine probable cause. The Supreme Court held that the 1987 Constitution empowers the COMELEC exclusively to conduct preliminary investigations into election offenses in order to help courts determine probable cause and file charges. Divesting the COMELEC of this authority would undermine its effectiveness in ensuring free and honest elections in accordance with the Constitution.

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30 views1 page

C. SEC2-26.People V Inting

The COMELEC conducted a preliminary investigation into a complaint filed against an OIC-Mayor for allegedly transferring a municipal employee in violation of election laws. Based on the investigation, the COMELEC filed criminal charges in court. However, the court dismissed the charges, finding that only the prosecutor could determine probable cause. The Supreme Court held that the 1987 Constitution empowers the COMELEC exclusively to conduct preliminary investigations into election offenses in order to help courts determine probable cause and file charges. Divesting the COMELEC of this authority would undermine its effectiveness in ensuring free and honest elections in accordance with the Constitution.

Uploaded by

Gin Fernandez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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C.

SEC2-26.People v Inting
Facts:
Mrs. Editha Barba filed a letter-complaint against OIC-Mayor Dominador Regalado of
Tanjay, Negros Oriental with the COMELEC for allegedly transferring her, a permanent
Nursing Attendant, Grade I, in the office of the Municipal Mayor to a very remote barangay
and without obtaining prior permission or clearance from COMELEC as required by law.
After a preliminary investigation of Barba’s complaint, Atty. Lituanas found a prima facie
case. Hence, on September 26, 1988, he filed with the respondent trial court a criminal
case for violation of section 261, Par. (h), Omnibus Election Code against the OIC-Mayor.
In an Order dated September 30, 1988, the respondent court issued a warrant of arrest
against the accused OIC Mayor.
However, in an order dated October 3, 1988 and before the accused could be arrested,
the trial court set aside its September 30, 1988 order on the ground that Atty. Lituanas is
not authorized to determine probable cause pursuant to Section 2, Article III of the 1987
Constitution. The trial court later on quashed the information. Hence, this petition.
Issue:
Whiter or not a preliminary investigation conducted by a Provincial Election Supervisor
involving election offenses have to be coursed through the Provincial Prosecutor, before
the Regional Trial Court may take cognizance of the investigation and determine whether
or not probable cause exists?
Held:
The 1987 Constitution empowers the COMELEC to conduct preliminary investigations in
cases involving election offenses for the purpose of helping the Judge determine probable
cause and for filing an information in court. This power is exclusive with COMELEC. 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 will 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. Bearing these principles in mind, it is apparent that the respondent trial court
misconstrued the constitutional provision when it quashed the information filed by the
Provincial Election Supervisor.

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